Her husband insistently refuses to pay Zakah

Dear scholar, My husband dont pay zakath.Even though i talled him he does not care.Further i askked him to pay Eid sacrifice and reward of that but he did not pay that. What is my concern is will i be also punished for not to pay the Zakath but my husband is only controling the money matters even though i have my own property[my parent gave ]? Please answer my qustion Jazzakkallahu hair

All perfect praise be to Allaah, The Lord of the Worlds. I testify that there is none worthy of worship except Allaah, and that Muhammad is His slave and Messenger.

First of all, we would like to mention that it is not an obligation to pay Zakah on all kinds of wealth, as there are some conditions that must be met for paying the Zakah; for more benefit, please refer to Fatwa 83900.

There is no doubt that not paying the Zakah without a sound reason after it becomes due is considered a great major sin. Ibn Hajar Al-Haytami said in his book "The Deterrents from Committing Major Sins": “The major sins Nos. 127&128 are: not paying the Zakah and delaying it without a sound reason after it becomes due…” Then, he mentioned some Sharee'ah evidence about this sin (not paying the Zakah) being one of the major sins. Therefore, your husband should fear Allaah and repent to Him.

As regards your responsibility and whether or not you would be punished for this, then the answer is that what you are required to do is to advise him and remind him of Allaah as a way of fulfilling the obligation of enjoining good and forbidding evil. Then you would not be punished for him not paying out the Zakah because it is your husband who committed the sin and not you as long as you have fulfilled the obligation of advising him, Allaah Says (what means): {O you who have believed, upon you is [responsibility for] yourselves. Those who have gone astray will not harm you when you have been guided.}[Quran 5:105] Allaah also Says (what means): {And every soul earns not [blame] except against itself, and no bearer of burdens will bear the burden of another.}[Quran 6:164] In another verse, Allaah Says (what means): {Every soul, for what it has earned, will be retained.}[Quran 74:38] Allaah further Says (what means): {Allaah does not charge a soul except [with that within] its capacity. It will have [the consequence of] what [good] it has gained, and it will bear [the consequence of] what [evil] it has earned.}[Quran 2:286]

Al-Qurtubi said: “This implies that no one would be held responsible for the sin of another person; rather, the punishment applies to the one who committed the sin.” Allaah Says (what means): {Every person, for what he earned, is retained.}[Quran 52:21] Ibn Katheer said: “This means that the person will be a pledge for his own deeds, and the sins of other people will not be borne by him.” Hence, the above is in regard to your husband refusing to pay Zakah on his money if he has money that are liable for Zakah.

As regards your own money, then it is an obligation on you to pay the Zakah on it if it reaches the Nisaab, the fact that your husband refuses to pay Zakah is not a sound reason for you not to pay your Zakah as he has no control over your money.

For more benefit on the prohibition of not paying Zakah and the punishment for the one who refuses to pay Zakah, please refer to Fatwa 88205, and to Fatwa 102345 on the husband and wife having separate financial liability, and also to Fatwa 81799 on the ruling of offering a sacrifice.

Allaah Knows best.