Q: Who is considered eligible to receive the Zakaat ?
ANS: It does not befit that the Zakaat be given to the one who does not utilize it for obedience to Allah. For indeed Allah The Most High has obligated it as an aid towards obedience to Him for whosoever is in need of it from the believers, such as the poor and those under debt or one who helps the believers.
So whoever does not pray from the people who are needy should not be given anything until he repents; and until he adheres to the performance of the prayers in their correct times.
ANS: It does not befit that the Zakaat be given to the one who does not utilize it for obedience to Allah. For indeed Allah The Most High has obligated it as an aid towards obedience to Him for whosoever is in need of it from the believers, such as the poor and those under debt or one who helps the believers.
So whoever does not pray from the people who are needy should not be given anything until he repents; and until he adheres to the performance of the prayers in their correct times.
[Shaykh ul-Islaam Ibn Taymiyyah - Ikhtiyaaraat al-Fiqhiyyah min Fataawaa Shaikh ul Islaam Ibn Taymiyyah page 103]
Q: What is the ruling on paying Zakah (obligatory
charity) money for helping to build a Masjid (mosque) whose construction
was halted due to lack of financial resources?
ANS: According to the opinion of the majority of Muslim scholars and the Ijma` (consensus) of our Salaf (righteous predecessors), Zakah is not to be paid for constructing Masjids, buying books, etc.
Rather, Zakah must be spent on the eight categories which are mentioned in the Ayah (Qur’anic verse) of Surah Al-Tawbah, i.e. the poor, the needy, those employed to collect (the funds), to attract the hearts of those who have been inclined (towards Islâm), to free captives, for those in debt, in the cause of Allah, and for the wayfarer (a traveller who is cut off from everything).
It is worth mentioning that scholars are of the view that the category of “in the cause of Allah” refers only to Jihad (fighting/striving in the Cause of Allah) and this does not include constructing Masjids, schools, roads, etc.
ANS: According to the opinion of the majority of Muslim scholars and the Ijma` (consensus) of our Salaf (righteous predecessors), Zakah is not to be paid for constructing Masjids, buying books, etc.
Rather, Zakah must be spent on the eight categories which are mentioned in the Ayah (Qur’anic verse) of Surah Al-Tawbah, i.e. the poor, the needy, those employed to collect (the funds), to attract the hearts of those who have been inclined (towards Islâm), to free captives, for those in debt, in the cause of Allah, and for the wayfarer (a traveller who is cut off from everything).
It is worth mentioning that scholars are of the view that the category of “in the cause of Allah” refers only to Jihad (fighting/striving in the Cause of Allah) and this does not include constructing Masjids, schools, roads, etc.
[Shaykh `Abdul `Azeez Bin Baz - Majmoo’ Fatawa wa Maqalaat Mutanawwa’ah (14/294)]
Q: Is zakaah better in Ramadaan, even though it is one of the pillars of Islam?
ANS: Zakaah, like other good deeds, is better when done at a time of virtue, but when zakaah becomes obligatory and the year has passed, it becomes obligatory for a person to pay it, and he should not delay it until Ramadaan. If the year is completed in Rajab, then he should not delay it until Ramadaan, rather he should pay it in Rajab. If the year is completed in Muharram then he should pay it in Muharram, and not delay it until Ramadaan. But if the year is completed in Ramadaan, then he should pay it in Ramadaan.
[Shaykh Ibn ‘Uthaymeen - Fataawa Islamiyyah, 2/164]
Q: There is a man who depends on his monthly salary; he spends some and saves the rest. How should he pay zakaah on this money?
ANS: He should write down what he saves of his salary, and pay zakaah on it when one year has passed. Zakaah should be paid on the savings of each month when one year has passed. If he pays zakaah on the total in the first month, there is nothing wrong with that and he will be rewarded for that, and it will be regarded as zakaah paid in advance for the savings for which one year has not yet passed. There is no reason why a person should not pay zakaah in advance if he sees some benefit in doing so. But delaying it after the year has passed is not permissible, unless there is a valid shar’i excuse, such as the wealth not being available or there being no poor people.
