Forgotten pillar of islam on TTI

[abou haytam]

Salam o alikom

I am concerned by some issues of zakat those days. so i come across some situations i found on islam-qa.com, i would like to share them with you brothers and sisters in order to remember me befor you about this great 4th pillar. here we go.

PS: i give this name to this thread cuz i didn t see tti members questioning or bring up this subject.


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Is there any zakah to be paid on a student grant?​

Question:

Assalamualaikum wr. wbr.
First of all may I introduce my self, I am Desrial from *!*!*!, and now I am studying in *!*!*!. I have one question to you. Would you please tell me, how about my obligatory to pay zakat, since that I am the student, and I have no salary. But I have scholarship from Govt. of Japan. Is it necessary to pay zakat or not?
Thank you fery much for your kindly help and attention.

Answer:

Praise be to Allaah.

Zakaah is obligatory on four kinds of wealth: agricultural produce (grains, fruits, etc.); freely-grazing livestock and cattle; gold and silver (and their equivalents in modern currencies and bank-notes) – the zakaah on which is 2.5%; and trade goods.

Seeing that the money you have is in the form of paper currency paid to you as a grant from the Japanese government, the easiest way for you with regard to paying zakaah in this case is: wait until after one hijri year has passed, then check your bank and pay 2.5% (twenty-five out of every thousand) from whatever you have. But if you are living hand to mouth, as it were (i.e., spending it all straightaway), and you do not have enough left to reach the level of the nisaab, and a year has passed, then you are not obliged to pay zakaah in this case. And Allaah knows best.

.

Islam Q&A
Sheikh Muhammed Salih Al-Munajjid

http://www.islam-qa.com/index.php?ref=1119&ln=eng&txt=زكاة

 

[abou haytam]

Can taxes be counted as part of zakaat?​

Question:

Is it permissible for a person to use part of his zakaat to pay the taxes he is obliged to pay?

Answer:

Praise be to Allaah.

It is not permissible for the taxes which people pay on their wealth to be counted as part of the zakaat which they are obliged to pay. The obligatory zakaat must be paid separately and spent in the ways prescribed by Allaah in the aayah (interpretation of the meaning): “Al-sadaqaat (here it means zakaat) are only for the fuqara’ (poor) and al-masaakeen (the poor) and those employed to collect (the funds); and to attract the hearts of those who have been inclined (towards Islam); and to free the captives; and for those in debt; and for Allaah’s Cause (i.e., for those fighting in the holy battles), and for the wayfarer (a traveller who is cut off from everything)…” [al-Tawbah 9:60]. And Allaah knows best.


Fataawa al-Lajnah al-Daa’imah, 9/285

http://www.islam-qa.com/index.php?ref=2447&ln=eng&txt=زكاة

 

[abou haytam]

Zakaah on gold that is intended for use​

Question:

I would like to request you to explain to me and my brothers about the matter of zakaah on gold or gold and silver jewellery that is intended for use, not for buying and selling. Some people say that there is no zakaah on gold that is intended for wearing, and others say that there is zakaah on all gold, whether it is for use or for trading, and that the ahaadeeth which say that there is zakaah on gold that is intended for use are stronger than the ahaadeeth which say that there is no zakaah on it. I hope that you will answer this query.

Answer:

Praise be to Allaah.

The scholars are agreed that zakaah is obligatory on gold and silver jewellery if it is a kind of adornment that it is haraam to use, or if it is prepared for trading etc. But if it is a permissible kind of jewellery that is intended to be used or loaned, such as a silver ring or women’s jewellery, or things that it is permitted to use to adorn weapons, then there is a difference of scholarly opinion as to whether zakaah is obligatory on these things. Some scholars say that zakaah is obligatory on them because they are included in the general meaning of the aayah (interpretation of the meaning):

“And those who hoard up gold and silver (Al‑Kanz: the money, the Zakaah of which has not been paid) and spend them not in the way of Allaah, announce unto them a painful torment” [al-Tawbah 9:34]

Al-Qurtubi said, in his tafseer of this aayah: “Ibn ‘Umar explained the meaning of this in Saheeh al-Bukhaari, when a Bedouin said to him, ‘Tell me about the aayah (interpreation of the meaning), “And those who hoard up gold and silver.”’ Ibn ‘Umar said: ‘(It means) the one who stockpiles them and does not pay zakaah on them – woe to him. This was before (the order to pay) zakaah on them was revealed, and when it was revealed, Allaah made it a means of purification of wealth.’” (Narrated by al-Bukhaari, 2/111, ta’leeqan; 5/204, also ta’leeqan. Ibn Maajah, 1/569-570, no. 1787. Al-Bayhaqi, 4/82).

