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Monday, June 30, 2014

For children, - Spiritual Stories for Children: Fox and StorkWhat Goes Around Comes Around




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A selfish fox once invited a stork to dinner at his home in a hollow tree. That evening, the stork flew to the fox's home and knocked on the door with her long beak. The fox opened the door and said, "Please come in and share my food."
The stork was invited to sit down at the table. She was very hungry and the food smelled delicious! The fox served soup in shallow bowls and he licked up all his soup very quickly. However, the stork could not have any of it as the bowl was too shallow for her long beak. The poor stork just smiled politely and stayed hungry.
The selfish fox asked, "Stork, why haven't you taken your soup? Don't you like it?"
The stork replied, "It was very kind of you to invite me for dinner. Tomorrow evening, please join me for dinner at my home."
The next day, when the fox arrived at the stork's home, he saw that they were also having soup for dinner. This time the soup was served in tall jugs. The stork drank the soup easily but the fox could not reach inside the tall jug. This time it was his turn to go hungry.
MORAL: A selfish act can backfire on you.





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Zakath, - Dought & clear, - If he bought some land then sold it because he needed money, does he have to pay zakaah?




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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 intention of selling it, but someone suddenly came along who wanted 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 on the 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 with the intention of trading in it, 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 value of 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, in this case he does not have to pay the zakaah on trade goods. But if he sells it 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 on him) 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 he will 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 case he is not selling it for the purpose of trade but because he no longer wants it. Another example is 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 fromash-Sharh al-Mumti‘, 6/142
If a person has some land and is not sure whether he wants to keep it or sell it, he does not have to pay zakaah until he definitely intends to trade in it.
And Allah knows best.





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Zakath, - Dought & clear, - He owes zakaah for trade goods but he doesn’t have any cash




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A person owns a piece of land and one year has passed since he acquired it. Zakaah is due because it comes under the heading of trade goods (i.e., he bought it in order to sell it). How should he pay zakaah on it? Please note that he only has a little cash, very little.
Praise be to Allaah.
Zakaah is due on trade goods according to the Qur’aan and Sunnah.
In the Qur’aan this is indicated by the general meaning of the verse in which Allaah says (interpretation of the meaning):
“O you who believe! Spend of the good things which you have (legally) earned, and of that which We have produced from the earth for you”
[al-Baqarah 2:267]
Mujaahid said: “Spend of the good things which you have (legally) earned” means trade.
With regard to evidence form the Sunnah, Abu Dawood narrated (1562) that Samurah ibn Jundub said: The Messenger of Allaah (peace and blessings of Allaah be upon him) used to command us to give zakaah from that which we had prepared for sale.
The isnaad of this hadeeth is subject to some discussion, but some of the scholars classed it as hasan, such as Ibn ‘Abd al-Barr (may Allaah have mercy on him), and it is the view that the scholars of the Standing Committee for Issuing Fatwas adopted.
SeeFataawa al-Lajnah al-Daa’imah, 9/331.
Zakaah is due on things that have been prepared for trade if they reach the nisaab (minimum threshold) and one year has passed (since they were acquired).
Based on this, zakaah must be paid on the land which has been in your possession for a year; you have to determine the value of the land at the end of the year, and pay one-quarter of ten percent. So if its value is one hundred thousand (100,000) dinars, for example, you have to pay zakaah of 2.5% or two and a half thousand (2,500), and so on.,
If you have cash, then you must pay it and it is not permissible to delay paying zakaah until the land is sold. But if you do not have cash with which to pay the zakaah, then it becomes a debt that you owe and must be paid when it becomes possible to do so. If you cannot do it until you sell the land, then you have to pay zakaah from the price you receive for the land for each year in which zakaah was due.
Shaykh Ibn Baaz (may Allaah have mercy on him) said:
Zakaah is due on land that is prepared for trade. The evidence for that is the well known hadeeth of Samurah ibn Jundub (may Allaah be pleased with him) who said: The Messenger of Allaah (peace and blessings of Allaah be upon him) used to command us to give zakaah from that which we had prepared for sale.
He also said:
If land and other similar things such as houses and cars etc are prepared for sale, then you must pay zakaah on them each year according to their value, when one full year has passed. It is not permissible to delay that, except in the case of one who is unable to pay the zakaah on them because he does not have any other wealth. Then he may be given a respite until he sells it and pays the zakaah for all the years, each year according to its value at the end of that year, regardless of whether the value is more than the price he gets for it or is less that the price for which he bought the land, car or house.
Majmoo’ Fataawa Ibn Baaz, 14/160-161.




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Zakath, - Dought & clear, - Zakaah on usurped wealth




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I have some land that I own with official papers, but another person used deceitful methods to prove that he has ownership of it, and our case is still before the courts. One full hijri year has passed; do I have to give zakaah on this land?.
Praise be to Allaah.
Firstly:
If your intention was to develop the land in order to live there or to rent it out, then there is no zakaah on this land because it does not come under the heading of trade goods. Please see the answer to question no. 129787
But if your intention was to deal in it, then the basic principle is that trade goods are subject to zakaah. So the value of this land should be worked out every time one hijri year has passed, then you should pay zakaah on it according to its market value.
But because this land has been usurped and you are not able to dispose of it, there is no zakaah on it according to the more correct scholarly opinion.
Ibn Qudaamah said inal-Kaafi: With regard to usurped property, lost property and debt owed to one who cannot get it off because the debtor is in difficulty or because he denies he owes anything or he keeps deferring the payment, there are two view on this issue… etc.
Shaykh Ibn ‘Uthaymeen (may Allah have mercy on him) said: There are two opinions in our madhhab. One view is that zakaah is due on it and it is obligatory, but he does not have to give it until he takes possession of it, whereupon he should give zakaah for the past period, even if it has gone on for ten years.
The second opinion is that there is no zakaah due on that, because the wealth is not in his possession and he is not able to ask for it, and if he asks for it he will not be able to get it. This view is the correct one.
End quote fromash-Sharh al-Kaafi.
Shaykh al-Islam Ibn Taymiyah (may Allah have mercy on him) said: Zakaah is not due on a debt for which repayment has been deferred, or the debtor is in difficulty or is unemployed or is denying that he owes anything, or on usurped or stolen property. This is the view of Abu Haneefah.
End quote fromal-Ikhtiyaaraat, p. 146
But to be on the safe side, if you regain possession of this land, you should pay zakaah for one year, even if it remained in the possession of the usurper for several years.
And Allah knows best.





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