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Saturday, July 5, 2014

Zakaath, - Dought&clear, - Zakaahon shares




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I work in the field of buying and selling Saudi shares, and the way I work is that I sell the share as soon as the price rises and I am able to make a profit, and I do not wait for reports about the companies’ profits.
My question is: I bought some shares in the electrical company five months ago for 172 riyals per share. After I bought them, they went down to 147 riyals and have not yet gone back up to the purchase price. Is there any zakaah due on these shares? How should the zakaah be paid? Is it based on the purchase price or the current price which is 147?.
Praise be to Allaah.
These shares are now regarded as trade goods, because trade goods are anything that is prepared for sale. So zakaah is due on them.
The zakaah on trade goods is worked out on the basis of their value at the end of the year, whether it is more than the purchase price or less.
See question no. 65515
Based on this, if these shares reach the nisaab, or they reach the nisaab when added to the cash money that you have, then you should pay zakaah on them according to their value on the day when the year ends.
Shaykh Ibn ‘Uthaymeen said:
The way in which zakaah is paid on shares in companies is as follows: if the state undertakes the mission of calculating and collecting the zakaah, then you have discharged your responsibility, otherwise zakaah must be paid in the following manner: they should be evaluated every year and one-quarter of one-tenth should be paid, if the purpose of them is to trade. But if the purpose is investment, then no zakaah is due on them, but zakaah is due on any profits they produce if it is in the form of money and one year has passed. End quote.
Majmoo’ Fataawa Ibn ‘Uthaymeen, 18/196
The Standing Committee was asked: Is there any zakaah on shares and certificates? How should it be paid?
They replied:
Zakaah is due on shares and promissory notes if they represent money or trade goods, so long as the one who is keeping the money is not going through hardship or delay payment unduly. End quote.
Fataawa al-Lajnah al-Daa’imah, 9/354
The Standing Committee was also asked about shares through which one buys land and real estate.
They replied:
The shares mentioned in the question are a kind of trade goods, so zakaah must be paid on them, to be evaluated every year according to their current value, not the purchase price. If the owner has money he may pay from that, otherwise he should pay the zakaah for past years from their value after selling them and taking the money. End quote.
Fataawa al-Lajnah al-Daa’imah, 9/353
Shaykh Ibn ‘Uthaymeen (may Allaah have mercy on him) was asked: Should zakaah on shares be based on the official value of the share or on the market value, or what?
He replied:
Zakaah on shares and other trade goods should be based on the market value. If it was worth one thousand at the time of purchase, then the value rises to two thousand at the time when zakaah becomes due, then zakaah should be based on the value of two thousand, because what matters is the value of a thing when zakaah becomes due, not when it is bought. End quote.
Majmoo’ Fataawa Ibn ‘Uthaymeen, 18/197
It should be noted that if trade goods are bought with gold or silver or cash (riyals, dollars or other currencies), or with other goods, then the year for those goods starts from the time when one acquired the wealth with which one bought them. Based on this, the new year does not start from the time when one takes possession of the new goods, rather it starts from the time when one acquired the wealth with which one bought them.
And Allaah knows best.





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Zakaath, - Dought&clear, - It is not permissibleto estimate anything otherthan fruits




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Is it permissible to estimate trade goods when it is not possible or is too difficult for the businessman to count them accurately?.
Praise be to Allaah.
What is meant by estimating is when experts look at the date palms – for example – after it is clear that the unripe dates are in good condition, and they see how many dates they are likely to produce, and the zakaah is given on that basis. This is a kind of speculation and conjecture without precisely counting the wealth. The reason why this is prescribed in the case of fruits is that the owner of the fruit may need to eat some of it or give it to others or sell it when it is still unripe, before it ripens. In that case it is not possible to define zakaah precisely, so Islam allows estimating it so as to avoid hardship and difficulty.
There is no report that sharee’ah allows estimating with regard to any kind of wealth other than fruits, because fruits are the type of wealth which it is difficult or impossible to count precisely. But with other types of wealth that are subject to zakaah – such as trade goods – it is possible to count them precisely.
Shaykh Ibn ‘Uthaymeen (may Allaah have mercy on him) was asked about estimating trade goods if it is impossible or too difficult for the businessman to count them. He replied:
It is not permissible to estimate them, because estimating was mentioned only with regard to fruits, and some scholars also added crops. As for other types of wealth, it is not possible to estimate them because they are of many types. But the person should try hard as hard as he can and be cautious. If he counts this item as being one hundred and twenty, he should pay zakaah on one hundred and twenty, so that he will have done his duty. End quote.
Majmoo’ Fataawa al-Shaykh Ibn ‘Uthaymeen(18/232).
And Allaah knows best.




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Zakaath, - Dought&clear, - If the land does not sell, is zakaah due on it?




