Fatwa on Zakah - Gold & Silver

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

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

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

he 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