Does a woman have to pay zakaah on the second part of the dowry?

Question

Praise be to Allah.

Firstly:

So long as you do not have possession of the second part of
the dowry, you do not have to pay zakaah on it. When you take possession of
wealth that reaches the nisaab (minimum threshold) and one year passes since
it came into your possession, then you have to pay zakaah on it even if you
are saving it or keeping it to furnish the apartment and so on, unless you
pay it towards furnishing the apartment or you give it to your wife as her
dowry before one year has passed, in which case you do not have to pay
zakaah on it.

Secondly:

The delayed part of the dowry is regarded as a debt that is
owed to the wife by the husband, so the ruling on its zakaah is like the
ruling on any other debt that a person owes to someone else. This is subject
to further discussion among the fuqaha’:

(a)

If the debt is owed by someone who is able and willing to pay
it off, and he can afford to pay it back when asked to do so, and he is not
denying it or trying to delay it, i.e., you can get your money back whenever
you ask for it, then zakaah must be paid on it every year, because it comes
under the same ruling as wealth that is in the possession of the owner.

(b)

If the debt is owed by a poor person who has no wealth, or
one who is denying it, and you have no proof of it, then no zakaah is due on
it according to the more correct opinion, but when the owner takes
possession of it, then in order to be on the safe side he should pay zakaah
on one year, even if many years have passed. This has been discussed in the
answer to question no. 1346.

Based on this, the delayed portion of the dowry (with which
the furniture is to be bought) is a debt that you owe to your wife, so no
zakaah is due from her or from you because you do not own that wealth.

Similarly, no zakaah is due on the delayed portion which the
wife will not take unless there is a separation, because she cannot ask for
it so long as she remains your wife, but if she decides to pay one year’s
zakaah on it in order to be on the safe side, that is better.

Shaykh Ibn ‘Uthaymeen (may Allaah have mercy on him) was
asked: Is it correct to delay giving the wife her dowry? Is it a debt owed
by the man that he must pay? Is zakaah due on it?

He replied: It is permissible to delay the dowry and there is
nothing wrong with that, because Allaah says (interpretation of the
meaning): “O you who believe! Fulfil (your) obligations” [al-Maa’idah 5:1].

Fulfilling obligations includes fulfilling them and adhering
to their conditions.

If a man stipulates that all or some of the dowry will be
delayed, there is nothing wrong with that, but it becomes due if the
contract stated that it is due on a specific date, or if no specific date is
mentioned it becomes due when separation occurs as the result of divorce,
annulment of the marriage or death of the husband. It is a debt owed by the
husband that may be demanded when the specified time come if he is still
alive, or after he dies, as with any other debt.

Zakaah must be paid by the woman on this delayed dowry if the
husband is well off and is willing to pay the debt, but if he is poor then
she does not have to pay zakaah.

End quote from Majmoo’ Fataawa al-Shaykh Ibn ‘Uthaymeen
(18/30).

And Allaah knows best.