Zakah on gold worn by women as adornment
Fatwa no. 1797
Q: I would like Your Eminences to tell me, and other Muslims, about the Zakah (obligatory charity) that is due on gold or on gold and silver jewelry that is intended for use as an adornment and not as an investment. Some people say there is no Zakah due on gold and silver jewelry that is intended for wearing, while others say that Zakah is due on it whether it is intended for adornment or investment. They claim that the Hadith stipulating the obligation of Zakah on it when it is intended for wearing are stronger than those stipulating there is no due Zakah. Please send me a clear written Fatwa, and may Allah reward you for serving Islam and Muslims.
A: Muslim scholars agree that it is obligatory to pay Zakah on gold and silver jewelry that is not to be worn, or is bought for trading or similar purposes, but if it is jewelry that can be used for adornment or lending, such as silver rings or women’s jewelry, or what is permitted from decorative weapons, the scholars have differed
|
| (Part No. 9; Page No. 262) |
|
over the obligation of Zakah on this. Some scholars believe that Zakah is obligatory on the jewelry used for adornment, as Allah says:  And those who hoard up gold and silver [Al-Kanz: the money, the Zakât of which has not been paid] and spend them not in the Way of Allâh, announce unto them a painful torment. Al-Qurtuby said in his explanation of this Ayah (verse): "Ibn `Umar explained the meaning of this Ayah in the Sahih Book of Hadith by Al-Bukhari, when a Bedouin once asked him about these Words of Allah: And those who hoard up gold and silver [Al-Kanz: the money, the Zakât of which has not been paid] Ibn `Umar said: 'The Ayah warns those who hoard up gold and silver without paying Zakah on them, as this was before (the Ayah about) Zakah was revealed, and when it was revealed it was revealed by Allah to purify wealth.'" Many Hadith are related stipulating the same, such as the Hadith related by Abu Dawud, Al-Nasa'y, and Al-Tirmidhy, from `Amr ibn Shu`ayb who related it from his father who narrated it from his grandfather saying,  A woman came to the Messenger of Allah (peace be upon him) and her daughter was with her. On her daughter’s wrist were two heavy gold bracelets. He said to her, "Have you paid the Zakah on them?" She said, "No." He then said, "Will you be at ease if Allah puts two bracelets of fire round your wrists on the Day of Resurrection?" She took them off and gave them to the Prophet (peace be upon him) saying, "They are for Allah and His Messenger." It was also related by Abu Dawud in his "Sunan", Al-Hakim in his
|
| (Part No. 9; Page No. 263) |
|
"Mustadrak", Al-Daraqutny, and Al-Bayhaqy in their "Sunan", on the authority of `Aishah (may Allah be pleased with her) who said: The Messenger of Allah (peace be upon him) came to me and saw me wearing silver rings, and he asked, "What is this, `Aishah?" I replied, "I made them to adorn myself for you, O Messenger of Allah!" He said, "Have you paid the Zakah on them?" I said, "No," or "Whatever Allah wishes." Then he said, "He will make you pay for them in the Fire." Also it was related that Um Salamah said: I used to wear gold ornaments. I asked, "O Messenger of Allah! Is this a treasure?" He replied, "Anything that reaches an amount on which Zakah is payable is not a treasure when the Zakah is paid." Some of the scholars say that no Zakah is payable on jewelry used for adornment, because it is like clothing or goods that are permissible to be used and not for investment. Regarding the aforementioned Ayah, they say that it is a special case confined to the Prophet's Sahabah (Companions, may Allah be pleased with them). It was authentically related that `Aishah (may Allah be pleased with her) used to look after the orphaned daughters of her brother in her house. They had jewelry that they wore, and she did not pay Zakah on this jewelry. Al-Daraqutny also narrated with the same Sanad (chain of narrators) that Asma' bint Abu Bakr (may Allah be pleased with her) used to put gold objects on her daughters valued at 50,000 dirhams, but she did not pay Zakah on
|
| (Part No. 9; Page No. 264) |
|
them. Abu `Ubayd said in his book "Al-'Amwal": Isma`il ibn Ibrahim narrated from Ayyub, from Nafi`, that Ibn `Umar married his daughters to their suitors for (a Mahr [dowry] of) 10,000 dinars, including 4,000 dinars for jewelry. They did not pay any Zakah on that.” Abu `Ubayd said that Isma`il ibn Ibrahim related from Ayyub that `Amr ibn Dinar said, "When Jabir Ibn `Abdullah was asked, 'Is there Zakah on jewelry?' He replied, 'No,' He was asked, 'Even if its value is 10,000 dinars?' Jabir said, 'Even if its value is more than that'." In response to the Hadith on the obligation to pay Zakah on jewelry, some scholars say their Sanad are Da`if (weak) and they cannot be used. Ibn Hazm said in his book "Al-Muhalla": "These are weak narrations that should not be used." Al-Tirmidhy after narrating the aforementioned Hadith reported by `Amr ibn Shu`ayb from his father from his grandfather said, "There is nothing in this chapter authentically related from the Prophet (peace be upon him).” Ibn Badr Al-Mawsily commented in his book "Al-Mughny 'an Al-Hifzh wal-Kitab", that there was nothing authentic in the chapter on "Zakah on Jewelry" and said, "There is nothing in this chapter authentically related from the Prophet (peace be upon him)." Al-Shawkany commented in his book "Al-Sayl Al-Jarrar"
|
| (Part No. 9; Page No. 265) |
|
on "Al-Mughny 'an Al-Hifzh wal-Kitab" saying: "No authentic Hadith was related about Zakah on jewelry." Some scholars believe the Zakah is obligatory if it is not used.
The preferred opinion on this issue is that Zakah is obligatory on jewelry if it reaches the Nisab (the minimum amount on which Zakah is due), or it does so when combined with other silver, gold, or other commercial commodities that one owns, as many Hadith show a general obligation to pay Zakah on silver and gold and there is nothing specific as far as we know. Also, the aforementioned Hadith narrated by `Abdullah Ibn `Amr Ibn Al-`As, `Aishah, and Um Salamah have good Sanads and sound texts, so they should be acted upon.
As for Al-Tirmidhy, Ibn Hazm, and Al-Mawsily deeming these Hadith as Da'if (weak), this is incorrect as far as we know. Al-Tirmidhy (may Allah be merciful to him) is excused for his opinion, because he reported the Hadith narrated by `Abdullah Ibn `Amr through weak sources, but Abu Dawud, Al-Nasa'y, and Ibn Majah related another version of this Hadith that was authentic. Maybe Al-Tirmidhy did not see this version.
May Allah grant us success. May peace and blessings be upon our Prophet Muhammad, his family, and Companions.
The Permanent Committee for Scholarly Research and Ifta'
|
No comments:
Post a Comment