Tuesday, October 9, 2012

Building more houses than are needed and paying zakaah on them

I have read in one hadeeth that if a man builds houses more than what
is required then onthe day of judgement hewill have to carry those
houses a burden on his back. I would like to know that if one pays
proper zakat of the extrahouses then still he has to burden those on
his back on the day of judgement.
Praise be to Allaah.
Firstly:
We do not know of this hadeeth to which you refer. The one who it is
proven will carry things on his back on the Day of Resurrection is the
one who took things unlawfully from others in this world, whether by
force or by stealth, or stealing booty from the battlefield before the
spoils of war were distributed.
It was narrated that Abu Hurayrah (may Allaah be pleased with him)
said: The Prophet (peace and blessings of Allaah be upon him) stood
before us and spoke about war booty and how serious the matter is. He
said,
"I should not like to see anyone amongst you on the Day of
Resurrection, carrying on his neck a sheep that will be bleating, or
carrying on his neck a horse that willbe neighing, saying: 'O
Messenger of Allaah! Help me!' and I will reply, 'I cannot do anything
for you, for I have conveyed Allaah's Message to you.' Nor should I
like to see a man carrying on his neck, a camel that will be grunting,
saying: 'O Messenger of Allaah! Help me!' and I will reply, 'I cannot
do anything for you, for I have conveyed Allaah's Message to you.' Or
one carrying on his neck gold and silver, saying: 'O Messenger of
Allaah! Help me!' and I will reply, 'I cannot do anything for you, for
I have conveyed Allaah's Message to you.' or one carrying clothes that
willbe fluttering, saying: 'O Messenger of Allaah! Help me!' and I
will reply, 'I cannot do anything for you, for I have conveyed
Allaah's Message to you.'"
Narrated by al-Bukhaari,2908; Muslim, 1831
Secondly:
With regard to a Muslim building a house that is bigger than he and
his family need, Ibn Hazm said:
(The scholars) are agreed that it is obligatory for a man to build
that which will shelter him and his family from prying eyes and from
cold, heat and rain, or to buy a house or dwelling that will cover him
in the mannermentioned. And they agreed that it is permissible to seek
to earn more money and build a more spacious house so long as that is
done by halaal means and he fulfils all his duties towards Allaah, but
they differed as to whether that is makroohor not."
Maraatib al-Ijmaa', p. 155
What the Muslim should do is not to go to excess in matters of this
world, and to limit himself to what he needs, based onthe general
meaning of the verses which forbid extravagance, such as the verse in
which Allaahsays (interpretation of the meaning):
"And those who, when they spend, are neither extravagant nor
niggardly, but hold a medium (way) between those (extremes)"
[al-Furqaan 25:67]
Al-Tirmidhi (4283) narrated from Khabbaab(may Allaah be pleased with
him) that the Messenger of Allaah (peace and blessings of Allaah be
upon him) said: "A person will be rewarded for all his spending except
what he spends on building." Classed as saheeh by al-Albaani in Saheeh
al-Tirmidhi. Also narrated by al-Bukhaari (5672) from Khabbaab (may
Allaah be pleased with him). Ibn Hajar said: This is understood as
referring to what exceeds one's requirements.
This is also indicated by the way the Prophet (peace and blessings of
Allaah be upon him) was: he rose above preoccupation with this world,
and warned his ummah against indulging in worldly pleasures, as he
said in the hadeeth: "By Allaah, Ido not fear poverty for you but I
fear prosperity in this world as those who came before you became
prosperous, andyou start to compete with one another in worldly gains,
as they did, then you will be destroyed as they were."
Narrated by al-Bukhaari,3158; Muslim, 2961.
Thirdly:
There is no zakaah due on the houses that a Muslim builds for his
family or children, even if their value rises. And houses that he
builds to rent them out are not subject to zakaah themselves, rather
zakaah is due on the rent if it reaches the nisaab and one whole hijri
year has passed. Houses that he builds in order to sell them are
subject to zakaah, because they are a kind of trade goods, so after
one year has passed he should calculate their value and pay zakaah
onthem, one-quarter of one-tenth of the total value.

And Allaah knows best.

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