Fatwa No : 82332
Ruling on Husband Performing Qurbani for Wife When Qurbani is Obligatory on Her

Ruling on Husband Performing Qurbani for Wife When Qurbani is Obligatory on Her

What do the respected scholars say regarding this issue: Zaid has four sons, and all four of them share in everything in the household. It should be noted that Zaid himself is still alive. Now, Zaid owns a car, which is driven by one of the four sons. Because of their joint ownership, this son does not take any salary for driving; rather, he gives all the money he earns to the household fund. Now, the issue is that this driver has a wife who owns gold and is therefore considered sahib-e-nisab, due to which sacrifice (Qurbani) is obligatory upon her. However, she does not have any cash. The driver says: If I take from the collective money of the car an amount equal to the price of the sacrifice and perform the Qurbani on behalf of my wife, will it be permissible for me to take this money or not? If it is not permissible, then please guide us with reference to the Qur’an and Hadith as to whether there is any way or allowance in this matter. It should also be noted that the driver himself is not personally obligated to perform Qurbani; he only intends to carry it out on behalf of his wife out of kindness.

الجوابُ حامِدا ًو مُصلیِّا ً

When the mentioned person’s wife is sahib-e-nisab, Qurbani is obligatory upon her. However, if she does not have cash in her possession, then if the husband, with her permission or after informing her, performs the sacrifice on her behalf, it is undoubtedly permissible and valid. As for covering the expense from the joint income, although there is leeway for it, he should carry it out with the knowledge and approval of the head of the household, and not do so without permission.

مأخَذُ الفَتوی

ففي حاشية ابن عابدين: (قوله واليسار إلخ) بأن ملك مائتي درهم أو عرضا يساويها غير مسكنه وثياب اللبس أو متاع يحتاجه ،إلى أن يذبح الأضحية ولو له عقار يستغله فقيل تلزم لو قيمته نصابا اھ (6/ 312)۔
وفيه ايضاً: ولو ضحى عن أولاده الكبار وزوجته لا يجوز إلا بإذنهم. (6/ 315)۔
و في بدائع الصنائع: ولا يجوز التصرف في ملك الغير بغير إذنه اھ (2/ 234)۔