I read a fatwa which says that if a person buys land for the purpose
of buying and selling, he has to pay zakaah on it. But what if someone
bought some land and had no intentionof selling it, but someone
suddenly came along whowanted to buy it, so he sold it because he was
pressured to do so. Does he have to pay zakaah on it? If so, how much
is the zakaah? And is it based onthe price he bought it for or the
price he sold it for? For example, he bought it for two hundred
thousand and sold it for two hundred and fifty thousand. What is the
zakaah on it?
Praise be to Allah.
If a person buys land withthe intention of trading init, then he has
to pay zakaah when one (hijri) year has passed since he acquired the
wealth with which he bought it.
The way in which zakaah is worked out is: the valueof the land should
be worked out at the end of the year, and one quarter of one tenth
(2.5%) should be given as zakaah. What matters is its value at the
time of paying zakaah, not its value at the time of purchase.
But if he bought land and did not intend to trade in it, then he
needed to sell it, or someone offered a good price so he sold it,
inthis case he does not haveto pay the zakaah on trade goods. But if
he sellsit then one year passes since he acquired the money, then he
has to pay zakaah as on the rest of his wealth.
Shaykh Ibn 'Uthaymeen (may Allah have mercy onhim) said: If a person
has some properties that he does not want to trade, but if he is given
a good price he will sell them, then they are not regarded as trade
goods, because he did not acquire them with the intention of trading.
If a person is offered a good price for something that he owns, in
most cases hewill sell it, even his house or car, and so on.
And he said: If he has a car that he is using, then he decides to sell
it, it is not regarded as being for trade, because in this casehe is
not selling it for the purpose of trade but because he no longer wants
it. Another exampleis if he has a piece of land that he bought to
build on it, then he decided to sell it and buy another piece of land,
so he offered it for sale, that is not regarded as trade because the
intention behind selling it in this case is not to make a profit;
rather it is because he no longer wants it.
End quote from ash-Sharhal-Mumti', 6/142
If a person has some land and is not sure whether he wants to keep it
or sellit, he does not have to pay zakaah until he definitely intends
to tradein it.
And Allah knows best.
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Monday, September 10, 2012
If he bought some land then sold it because he needed money, does he have to pay zakaah? ~{Details- http://bit.ly/ LxgK84}
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