What is the ruling on Zakat al-Fitr if a husband who does not pray pays it on behalf of his wife and child, knowing that prayer is a pillar of Islam and abandoning it is an act of disbelief?
Scholars differ on the ruling concerning one who abandons prayer (): Does it constitute disbelief that expels one from the faith, or not? According to the majority opinion, which holds that it does not constitute such disbelief, you remain his wife, and he is obligated to pay your al-Fitr and the Zakat al-Fitr of those he supports, and what he has paid on your behalf is sufficient for you. However, according to the opinion of those who consider him a disbeliever, separation from him is obligatory because a Muslim woman cannot marry a disbeliever. If he continues to abandon prayer until your ' (waiting period) expires, a final separation (baynunah) occurs, and he cannot return to you except through repentance and a renewal of the marriage contract. At that point, what he paid of Zakat al-Fitr will not be sufficient, because it becomes obligatory upon you. If you authorize him to pay it, it is permissible. But if you do not authorize him, it is not sufficient because you did not have the intention. The prevalent opinion (muftā bih) is that abandoning prayer does not constitute disbelief that expels one from the faith, and what your husband paid is sufficient. Nevertheless, it is advised to separate from him if he persists in abandoning prayer.
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