ANS: He should write down what he saves of his salary, and pay zakaah on it when one year has passed. Zakaah should be paid on the savings of each month when one year has passed. If he pays zakaah on the total in the first month, there is nothing wrong with that and he will be rewarded for that, and it will be regarded as zakaah paid in advance for the savings for which one year has not yet passed. There is no reason why a person should not pay zakaah in advance if he sees some benefit in doing so. But delaying it after the year has passed is not permissible, unless there is a valid shar’i excuse, such as the wealth not being available or there being no poor people.
[Shaykh `Abdul `Azeez Bin Baz -Tuhfat al-Ikhwaan bi Ajwabah Muhimmah tata’allaq bi Arkaan al-Islam (question no. 12)]
Q: A person saved a sum of money from his own earnings.
Most of it he possessed for a year, but he spent it on some things that
would bring benefit to himself. Therefore, he asks whether it is
obligatory for him to pay Az-Zakah on it.
ANS: Whatever wealth he saved or owned for a year while it had reached the minimum required amount, then Az-Zakah is due on it. This is the case even if he spent some of it after that on marriage or anything similar. If he did not pay the Zakah of his wealth which was due upon, then it is still due from him and he is responsible for it. It is incumbent upon him to pay it. However, what he did not possess for a year of his wealth due to his spending from it before a year’s time, then there is no Zakah due upon it.
ANS: Whatever wealth he saved or owned for a year while it had reached the minimum required amount, then Az-Zakah is due on it. This is the case even if he spent some of it after that on marriage or anything similar. If he did not pay the Zakah of his wealth which was due upon, then it is still due from him and he is responsible for it. It is incumbent upon him to pay it. However, what he did not possess for a year of his wealth due to his spending from it before a year’s time, then there is no Zakah due upon it.
[Permanent Committee for Research and Verdicts - Fatawa Islamiyah, DARUSSALAM, Vol.3, Page Nos. 160/161]
ANS: If a rented house is rented out for profit, then there is no Zakah payable on the value of the house. The Zakah is only payable on the income that is generated from it if the hawl (passage of one Hijrah hear) is completed upon it from the time of the rental agreement. If the hawl has not been completed from the time of the rental agreement, then there is no Zakah payable upon it either.
For example, if the person rented out the house for ten thousand riyals, of which he receives five thousand at the time of the agreement which he spends. Then he receives five thousand in the middle of the year, which he spends before the end of the year, there is no Zakah upon him in this case. This is because the hawl has not been completed upon this money.
However, if he kept the house for sale and waited to receive the profit from it, but said: Since it has not been sold, I will rent it out,’ then in that case, he must pay Zakah for the value of the house because he has kept it for sale; he did not want to keep it and profit from it.
And everything which is intended for the purpose of trade and profit is liable for Zakah, according to the words of the Prophet (peace be upon him), “Deeds are according to intentions and every person shall have what he intended.” And Allah knows best.
[Excerpted from Islamic Verdicts on the Pillars of Islam by Sheikh Muhammad Bin Salih Al-‘Uthaimeen]
Q: It is known that the scholars disagree as to whether it is obligatory to pay Zakah (obligatory charity) on jewelry that is worn, intended to be worn, or borrowed.What is Your Eminence’s opinion on this issue? Supposing that it is obligatory to pay Zakah on them, is there a Nisab (the minimum amount on which Zakah is due) for this? If there is a Nisab, it seems from the Hadith that indicate the obligation of giving Zakah on jewelry – where the Messenger of Allah (peace be upon him) warned against the punishment of Fire awaiting those who do not pay the Zakah – that there is no Nisab. How is this resolved? [1]
ANS: There is a famous controversy among the scholars as to whether it is obligatory to pay Zakah on gold and silver jewelry that is worn, intended to be worn, or borrowed. The preponderant opinion is that it is obligatory, according to the general evidence on the obligation of Zakah on gold and silver.