Other ahaadeeth also imply this, such as the hadeeth narrated by Abu Dawood, al-Nasaa’i and al-Tirmidhi from ‘Amr ibn Shu’ayb from his father from his grandfather, (who said) that a woman came to the Prophet (peace and blessings of Allaah be upon him) with her daughter, on whose hands were two heavy bracelets of gold. He said to her, “Do you pay zakaah on these?” She said, “No.” He said, “Would you like Allaah to replace them for you with bracelets of fire on the Day of Resurrection?” So she took them off and gave them to the Prophet (peace and blessings of Allaah be upon him) and said, ‘These are for Allaah and His Messenger.’”

(Narrated by Ahmad, 2/178, 204, 208; Abu Dawood, 2/212, no. 1563; al-Tirmidhi, 3/29-30, no. 637; al-Nasaa’i, 5/38, no. 2479, 2480; al-Daaraqutni, 2/112; Ibn Abi Shaybah, 3/153; Abu ‘Ubayd in al-Amwaal, p. 537, no. 1260 (Harraas edn.); al-Bayhaqi, 4/140).

It was narrated by Abu Dawood in his Sunan, al-Haakim in al-Mustadrak and al-Daaraqutni and al-Bayhaqi in their Sunans that ‘Aa’ishah (may Allaah be pleased with her) said: “The Messenger of Allaah (peace and blessings of Allaah be upon him) entered upon me and saw on my hands rings of silver. He said, ‘What is this, O ‘Aa’ishah?’ I said, ‘I had them made so that I could adorn myself for you, O Messenger of Allaah.’ He said, ‘Do you pay zakaah on them?’ I said, ‘No’ or ‘Whatever Allaah wills.’ He said, ‘This would be enough to take you to Hell.’”

(Narrated by Abu Dawood, 2/213, no. 1565 – this version was narrated by him; al-Daaraqutni, 2/105, 106; al-Haakim, 1/389-390; al-Bayhaqi, 4/139)

It was narrated that Umm Salamah said: “I used to wear jewellery of gold, and I said, ‘O Messenger of Allaah, is this kanz (money, the Zakaah of which has not been paid, cf. al-Tawbah 9:34)?’ He said, ‘Whatever reaches the amount at which zakaah is obligatory, then pay the zakaah. Then it will not be kanz.’”

(Narrated by Abu Dawood, 2/212-213, no. 1564; al-Daaraqutni, 2/105; al-Haakim, 1/390; al-Bayhaqi, 4/83, 140).

Some scholars said that there was no zakaah to be paid on it, because by using it in a permissible manner, it becomes like clothing and other items, and is not like a product that has a commercial value. They responded to the general meaning of the aayah [al-Tawbah 9:34] by pointing out that the practice of the Sahaabah excluded gold that was used for adornment. It was reported with a saheeh isnaad that ‘Aa’ishah (may Allaah be pleased with her) used to look after her brother’s orphaned daughters in her apartment. They had gold jewellery but she did not pay zakaah on it. Al-Daaraqutni narrated with his isnaad from Asmaa’ bint Abi Bakr (may Allaah be pleased with her) that she used to adorn her daughters with gold jewellery, and she did not pay zakaah on it, (although its value was) nearly fifty thousand. (Sunan al-Daaraqutni, 2/109)

Abu ‘Ubayd said in his book al-Amwaal: “Ismaa’eel ibn Ibraaheem told us, from Ayyoob, from Naafi’, from Ibn ‘Umar, that he would marry one of his his daughters for ten thousand (as mahr), of which he would make her jewellery four thousand, and they did not pay zakaah on that.” (A similar report was narrated by al-Daaraqutni, 2/109; Abu ‘Ubayd in al-Amwaal, p. 540, no. 1276 (Harraas edn.); al-Bayhaqi, 4/138).

