Az-Zakah is Obligatory on the Wealth of the orphan and the Insane.
Question: Is Az-Zakah obligatory on the wealth of the orphan and the insane?
Answer:
Az-Zakah is obligatory on the wealth of each of them, if the person is a free Muslim who has complete ownership of his wealth. This is due to what Ad-Daraqutni narrated that was reported as a statement of the Prophet (Sallallaahu alayhi wasallam): “Whoever is made the guardian over the wealth of an orphan, let him do business with it and he should not leave it to be devoured by chrity i.e, Az-Zakah).” [Ad-Daraqutni 2:109 no. 1951.]
This is due to what Malik narrated in Al-Muwatta’ from ‘Abdur-Rahman bin Al-Qasim from his father, that he said:
“A’ishah used to keep me and my brother as two orphans in her appartment, and she used to pay Az-Zakah from our wealth.”
The view that Az-Zakah is obligatory upon the wealth of each of them (the orphan and the insane person)was held by ‘Ali, Ibn ‘Umar, Jabir, A’shah and Al-Hasan bin ‘Ali. Ibn Al-Mundhir related this from them.
Permanent Committee for Research and Verdicts
Fatawa Islamiyah, DARUSSALAM, Vol.3, Page Nos. 157-158
Az-Zakah on Wealth that is kept for Marriage 1.
Question:
A man saved some money for his son over a number of years so that the son can get married. Is he obliged to pay any Zakah on this wealth of his? This is in consideration of the fact that he does not intend anything with this money other than getting his son married.
Answer:
He must pay Az-Zakah on all of the money that he saved if it was in his possesion for a year, even if he intended to use this money to get his son married. This is because as long as the money was with him and it was considered his possession, and he must pay its Zakah every year until it is used for the marriage. This is due to the generality of the evidences from the Book and the Sunnah that prove this.
Shaykh `Abdul-`Azeez Bin Baz
Fatawa Islamiyah, DARUSSALAM, Vol.3, Page No. 159
Az-Zakah on Wealth that is kept for Marriage 2.
Question:
I am currently an employee in one of the governmental departments and I receive approximately four thousand riyals per month. In approximately one year, I collected seventeen thousand riyals. This money is currently in the bank and it does not increase (i.e., from interest or investment). I am ready to spend in the month of Shawwal – if Allaah wills – as I am getting married. I am going to take a loan that is many times more than this amount to cover the expenses of the wedding. My question is: Am I obliged to pay any Zakah on this seventeen thousand? This is while considering that it has been in my possession for about a year. If there is Az-Zakah due on it, how much is it?
Answer:
Az-Zakah is due on the mentioned sum of money if it was possessed for a year, even if it was kept for marriage. The amount of Zakah that is due is one fortieth, i.e., 2.5%. And Allaah knows best.
Shaykh `Abdul-`Azeez Bin Baz
Fatawa Islamiyah, DARUSSALAM, Vol.3, Page Nos. 159/160
Az-Zakah is due on whatever wealth is owned a year and reaches the minimum amount.
Question:
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.
Answer:
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
Paying Az-Zakah in advance is permissible.
Question:
I am an employee who receives a salary, and every month I save a portion of it. There is not a specific percentage for the savings, so how do I pay the Zakah of this wealth?
Answer:
What is obligatory upon you is to pay the Zakah of every amount that you save if you have possessed it for a year. If you pay the Zakah of all of the money when a year has passed on the first amount that was saved, then that is sufficient. In this way, the Zakah of the latter sums is considered as being paid in advance before the completion of their year. And paying Az-Zakah in advance before it is possessed for a complete year is permissible, especially if there is a need for it or a religious benefit in that.
Shaykh `Abdul-`Azeez Bin Baz
Fatawa Islamiyah, DARUSSALAM, Vol.3, Page No. 165
Land that is kept for building does not require paying of Az-Zakah
Question:
I have a piece of land that I bought with the intent of building on it. Then after a period of time, I needed to sell it, so I sold it. Is there any Zakah due on me for the period of time that I was not trying to sell it.
