Neither Husband nor Wife Has to Pay Zakat Due on The Other

Source: https://www.islamweb.net/emainpage/PrintFatwa.php?lang=E&Id=102345

Question:
Assalaamualaikum, a sister from our forums is asking the following question. We hope that you will be to answer it: “If a person owns a small amount of jewelry (a couple hundred dollars worth), and the same person has thousands of dollars of debt (owed from before accepting Islam), and the person doesn’t have any wealth that has been sitting for 1 year, so, does the person have to pay zakat for the jewelry or not since he/she is drowning in debts?

Another question, If that person is married, but the debts are only under one person’s name (accrued by one of them only), but both feel responsible to pay it back, then does the other spouse need to pay zakat for his/her wealth/assets? I guess really my question is, Are the finances considered combined or separate for the purposes of calculating Zakat?” Jazak Allah khair

Answer:
All perfect praise be to Allah, The Lord of the Worlds. I testify that there is none worthy of worship except Allah and that Muhammad, sallallaahu ‘alayhi wa sallam, is His slave and Messenger.

You did not clarify to us whether this gold is possessed for saving and trading, or for use as an adornment.

The predominant opinion is that of the majority of the scholars, may Allah have mercy upon them, who believe that there is no Zakat on gold if it is used for adornment. However, some of them believe that Zakat must be paid on it if it reaches the Nisab (i.e. the minimum amount liable for Zakat, equal value to 85 grams of gold or 195 grams of silver) and a whole lunar year elapses on it.

For more info, please refer to Fatwa no. 87362.

According to the view that Zakat must be paid on this gold, the majority of the scholars, may Allah have mercy upon them, are of the view that if one has debts he is not obliged to pay Zakat on items like gold, silver or cash money unless the debtor has other wealth on which one should pay Zakat, and is enough to cover the amount of debt. In this case, he must first pay the debt and then pay Zakat on the remaining money if it reaches the Nisaab.

Therefore, if the question is about a woman’s adornment, then according to the view that Zakat must be paid on the gold that is used as an adornment or saved for use, then she must pay her debts from the gold which she possesses. After this, if nothing remains of it, or what remains of it is less than the Nisab, she is not required to pay Zakat.

However, it cannot be imagined that the gold that a man possesses is for adornment and use, as he is religiously prohibited from wearing it. Hence, if the owner of this gold is a man, then he should repay his debts (from the gold) and then pay the Zakat on the remaining gold in any case if it reaches the Nisab since he possesses that gold.

Zakat must also be paid on the gold that is saved or used in trade (after paying the debts and provided it reaches the Nisab), whether the owner is a man or a woman.

For more info on the Zakat of an indebted person, please refer to Fataawa no. 82490 and no. 87557.

A husband is not obliged to pay the Zakat which is due to his wife; likewise, a wife is not obliged to pay the Zakat which is due to her husband. Moreover, the spouses are not obliged to add together the money that they possess in order to calculate the amount of Zakat due. Rather, each one of them is required to pay Zakat on his own money if it fulfills the conditions of Zakat. Each one of them has a separate monetary entity.

Allah Knows best.


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Does Asnaf Need to Pay Zakat?

Source: https://www.islamweb.net/en/fatwa/118692/

Question
I am a poor, penniless man and the father of two disabled children. Righteous people gave me from the wealth of Allah such as Zakat and charity. Now, I own a Nisab on which one full lunar year (haul) has lapsed. Is Zakat due on me?

Answer
All perfect praise be to Allah, The Lord of the worlds. I testify that there is none worthy of worship except Allah, and that Muhammad, sallallaahu ‘alayhi wa sallam, is His slave and messenger.

The majority of scholars hold that Zakat is due on wealth. The condition by which Zakat becomes due is to own a Nisab on which one lunar year (haul) has passed. Therefore, whenever a Muslim owns a Nisab of a kind of wealth on which one full lunar year lapses, Zakat becomes due on him whether he is rich or poor. Hanafi jurists, however, excluded the wealth that is saved for one’s basic needs such as food, drink, clothes and so on as they said: “No Zakah is due on it”.