He said: “Ismaa’eel ibn Ibraaheem told us, from Ayyoob, from ‘Amr ibn Deenaar, who said: ‘Jaabir ibn ‘Abd-Allaah was asked, “Is there any zakaah on jewellery?” He said, “No.” He was asked, ‘What if it reaches (the amount of) ten thousand?” He said, “That is a lot.”’” (Narrated by al-Shaafa'i in al-Musnad (edited by al-Sindi), 1/228, no. 629; al-Umm, 2/41; also narrated by Abu ‘Ubayd in al-Amwaal, p. 540, no. 1275 (Harraas edn.); al-Bayhaqi, 4/138).

The more correct of these two views is the view that zakaah on jewellery is obligatory, if it reaches the nisaab (amount of wealth at which zakaah becomes obligatory), or if the owner possesses enough gold, silver and trade goods to complete the nisaab – because of the general meaning of the ahaadeeth which state that zakaah is obligatory on gold and silver. There is no saheeh hadeeth which exclused it (jewellery) as far as we know. The ahaadeeth of ‘Abd-Allaah ibn ‘Amr ibn al-‘Aas, ‘Aa’ishah and Umm Salamah quoted above mention this, and these are jayyid ahaadeeth with no valid criticism concerning their isnaads, so we should act upon them. Although al-Tirmidhi and Ibn Hazm regarded them as da’eef (weak), there is no solid evidence for this, as far as we know. We should note that al-Tirmidhi (may Allaah have mercy on him) may be excused for what he said, because he quoted the hadeeth of ‘Abd-Allaah ibn ‘Amr with a da’eef isnaad, but it was narrated by Abu Dawood, al-Nasaa’i and Ibn Maajah with a different, saheeh, isnaad, which al-Tirmidhi probably did not discover.

And Allaah is the source of strength. May Allaah bless our Prophet Muhammad and his family and companions, and grant them peace.


Standing Committee on Academic Research and Issuing Fatwas, 9/264

http://www.islam-qa.com/index.php?ref=19901&ln=eng&txt=زكاة

 

[abou haytam]

Can a woman who owns jewellery be given anything from zakaah?
​

Question:

A woman has asked for zakaah. She has no source of income, but she has some gold with which she adorns herself. Is it permissible to give her anything from the zakaah? Or should she be told to sell her gold?

Answer:

Praise be to Allaah.

If a woman owns jewellery, that does not make her rich if she does not own anything else, even if the jewellery is made of gold or silver and its value is equivalent to the nisaab of zakaah. She is still poor and is thus entitled to take zakaah. This was the view stated by the Shaafa’is and Hanbalis.

The Shaafa’i faqeeh al-Ramli said: “If a woman’s jewellery befits her and she needs it to adorn herself regularly, this does not mean that she is not poor.” (Nihaayat al-Muhtaaj li’l-Ramli, 6/150). In other words, she is still poor and is entitled to take zakaah because she is regarded as poor.

In Kashf al-Qinaa’, which discusses Hanbali fiqh, it says: “… or if she has jewellery which she needs to wear, this does not prevent her from taking zakaah.” (Kashf al-Qinaa’, 1/587). In other words, she is still poor and is entitled to take zakaah, despite the fact that she owns jewellery, because she needs it to adorn herself. Therefore the description of being poor still applies to her.

And Allaah knows best.


Al-Mufassal li Ahkaam al-Mar’ah by Dr. ‘Abd al-Kareem Zaydaan, 1/421

http://www.islam-qa.com/index.php?ref=8870&ln=eng&txt=زكاة

 

[abou haytam]

Is zakaah required of one who is in debt?​

Question:

If a person is in debt that is equal to all the wealth that he has in his possession, or more than that, is he required to pay zakaah on the money that he does have, if one year has passed since he acquired it?.

Answer:

Praise be to Allaah.

The one who has any “zakatable” wealth must pay zakaah on it, when one year has passed since he acquired it, even if he has debts, according to the more correct of the two scholarly opinions, because of the general meaning of the evidence that zakaah is obligatory upon everyone who has wealth on which zakaah is due, if one year has passed since he acquired it, even if he has debts.

The Prophet (peace and blessings of Allaah be upon him) used to command his agents to take zakaah from those who owed zakaah, and he did not tell them to ask them whether they had any debts or not. If having debts meant that one did not have to pay zakaah, the Prophet (peace and blessings of Allaah be upon him) would have told his agents to ask the people who were paying zakaah whether they had any debts or not.