Answer:
If the matter is as you mentioned in the question, there is no Zakah due on you for whatever time passed before the sale. This is because the reason that necessitates the the payment of Az-Zakah is not present, which is the intent to sell, and you were not intending to sell it.
Shaykh `Abdul-`Azeez Bin Baz
Fatawa Islamiyah, DARUSSALAM, Vol.3, Page No. 166
The ruling of Az-Zakah on Jewellery, Diamonds and precious Stones
Question:
I am a married woman and I am almost 30 years old. For approximately 24 years I have had pieces of gold that are not kept for business. They are only for beautification and some times I sell them. Then I add some money to their price and buy better jewelry. Now I have some jewellery and I have herd that it is obligatory to pay Az-Zakah on gold that is kept for beautification. Thus, I would like a clarification of this matter for myself. If Az-Zakah was obligatory on me what is the ruling of the past period of time during which I did not pay Az-Zakah on the jewellery? This is while keeping in mind that I am not able to estimate the amount of gold that I had during all of these long years.
Answer:
Az-Zakah is obligatory on you from the time you knew it was obligatory on you to pay Az-Zakah on jewellery. Whatever occurred before that in the previous years before your knowledge of this, then you do not have to pay Az-Zakah for it. This is because the Islamic laws only become obligatory after they are known. The amount that must be paid is 2.5% if the jewellery reaches the minimum amount required for Az-Zakah, which is 20 Mithqal (gold). This is equivalent to 11.5 Saudi Junayhs. If gold jewellery reaches this amount or more, then Az-Zakah must be paid on it. For every 1000 Junayhs, 25 Junayhs is due. In reference to silver, its minimum amount before Az-Zakah is due is 140 Mithqal, which is equivalent to it of monetary currency. The amount that must be paid is 2.5% just like with gold.
In reference to diamond and other stones, no Zakah is due on them if they are for wearing. However, if they are for sale, then Az-Zakah is obligatory on them according to their value in gold and silver if they reach the minimum amount required for Az-Zakah. And Allaah is the Giver of success.
Shaykh `Abdul-`Azeez Bin Baz
Fatawa Islamiyah, DARUSSALAM, Vol.3, Page Nos. 178/179
Az-Zakah on Jewellery is obligatory on its Owner
Question:
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?
Answer:
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 Allaah is the Giver of success.
Shaykh `Abdul-`Azeez Bin Baz
Fatawa Islamiyah, DARUSSALAM, Vol.3, Page Nos. 180/181
Is it Lawful to Give Charity on their Behalf
Question:
A number of years ago, I took a sum of one hundred Saudi Riyals from a number of my colleagues, after which, I travelled to another area and forgot those colleagues and they also forgot me. Now I do not know where they are, so what should I do with the sum of money which is my responsibility? Inform me and may Allah reward you with goodness.
Answer:
If the matter is as you have mentioned in your question, which is that you forgot the owners of the hundred (Riyals) then it is lawful for you to give charity on their behalf. Then if you remembered any of them you must give him his right, unless he approves of your having given it in charity on his behalf. In that case, you will be absolved from blame and you and them will be rewarded.
Shaykh `Abdul-`Azeez Bin Baz
Fatawa Islamiyah, volume 5 / page 27
Who is considered eligible to receive the Zakaat ?
It does not befit that the Zakaat be given to the one who does not utilize it for obedience to Allaah. For indeed Allaah 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
Translated by Aboo Haatim Muhammad Farooq
Is the Zakaat ul Fitr due on behalf of the unborn child?
‘Abdullaah bin Ahmad bin Hanbal said: I heard my father say:
‘Zakaat ul Fitr is to be given on behalf of the unborn child – if it is known of.’*
‘Abdullaah bin Ahmad bin Hanbal said: I heard my father say: Mu’tamir bin Sulaimaan At-Taymee narrated to us from Humaid from Bakr and Qataadah that ‘Uthmaan would give the Sadaqatul Fitr on behalf of the small child and the elder and the unborn child.
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*Note: There occurs a narration from Imaam Ahmad with this meaning mentioned by Aboo Dawood in Al-Masaa’il page 86, and Ibn Haani’ in Al-Masaa’il vol 1 page 111 number 550.