The majority of scholars hold a different view from that of the Hanafi scholars as they hold that whoever owns a Nisab is required to pay Zakat on it even if he is poor. They also say that being entitled to receive Zakat does not prevent it from being due on a person. They set a difference between the limit of wealth that makes Zakat due and that which prevents one from taking it.

According to Malik, Ash-Shafi‘i, and Ahmad (may Allah have mercy upon them), the limit of wealth that makes Zakat due on someone is owning the Nisab. In relation to this, Ibn Qudaamah (may Allaah have mercy upon him) said: “The fourth condition: Richness, based on the statement of the Prophet, sallallaahu ‘alayhi wa sallam, to Mu‘aath ibn Jabal may Allaah be pleased with him, ‘Inform them that they have to pay an obligatory charity that is taken from their rich to be given to their poor.’ [Al-Bukhari and Muslim]. This is also because Zakat is obligatory so as to be a source of assistance to the poor. Hence, there should be a considerable limit of wealth so as to achieve such assistance. The considerable limit of wealth in such a condition is to own a Nisab that is free from debt.”

The limit of wealth that prevents one from taking Zakat is owning what is sufficient for fulfilling one’s needs, whether it has reached the Nisab or not. Al-Khattaabi (may Allaah have mercy upon him) said about this, “Malik and Ash-Shafi‘i said: “There is no specified limit for wealth, but what counts is the financial capability of a person. So, if a person owns what suffices his needs, it is unlawful for him to take charity and, if he becomes in need, then it is lawful for him to take it.” Ash-Shafi‘i said: “A man who can earn his living may be rich by having only one dirham while another, who is too weak to earn his living and has many dependents to provide for, maybe poor despite having 1000 dirhams.”

On the other hand, Hanafi scholars hold that the same criterion should apply in both cases. This means that one who owns the Nisab is not permitted to receive Zakat because, by owning it, he is considered rich. However, the preponderant opinion is held by the majority of scholars. Therefore, you should know that you have to pay Zakat on your money as long as it has reached a Nisab and a full lunar year has lapsed on it. This also does not cancel the permissibility of taking from the Zakat money if you are entitled to receive it under the Shari‘ah.

Allah Knows best.


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Zakat on Debit Card Deposit?

Source: https://www.islamweb.net/emainpage/PrintFatwa.php?lang=E&Id=333268

Question:
Assalaamu alaykum wa rahmatullaah. I would like to ask regarding paying zakat on the money that a person has deposited from his own money in an Islamic bank in order use to use their covered card service. For example, the bank, before offering the covered card (debit card), requires from the client to give them 10,000 in cash, and they will keep it with them in a separate account (separate from the savings or current account) in order to grant the person the covered card. Upon the 10,000 cash given to the bank, they will set the maximum card limit to 7,500 that can be used. The bank said that this is sharia complaint as the person is using his own money that he has deposited and the bank then deducts the owed money from the person’s main bank account. The 10,000 cannot be withdrawn by the person unless he cancels the covered card program and hands them back the card. However, he can withdraw 7,500 from that card, which the bank will deduct 100% from the person’s main bank account. I would like to ask: does the person have to pay zakat on that money even though it is not in his full possession? If yes, then how should he calculate it? And would he have to pay for the past years, during which he did not know that he had to pay the zakat on such financial agreements? May Allaah reward you.

Answer:
All perfect praise be to Allah, The Lord of the worlds. I testify that there is none worthy of worship except Allah and that Muhammad, sallallahu ‘alayhi wa sallam, is His slave and Messenger.

You must pay zakat on those ten thousand if they reach the Nisaab (minimum amount liable for zakat which is equal to 85 grams of gold or 595 grams of silver) by themselves or in addition to other money or gold or silver or tradable items. The amount of zakat is 2.5%.