It was also authentically reported that `Abdullah ibn `Amr ibn Al-`As said: A woman came to the Messenger of Allah (peace be upon him) with her daughter, on whose hand were two heavy bangles of gold. He (peace be upon him) asked, “Do you pay Zakah on these?” She said, “No.” He (peace be upon him) said, “Would it please you if Allah were to encircle you on the Day of Resurrection with two bracelets of Fire because of them?” She threw them down and said, “They are (I have given them away) for the sake of Allah and His Messenger.” [2]
It was also authentically reported from Um Salamah that she was wearing some gold ornaments, so she asked, “O Messenger of Allah! Is this Kanz (hoarded wealth, the Zakah of which has not been paid)?” He (peace be upon him) said, “Anything that reaches the amount at which Zakah is payable and its Zakah is paid is not considered Kanz.” [3] The Prophet (peace be upon him) did not tell her that there is no Zakah on jewelry.
All these Hadith refer to jewelry that reach the Nisab, when they are combined with other evidence, as Hadith explain one another just as Qur’anic Ayahs (verses) explain one another, and also Hadith explain Ayahs and make their generality specific and their absoluteness limited, because all of them are revelation from Allah (Glorified be He). Whatever comes from Allah is not contradictory; in fact they confirm and explain one another.
Therefore, it is necessary that a Hawl (one lunar year calculated from the time a property reaches the minimum amount upon which Zakah is due) must be completed (on jewelry) as is the case with other categories of Zakah wealth, such as money, commercial commodities, and livestock. May Allah grant us success.
[1] This was published in the book entitled “Tuhfat Al-Ikhwan” by His Eminence, p. 145; and Al-Da`wah magazine, issue no. 1519, dated 8/7/1416 A.H.
[2] Al-Nasa’y, Sunan, Book on Zakah, no. 2479; Abu Dawud, Sunan, Book on Zakah, no. 1563; and Ahmad ibn Hanbal, Musnad, vol. 2, p. 204.
[3] Narrated by Abu Dawud in Book on Zakah, Chapter on what is treasure & Zakah on jewelry, no. 1563; and Al-Nasa’y in Book on Zakah, Chapter on Zakah on jewelry, no. 2479.
ANS: There is a famous controversy among the scholars as to whether it is obligatory to pay Zakah on gold and silver jewelry that is worn, intended to be worn, or borrowed. The preponderant opinion is that it is obligatory, according to the general evidence on the obligation of Zakah on gold and silver.
It was also authentically reported that `Abdullah ibn `Amr ibn Al-`As said: A woman came to the Messenger of Allah (peace be upon him) with her daughter, on whose hand were two heavy bangles of gold. He (peace be upon him) asked, “Do you pay Zakah on these?” She said, “No.” He (peace be upon him) said, “Would it please you if Allah were to encircle you on the Day of Resurrection with two bracelets of Fire because of them?” She threw them down and said, “They are (I have given them away) for the sake of Allah and His Messenger.” [2]
It was also authentically reported from Um Salamah that she was wearing some gold ornaments, so she asked, “O Messenger of Allah! Is this Kanz (hoarded wealth, the Zakah of which has not been paid)?” He (peace be upon him) said, “Anything that reaches the amount at which Zakah is payable and its Zakah is paid is not considered Kanz.” [3] The Prophet (peace be upon him) did not tell her that there is no Zakah on jewelry.
All these Hadith refer to jewelry that reach the Nisab, when they are combined with other evidence, as Hadith explain one another just as Qur’anic Ayahs (verses) explain one another, and also Hadith explain Ayahs and make their generality specific and their absoluteness limited, because all of them are revelation from Allah (Glorified be He). Whatever comes from Allah is not contradictory; in fact they confirm and explain one another.