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I have bought some land, intending to sell it when its value increases. But its value decreased and it did not sell, it remained in my possession for 10 years and its value did not increase, should I pay Zakah on it?.
Praise be to Allaah.
Land that is bought with the intention of selling it after a while when prices have increased is subject to zakaah, because it comes under the heading of trade goods.
The value of trade goods should be worked out at the end of the year based on the current market price, regardless of the price for which they were bought, and zakaah must be paid. The rate of zakaah is one quarter of one tenth.
See the answer to question no. 38886.
Shaykh Ibn ‘Uthaymeen (may Allaah have mercy on him) was asked: I have a piece of land and I am waiting for the prices of land to go up so that I can sell it, and it has been several years. Should I pay zakaah on it?
He replied: If a person buys land to make a profit then the land does not sell and becomes cheaper, and he keeps it until the price goes up, then he must pay zakaah on it every year, because it comes under the heading of trade goods. If he does not have anything with which to pay the zakaah, and he cannot find a buyer, then he should work out its price at the time when zakaah becomes obligatory and work out its zakaah, and in the following year he should work out the zakaah on its value, then in the third year and so on. Then whenever he sells it he should pay the total amount of zakaah that he had calculated. End quote.
Majmoo’ al-Fataawa(18/225).
He was also asked about a person who bought some land with the aim of trading in it, but it remained in his possession for a number of years. Does he have to pay zakaah on it?
He replied: If a person buys land for trading, then he has to pay zakaah every year, whether the value increases or decreases, and whether it sells quickly or it does not sell. He should work out its value every year at the current market price, then if he has money he should pay its zakaah from the money that he has, and if he does not have any money he should work out the zakaah for each year, and when he sells it he should pay the zakaah for the past years. End quote fromLiqa’ al-Baab al-Shahri(15/12).
And Allaah knows best.





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Fasting, - Doupht&clear, - She has fibroids and bleeds all month; how should she pray and fast?




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My mother is fifty-one years old; she has fibroids and suffers from bleeding throughout the month. Can she pray and fast, and if so how?.
Praise be to Allaah.
The scholars differed concerning menopause in women. Some of them said that it occurs at the age of fifty years or sixty years; the correct view is that there is no limit to it and it may vary from one woman to another.
Shaykh Ibn ‘Uthaymeen (may Allah have mercy on him) said:
Women vary; some reach menopause at an early age, and some continue menstruating until after the age of sixty or seventy. If a woman sees menses then she is a menstruating woman, no matter what her situation is, because Allah, may He be blessed and exalted, says (interpretation of the meaning):“And those of your women as have passed the age of monthly courses” [al-Talaaq 65:4], and He did not mention any particular age. So menopause differs from one woman to another.
To sum up, menses is, as Allah described it, anadha(harm, illness, painful condition). When this bleeding occurs, she has to do what is required. End quote.
Fataawa Noor ‘ala al-Darbby Ibn ‘Uthaymeen, 12/123
Based on that, if your mother had reached the stage of menopause and stopped menstruating, then developed this problem, the blood is not menses, so she should wash the blood away, wear a pad and do wudoo’ for each prayer.
If that happened to her before she reached the stage of menopause, then she has to work out the days of her usual period each month, then stop praying at that time. Then when that time ends, she should do ghusl and start praying again, even if she is bleeding, because it is not deemed to be menstrual blood.
The scholars of the Standing Committee for Issuing Fatwas said:
If a woman experiences continuous bleeding, when she wants to pray, she should wash her private parts, then put a pad so as to prevent leaks; then she should do wudoo’ and pray. She should do that at the time of each prayer, because the Prophet (blessings and peace of Allah be upon him) said to the woman who was experiencing istihaadah (irregular vaginal bleeding): “Do wudoo’ at the time of each prayer.” End quote.
Fataawa al-Lajnah al-Daa’imah, 4/259
Shaykh Ibn ‘Uthaymeen (may Allah have mercy on him) was asked about a woman who reached the age of fifty-six, whose menstrual period had become irregular since the age of fifty. She would bleed two or three times a month, lasting for up to nine days, with blood like menstrual blood. In between the bleeding, she did not see any tuhr (white discharge indicating the end of menses) or complete dryness. Every time she started bleeding, she would stop fasting and praying. During this time, it was discovered that she had a growth in her uterus, and the doctor said that it was causing the bleeding. What should this woman do with regard to prayer, fasting and marital relations. What is the ruling on the past six years?
He replied: If the doctors have determined that the bleeding is due to sickness, then she is pure (taahir) and should pray and fast. If that is not the case then she comes under the ruling on istihaadah; she should stop praying and fasting for the length of her previous period each month, then she should pray and fast even if she is bleeding, and she may have marital relations with her husband. With regard to what is past, she does not have to do anything, because the Prophet (blessings and peace of Allah be upon him) did not instruct women who suffered istihaadah to repeat previous prayers. End quote.
Thamaraat al-Tadween, p. 25
And Allah knows best.





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