If you have not paid zakat on it the previous years, then you should do so now, because zakat is not waived by the fact that its time has passed. Also, the fact that the amount is mortgaged with the bank does not prevent one from the obligation of paying it. Zakat must be paid on the money that is subject to zakat, even if such money is mortgaged. So you should pay zakat on the mortgaged money as long as you have other money to pay from.

Ibn Qudaamah, may Allah have mercy upon him, said, “If a person mortgages cattle and a whole lunar year elapses while it is in the hands of a mortgagee, then it is obligatory on the person who mortgaged the cattle to pay the zakat as he is the complete owner, so if he can pay the zakat from other things, then it is an obligation.”

Also, Ibn Hazm said in Al-Muhalla, “If a person mortgages cattle, gold, silver, land that he cultivated, or palm trees that yielded fruit, and a whole lunar year elapses, then zakat must be paid on all this … because it is property that resulted from his property, and the obligatory zakat is a must on it as long as his property is not transferred to someone else [i.e. as long as he is still its owner].

An-Nawawi said, “If a person mortgages cattle or other zakat funds and a whole lunar year elapses, then there are two views for this: the adopted view – which is the view authoritatively asserted by the majority of the scholars – is that zakat must be paid on it because of fully owning the property. It was also said that there is a difference of opinion regarding it, like that regarding the usurped property, as the person (in this case) is not able to dispose of his property.”

Allah knows best.


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Zakat Real Estates and Rented Non-Agricultural Lands

RESOLUTION NO 2 (2/2)

CONCERNING, ZAKAT REAL ESTATES, AND RENTED NON AGRICULTURAL LANDS

The Council of the Islamic Fiqh Academy, during its second session, held in Jeddah (Kingdom of Saudi Arabia), from 10 to 16 Rabiul Thani 1406 H (22-28 December 1985);

Having looked into the studies presented about Zakat real estates and rented non- agricultural lands >>, and
After thorough and in-depth deliberations which covered the subject from its different aspects, it became evident that :

No clear statement is traced which levies Zakat on real estate and rented lands.

Similarly, no statement has been reported levying current Zakat on the yield of real estate and non-agricultural rented lands.

The Council RESOLVES :

No Zakat is levied on assets of the real estate and rented lands.

Zakat is due and payable on its yield, which is one-fourth of the one-tenth (2,5%), after the elapsing of one year period from the date of its actual receipt, if all other conditions are present and no impediments exist.

Verily, Allah is All-Knowing

Investment of Zakat Funds in Profit Generating Projects Without Attributing Individual Property Title to The Beneficiary.

Bismillah Arrahman Arrahim

Praise be to Allah, the Lord of the Universe, and Prayers and Blessings be upon Sayyidina Muhammad, the last of the Prophets, and upon his Family and his Companions

RESOLUTION NO 15 (3-3)

CONCERNING INVESTMENT OF ZAKAT FUNDS IN PROFIT GENERATING PROJECTS WITHOUT ATTRIBUTING INDIVIDUAL PROPERTY TITLE TO THE BENEFICIARY

The Council of the Islamic Fiqh Academy, holding its third session, in Amman, Hashemite Kingdom of Jordan, from to 13 Safar 1407 H (11 to 16 October 1986),

After reviewing the studies made on the issue of “Investment of Zakat funds in Profit generating projects without disbursing it to the individual beneficiary

After listening to the opinions of the members and experts on this subject;

RESOLVES

It is permissible, in principle, to put Zakat funds in investment projects which eventually lead to be owned by those who are deserving of Zakat, or which are under the control and administration of the entity which is responsible and has the jurisdiction over collecting and distributing Zakat, provided that it is done after satisfying the basic and immediate needs of the beneficiaries and with proper guarantees against loss.

Verily, Allah is All-Knowing 

Zakat on Pension Fund Withdrawal?

Question:

How do I calculate my pension fund withdrawal? Should I calculate 2.5% on my withdrawal amount or should I work out the zakaah on each year going back. What is the permissibility of the growth on the contributions?

