If a woman possesses gold that reaches the nisab, while her husband has no income, is sacrifice obligatory upon the woman, that she should sell the gold and perform the sacrifice? The same conditions
In this issue, the principled position according to the majority of scholars is as follows: The obligation of sacrifice (Udhiyah) is linked to individual ownership and financial capability, not to the combined household income.
Wa alaikum assalam wa rahmatullah wa barakatuh
In this issue, the principled position according to the majority of scholars is as follows:
The obligation of sacrifice (Udhiyah) is linked to individual ownership and financial capability, not to the combined household income.
Individual Liability: In Islam, a woman has an independent financial personality. If she owns gold that reaches the Nisab (threshold) and it is surplus to her basic needs, she is considered "wealthy" in terms of Sharia.
The Ruling on Udhiyah: There is a well-known difference of opinion among scholars; some see it as a Sunnah Mu'akkadah (emphasized Sunnah), while others (like the Hanafi school and some scholars) see it as Wajib (obligatory) for those who can afford it.
Selling Gold for Sacrifice: If a woman possesses gold that reaches the Nisab (approximately 87.48 grams) and she has no liquid cash, she is not strictly required to break or sell her jewelry to perform the sacrifice according to the majority of scholars, as the sacrifice is meant to be an act of ease. However, if she chooses to sell a small portion to perform this great sunnah, it is highly recommended and virtuous.
The Husband's Responsibility: The husband is only responsible for the sacrifice if he has the means. If he is bankrupt or has no income, the obligation falls off him. He is not required to provide for his wife's individual religious obligations (like her Zakat or Udhiyah) from his own pocket if he is unable.
The Shariah ruling regarding the gold in a woman's ownership and sacrifice is as follows:
Individual Financial Status: In Islam, a woman's financial status is separate from and independent of a man's. If a woman possesses gold equal to the nisab, she will be counted as a sahib-e-nisab (owner of the nisab).
The Ruling on Sacrifice: According to the scholars, sacrifice is a "Sunnah Mu'akkadah" (and according to some, obligatory) for the person who has the capacity for it. If a woman possesses gold but has no cash, it is not incumbent upon her that she should sell or break her gold and perform the sacrifice. There is no hardship in the religion, and sacrifice is conditional upon financial capacity.
Preferability: Although selling gold and performing the sacrifice is not obligatory, if a woman, for the pleasure of Allah, sells some portion of the gold and performs this great act of worship, this is a source of reward and recompense for her, provided that her basic need is not affected by it.
The Husband's Responsibility: It is not obligatory upon the husband to perform the sacrifice on behalf of his wife, especially when he has no income. Sacrifice is upon the one who is a person of capacity. If the husband is poor, the sacrifice falls away from him.
Summary: If a woman has only gold and absolutely no cash, then according to the jurists it is not obligatory upon her to sell the gold and perform the sacrifice, because sacrifice is an act of worship based on available wealth and ease, not on hardship and selling assets.
Translated from the original Urdu fatwa.