Majmoo’ Fataawa wa Maqalaat Mutanawwi’ah by Shaykh ‘Abd al-‘Azeez ibn Baaz, 14/51

“… But if you pay off the debt with cash in hand before one year has passed, there is no zakaah on what you have spent to pay off the debt; rather zakaah is due on whatever is left, if one year has passed and it reaches the minimum threshold (nisaab).”

Shaykh Ibn ‘Uthaymeen (may Allaah have mercy on him) was asked about a person who has capital worth two hundred thousand riyals and owed a debt of two hundred thousand riyals, and was paying it off at a rate of ten thousand per year – does he have to pay zakaah?

He replied:

Yes, he has to pay zakaah on the wealth that is in his possession, because the texts which speak of the obligation of zakaah are general in meaning, and do not make any exceptions. No exception is made for one who is in debt. As the texts are general in meaning, we have to follow them.

Moreover, zakaah must be paid on wealth, because Allaah says (interpretation of the meaning):

“Take Sadaqah (alms) from their wealth in order to purify them and sanctify them with it, and invoke Allaah for them. Verily, your invocations are a source of security for them; and Allaah is All-Hearer, All-Knower”

[al-Tawbah 9:103]

And according to the hadeeth narrated by al-Bukhaari from Ibn ‘Abbaas (may Allaah be pleased with him), when the Prophet (peace and blessings of Allaah be upon him) sent Mu’aadh to Yemen he said: “Tell them that Allaah has enjoined zakaah from their wealth.” So Allaah and His Messenger have stated that zakaah has to do with the wealth itself, not with the person’s obligations towards others; debt has to do with personal obligations towards others. They are two separate issues, so zakaah must be paid from the wealth that is in your possession, and the debt is a personal responsibility.

Each person must fear his Lord and pay zakaah on the wealth that is in his possession, and seek the help of Allaah to pay the debt that he owes, saying: O Allaah, pay off the debt that I owe and make me independent of means.

Perhaps if he pays zakaah on the wealth that is in his possession, that may be a means of bringing blessing to this wealth and causing it to grow, so that he may discharge his duty of paying his debts. If he withholds zakaah, however, that may be a cause of his becoming poor, so that he always sees himself as being in need and not able to pay zakaah. Praise Allaah if He makes you one of the givers and not one of the takers.

Majmoo’ Fataawa al-Shaykh Ibn ‘Uthaymeen, 18/39

And he said, in another Fatwa on the same issue (18/38):

If the debt is currently due and repayment is being demanded, and he wants to pay it off, in that case we say: Pay off the debt, then pay zakaah on what is left after that if it reaches the minimum threshold at which zakaah becomes due.

That is supported by what the Hanbali fuqaha’ said about zakaat al-fitr. They said that being in debt does not mean that one should not pay it.

Similarly, it is reported that ‘Uthmaan (may Allaah be pleased with him) used to say during the month of Ramadaan: “This is the month of your zakaah, but whoever is in debt, let him pay it off.” This indicates that if a debt is currently due to be paid, and the debtor wants to pay it off, that should take precedence over zakaah. But if a debt is not yet due to be paid off, the zakaah must still be paid, beyond a doubt.

And it says in Fataawa al-Lajnah al-Daa’imah, 9/189:

The correct scholarly view is that being in debt does not mean that zakaah should not be paid. The Prophet (peace and blessings of Allaah be upon him) used to send his agents to collect the zakaah, and he did not tell them to see if the people were in debt or not.

Islam Q&A

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[abou haytam]

A student is asking about zakaah; her income is $400 per month​

Question:

I am a student who wishes to know when Zakat is due? If I make about $200-$300 dollars every two weeks do I have to pay Zakat? What is the minimum money a person has to make in order to pay Zakat? Where do I give Zakat to? Does it have to be to a muslim/ and please give me examples of places in Kaafir countries where I can give Zakat (ex. mosques)

Answer:

Praise be to Allaah.

1- The time when zakaah is due is when you have kept the money for a whole year. Then zakaah becomes due, and the rate is 2.5%. This amount that you get every two weeks is not subject to zakaah unless you have kept it for a whole year, or it is income from a business for which the time has come to pay zakaah.

2- Pay your zakaah in the country in which you live, if there are poor people there. If there is another country where there are poor people who are in greater need than people in your country, then it is OK to give your zakaah to them.