Answer:

Since the pension in reference is mandatory and you do not have any control over the investments, then the income you receive from this plan will be halal for you to take. The final amount you receive will be counted as part of your salary including all extra amounts you receive upon leaving the company.

With regards to Zakāt on mandatory pension funds, you are neither obligated to pay Zakāt for the previous years nor upon receiving the money. There is no separate Zakāt for monies invested in a mandatory pension fund. At the end of your Zakāt year, the pension amount that you have withdrawn should be added to your assets and Zakāt should be calculated in accordance with that.


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What is the Ruling on Mal al-Dimar? [Shafi’i School]

Particularly to Shafi’i school, what is the ruling on money which is owner does not have possession of to benefit from; does one need to pay zakat on it?

Answer:

Perhaps what is being asked about is “mal al-dimar,” which is mal (wealth) that its owner is incapable to benefit from due to it not being in his possession. In Minhaj, Imam Nawawi mentioned it, “…and in the usurped, lost, and disputed, according to the relied-upon opinion [zakat is obligatory], and it is not obligatory to pay it until returned…” (See: Kanz al-Raghibin v. 1, p. 436-37)

If the zakatable wealth in the question is from what has been mentioned by Imam Nawawi here, then there is zakat with the mentioned detail. Imam Shafi’i also has a qawl qadim in regards to mal al-dimar, that zakat is not obligatory as there is no benefit from it for the owner when it is not in his possession and he is prevented from transacting with it. This is the Madhhab (school) of Imam Abu Hanifah and his two students and narrated from the Hanbalis too.

It is most prudent that one takes the first view; it is mufta bihi according to the Shafiyyah. And it is permissible to make taqlid of either.

And Allah knows best. Shafiifiqh.com Fatwa Dept.

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How to Calculate the Zakat While Paying an Installment Debt?

Someone got into a housing debt and have gold more than 85 grams. How shall he calculate zakat?

The answer:

He would have to give zakat only if the amount that remains after subtract the ‘total installment for a year’ from total wealth is more than the amount of nisab (85 grams of gold, or 595 grams of silver, or equal amount of money or commodities), and if he still have been holding that wealth for one lunar year. It is important that his total installment debt for a year, rather than the whole debt amount is subtracted from his wealth. Here is why:

It is a fact that debt is subtracted from wealth when total wealth and its zakat are calculated. Being paid in installments or at once does not change the fact that it is a “debt”. In the Qur’an, in the specific verse about the sharing of inheritance (an-Nisa 4:11), the wealth of the deceased and the shares of heirs are calculated after all of his debts are subtracted from his wealth. Considering this, you will need to pay zakat for every year (every haul), does, only the installment for that year is allowed to subtract because it is considered as needed in that year.

For this reasons, the total installment debt for a year must be subtracted from the wealth in order to calculate the zakat; thus zakat is 2.5% from that remaining balance.


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What are The Commodities That are Subject to Zakat?

How do we know if some article we hold is a commodity, so that we know whether it is subject to zakat or not?

All commodities, which are articles of trade or commerce are subject to zakat. It is not possible to count the commodities one by one. Any article that is bought in order to sell and make a profit is called “commodity” and it is subject to zakat as long as it’s Shari’ah compliant. Articles of garments, foodstuff, construction materials, etc. are only a few examples of such commodities.

An article must have the following two qualities to be called a commodity:

  1. It must be bought in order to be sold,
  2. The owner must have bought it aiming to make a profit.

If any of these two qualities is missing, it cannot be called “commodity” in Islamic jurisprudence.

For example, cars that are bought for personal use are not commodities and are not subject to zakat. If someone is a car-dealer and holds the same cars with the intention of selling, they would be articles of trade for him. Thus, being subject to zakat. Then, that person must calculate the 1/40th (2.5%) of their cost, which is the price he bought them for, and give out that amount as zakat.


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