As for the madhab itself (the Hanbali madhab): then within it the Zakaat ul Fitr is not obligatory on behalf of the foetus, this is because there is no ruling upon it until it is born. However; it is recommended that it is given on its behalf if it is known to exist due to the practice of ‘Uthmaan (radhiyallaahu ‘anhu). See: Mukhtasir Al-Kharqee page 75 and Al-Hidaayah vol 1 page 75 and Al-Mughnee vol 3 page 99 and Al-Furoo’ vol 2 page 526 and Al-Qawaa’id of Ibn Rajab page 189 and Al-Insaaf vol 3 page 168 and Al-Mubdi’ vol 2 page 388.
Imaam Ahmad bin Hanbal
Masaa’il Al-Imaam Ahmad vol 2 pages 585-586
Translated by Aboo Haatim Muhammad Farooq
The particular group of people to whom the Zakaat ul Fitr is to be distributed to
The Scholars have differed concerning the issue of distributing the Zakaat ul Fitr, such that there are two sayings:
The first saying: That it is to be distributed amongst the eight types of individuals that have been mentioned by Allaah in Soorah At-Tawbah in His saying:
((Indeed the Sadaqaat (obligatory Zakaat) are for the poor and the destitute and those employed to collect (the funds); and for those whose hearts have inclined (towards Islaam), and to free the captives; and for those in debt, and in the Path of Allaah (the Mujahideen), and for the wayfarer: an obligation imposed by Allaah, and Allaah is All-Knower All-Wise.)) Soorah At-Tawbah: 60
This is a saying which is well-known from amongst the Shaafi’ee’s.
The second saying: Is that it is not to be distributed except amongst the poor and the destitute as occurs in the Hadeeth of Ibn ‘Abbaas which preceded in which there was the statement: ((a sustenance for the destitute))*.
Ibn Al-Qayyim (rahimahullaah) said: ((It was from his guidance (Sallalaahu ‘alaihi wa sallam) that he would specify those that were destitute for this particular Sadaqah, so he would not distribute it amongst the eight types of people – handful by handful. Nor did he command for that to be done that way, nor did any one of the companions do that, nor did those that came after them. Rather it is one of two sayings with us that it is impermissible to give it except to the destitute in particular.))
So this is the saying which is to be taken, except if you see dire need amongst someone from the other categories or an acceptable advantage by way of the Sharee’ah (to give it such), in which case it is to be given from this Sadaqah after it has been given to the poor and the destitute – in an ample portion. This is because it is a means of sustenance for them as has been established through that narration.
Here arises an issue which should be taken into consideration which is:
That it is permissible for one individual person to distribute his Zakaat to either one destitute person or to a number of them. Just as it is (allowed) for a group of people to give their fitrah to a single poor person so long as they are not committing an injustice in the right of the others who are present.
The second issue which is also recommended to pay attention to is that: It is impermissible to give it to those that it is impermissible to give the Zakaat to in accordance to that which we mentioned concerning the Zakaat of the types of wealth. And Allaah Knows best.
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*The full text of the Hadeeth:
((Allaah’s Messenger (Sallalaahu ‘alaihi wa sallam) ordered the giving of Zakaat ul Fitr as a purification for the fasting person from idle talk and obscenity, and as a sustenance for the poor. So whosoever gives it before the prayer (of ‘Eid) then it is an accepted Zakaat, and whosoever gives it after the prayer, then it is a Sadaqah (charity) from the Sadaqaat.))
Reported by Aboo Dawood in the book of Zakaat chapter: Zakaat ul Fitr; number 1609 and Ibn Maajah in the book of Zakaat chapter: Sadaqatul Fitr; number 1827and Ad-Daaraqutnee in the book of Zakaat ul Fitr number 1.
Shaykh Zayd al-Madkhalee
Al-Afnaan an-nadiyyah sharh mandhoomah as-subul as-sawiyyah le-Fiqh As-Sunan al-marwiyyah vol 3 pages 97-98
Translated by Aboo Haatim Muhammad Farooq
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