Therefore, it is necessary that a Hawl (one lunar year calculated from the time a property reaches the minimum amount upon which Zakah is due) must be completed (on jewelry) as is the case with other categories of Zakah wealth, such as money, commercial commodities, and livestock. May Allah grant us success.
[1] This was published in the book entitled “Tuhfat Al-Ikhwan” by His Eminence, p. 145; and Al-Da`wah magazine, issue no. 1519, dated 8/7/1416 A.H.
[2] Al-Nasa’y, Sunan, Book on Zakah, no. 2479; Abu Dawud, Sunan, Book on Zakah, no. 1563; and Ahmad ibn Hanbal, Musnad, vol. 2, p. 204.
[3] Narrated by Abu Dawud in Book on Zakah, Chapter on what is treasure & Zakah on jewelry, no. 1563; and Al-Nasa’y in Book on Zakah, Chapter on Zakah on jewelry, no. 2479.
[Fatwas of Ibn Baz > Volume 14 > Book of Zakah > Chapter on Zakah on gold and silver > Obligation of paying Zakah on jewelry that is worn, intended to be worn, or borrowed]
Q: My wife has gold that she wears that reaches the
minimum amount required for Az-Zakah. Is there any Zakah due on it? Is
paying its Zakah obligatory on me or on my wife? Is Az-Zakah given from
the jewellery itself or is its value determined and then Az-Zakah paid
according to the value?
ANS: Az-Zakah is obligatory on jewellery that is made of gold and silver if its weight reaches the minimum amount required for Az-Zakah, which is 20 Mithqal of gold and 140 Mithqal of silver. The minimum amount of gold in the current currency is equal to 11 (and three sevenths) Saudi Junayhs. If the gold jewellery reaches this amount or more, Az-Zakah must be paid on it, even if it is only for wearing according to the most correct view of the scholars.
The minimum amount of silver required for Az-Zakah is 56 Saudi Riyals (of silver). If the silver jewellery reaches this amount or more, Az-Zakah must be paid on it. The amount of Az-Zakah to be paid is 2.5% of gold, silver and sale merchandise. This is 2½ out of 100 or 25 out of 1000. Any amount more than this is calculated in this way.
Az-Zakah is due upon the woman who owns the jewellery. If her husband or other than him pays it on her behalf with her permission, there is nothing wrong with that. It is not obligatory to give the Zakah from the jewellery itself. Rather, it suffices to pay its value every time a year passes on it. This is according to the value of gold and silver in the market at the completion of the year’s time. And Allah is the Giver of success.
ANS: Az-Zakah is obligatory on jewellery that is made of gold and silver if its weight reaches the minimum amount required for Az-Zakah, which is 20 Mithqal of gold and 140 Mithqal of silver. The minimum amount of gold in the current currency is equal to 11 (and three sevenths) Saudi Junayhs. If the gold jewellery reaches this amount or more, Az-Zakah must be paid on it, even if it is only for wearing according to the most correct view of the scholars.
The minimum amount of silver required for Az-Zakah is 56 Saudi Riyals (of silver). If the silver jewellery reaches this amount or more, Az-Zakah must be paid on it. The amount of Az-Zakah to be paid is 2.5% of gold, silver and sale merchandise. This is 2½ out of 100 or 25 out of 1000. Any amount more than this is calculated in this way.
Az-Zakah is due upon the woman who owns the jewellery. If her husband or other than him pays it on her behalf with her permission, there is nothing wrong with that. It is not obligatory to give the Zakah from the jewellery itself. Rather, it suffices to pay its value every time a year passes on it. This is according to the value of gold and silver in the market at the completion of the year’s time. And Allah is the Giver of success.
[Shaykh `Abdul `Azeez Bin Baz - Fatawa Islamiyah, DARUSSALAM, Vol.3, Page Nos. 180/181]
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