3- Yes, the one who receives the zakaah has to be Muslim, except in the case where there is a kaafir whom we want to encourage to become Muslim. If we think that that is most likely to encourage him to become Muslim, it is permissible for us to give zakaah to him.

Shaykh Sa’d al-Humayd.

This applies if that kaafir has a high status among the kuffaar and we hope that by his becoming Muslim his people, tribe or clan will also become Muslims.

The lowest amount at which zakaah becomes due varies according to the type of wealth, whether it is gold or silver. You are undoubtedly asking about an amount of currency such as dollars. It appears that the amount mentioned in the question will be subject to zakaah if it is kept for a whole year, because it is more than the nisaab. For more information on the nisaab see Questions #2795 and 64.

Islam Q&A
Sheikh Muhammed Salih Al-Munajjid

http://www.islam-qa.com/index.php?ref=11576&ln=eng&txt=زكاة

 

[abou haytam]

What is the nisaab on paper money?​

Question:

How much is the nisaab for zakaah with regard to paper money? Is it possible to calculate the nisaab for money on the basis of the nisaab for gold or silver?

Answer:

Praise be to Allaah.

The value of the nisaab [the amount that determines whether zakaah is obligatory; anyone who has more than this is obliged to pay zakaah] for dollars or other currencies is whatever is equivalent to the value of 20 mithqaals [a unit of measurement] of gold or 140 mithqaals of silver at the time when the zakaah is owed. It should be based on whichever of the two works out better for the poor, because the prices of gold and silver vary from time to time and from country to country (Fataawa al-Lajnah al-Daa’imah, 9/257) and because this will be more beneficial to the poor. (Fataawa al-Lajnah al-Daa’imah, 9/254).

Given that currently the price of silver is lower than the price of gold, the nisaab should be based on the price of silver, so if a person’s wealth (in paper money) reaches the nisaab on that basis, he has to pay zakaah. The nisaab for silver is roughly equivalent to 595 grams of silver, so the one who has wealth has to pay 2.5% or 25 out of every 1,000 that he has in currency, after one year has passed). And Allaah knows best.

Islam Q&A
Sheikh Muhammed Salih Al-Munajjid

http://www.islam-qa.com/index.php?ref=2795&ln=eng

 

[abou haytam]

Minimum amount (nisaab) required to pay zakat in dollars​

Question:

I live in the united states. How much is Nesab el-Zakat in US dollars?

Answer:

Nisaab ul-Zakat for naqd (gold and silver) is defined as the minimum amount of naqd specified by shari’a below which one is not required to pay zakat, whereas if one’s wealth exceeds it then zakat becomes incumbent.

And it is known that zakat ul-maal (wealth) in shari’a is required for the two types of naqd—gold and silver—and what serves their function in modern times (commonly referred to as cash), whether it is dollars or riyals or pounds or otherwise.

Nisaab for gold as our Prophet (peace be upon him) has informed us (and for currencies made from gold) is 20 mithqaalan, a measure which is equivalent to 85 grams of pure gold (1 mithqaal = 4.25 grams). It becomes incumbent upon anyone who owns such an amount in any form to pay zakat on it in the amount of 2.5%.

Nisaab for silver and currencies made from silver is 200 dirhams, which is equivalent to 595 grams of pure silver (1 dirham = 2.975 grams). Likewise, it becomes incumbent upon anyone who owns such an amount in any form to pay zakat on it in the amount of 2.5%.

It is well known that there is a noticeable disparity between the value of nisaab for gold and that of silver in our times. The best and most conservative for a poor person is to assess how many dollars he has that have been in his possession for a complete lunar year (Hijri, which is 354 days). If the amount reaches the value of nisaab for silver or more, then he should pay from it for every 1000 dollars, 25 dollars (i.e., 2.5%) to be spent in the prescribed benficiaries as specified by shari’ah, and we ask Allah to aid us and help us succeed in haqq il-maal wa salla allahu ala nabiyyana muha

Note you can find the current price of gold and silver via the internet, such as on the following page:

<http://www.tradeshop.com/cgi-bin/cgiwrap/raylc/aipm/gold.cgi>


Islam Q&A
Sheikh Muhammed Salih Al-Munajjid

http://www.islam-qa.com/index.php?ref=64&ln=eng