Is what the woman took from the Zakat money that was entrusted to her husband considered theft, and must the owner of the Zakat re-issue it, or should the husband pay it despite his inability, or does the sin fall upon her?
The wife's act of taking money is a forbidden betrayal according to Islamic law, and she must return it. This is not a theft that necessitates the ḥadd punishment, due to the presence of shubha (doubt) and the absence of ḥirz (safeguarding).
The owner of the money must give out a substitute for the money that was taken from his agent, because the dhimma (liability) is not absolved unless the money reaches those who are entitled to it. If the zakāt is destroyed before the poor person receives it, the owner of the money is obligated to replace it.
The agent is not liable for the money, and the muzakkī (person paying zakāt) cannot claim against him unless he was negligent in safeguarding it or delayed in distributing it. If the agent is not liable, the owner of the money should claim from the woman what she took.
Summarized from the full answer at Ftawy · reviewed Sep 2, 2026
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