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Monday, July 7, 2014

Zakaath, - Dought&clear, - * He lent money to someof his colleagues andbought shares in some companies – how should he pay zakaah?




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I borrowed 260,000 riyals from al-Bank al-‘Arabi by means of tawarruq, on the basis that they would deduct 3752 riyals from my salary every month for 8 years, and the money would be deposited in my account. Then I bought a car, paid off my debts and lent money to some of my colleagues, and I invested in real estate and I began to invest the rest in the Saudi stock market. That was approximately one year ago. Do I have to pay zakaah? If that is the case, how should I pay zakaah with regard to those to whom I lent money and with regard to the shares that I own in the stock market?.
Praise be to Allaah.
Firstly:
The debt that you owe to the bank does not mean that your duty to pay zakaah is waived, according to the most correct scholarly opinion. This has been discussed in the answer to question no. 22426.
Secondly:
It is not right to take out a loan in order to invest in the stock market, especially if the loan is large as in your case. Debt is a great responsibility, so much so that if a martyr is killed in battle for the sake of Allaah he will be rewarded for everything except debt. In the answer to question no. 82011we have quoted the words of Shaykh Ibn ‘Uthaymeen (may Allaah have mercy on him) warning against taking loans in order to invest in stocks.
Thirdly:
Zakaah is due on that which you have lent to your colleagues, if they still acknowledge the debt and they are paying it off as agreed. You have to pay zakaah on this money every time one year passes from the time when you took possession of the nisaab (minimum threshold of wealth at which zakaah becomes due), but you have the choice between two things: either paying zakaah on it every year, or delaying it until you get this money back, then paying zakaah for all past years.
But if the debtor is in difficulty or taking a long time to pay it back, then you do not have to pay zakaah until you get the money back, then when you get it you have to count a new year from the time when you get it. This has been discussed in the answer to question no. 50014.
Fourthly:
With regard to investing in property this comes under the heading of trade goods, because these real estate companies buy land with the aim of dealing in it.
So at the end of the year you have to work out the value of your shares in this company and pay zakaah on them, one quarter of one tenth.
Shaykh Ibn ‘Uthaymeen (may Allaah have mercy on him) said concerning shares in land belonging to a real-estate company:
It seems that these shares are trade goods, because those who buy shares in land intend to deal in it and earn money from it. Hence they must pay zakaah on it every year, by working out their values and paying zakaah accordingly. If a person has shares worth thirty thousand and at the end of the year these shares are worth sixty thousand, then he must pay zakaah on sixty thousand, and if at the end of the year the thirty thousand is worth only ten thousand, then he only has to pay zakaah on ten thousand. End quote.
Majmoo’ Fataawa Ibn ‘Uthaymeen(18/226).
Fifthly:
With regard to the money that you have invested in the stock market, if your intention when buying the shares was to deal in them – as seems to be the case – then these shares are regarded as trade goods, so when the year ends you must work out the value of the shares based on the market value and pay zakaah on them. End quote.
But if you bought the shares to keep them and benefit from their annual profits.
And Allaah knows best.





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Zakaath, - Dought&clear, - * How should he pay zakaah on a car if it stayed in the showroom for three years and its price has fallen?




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Someone bought a car for 13,000 riyals with the intention of offering it for sale and making a profit. But after he bought it, he found out that it was faulty, which lessened its value, and he left it in a car showroom, where it stayed for three years, and offers were made on it that were much less than the purchase price during that time. After three years, he sold it for 8,000 riyals. Was there any zakaah due on this car that was offered for sale for three years every time one year passed? How should he pay it? What is the rate of zakaah?.
Praise be to Allaah.
If a person buys a car with the intention of selling it and making a profit, he must pay zakaah on it every time a year passes. He should work out its value on that day, i.e., its market value on the day when the year has passed, and pay one-quarter of one-tenth (2.5%), whether the value has increased or decreased.
Shaykh Ibn ‘Uthaymeen (may Allaah have mercy on him) was asked: Someone bought some land with the intention of dealing in it, but it remained in his possession for a long time. Is zakaah due on it?
He replied:
If a person buys land with the intention of dealing in it, then he must pay zakaah on it every year, whether its value increases or decreases, and whether it sells or not. He should work out its value every year, then if he has money he may pay the zakaah from the money he has; if he does not have money he should keep a record of the zakaah that it due every year, year by year, and when he sells it he must pay zakaah on the past period. End quote fromLiqa’ al-Baab il-Maftooh(15/12).
Based on this, the owner of the car should have looked at its price at the end of every year and paid zakaah on it. If he did not have any money, he should have kept a record of it and paid it when he sold the car.
It should be noted that the year with regard to trade goods is the year from when one acquired the wealth with which he bought them, if it reached the nisaab (minimum threshold). The year for the car in this case does not start from the time when he bought it, but from the time when he acquired the money with which he bought it.
What the owner of the car must do now is work out what the value of the car was at the end of each year, with the help of those who have experience in the market, then pay the zakaah.
And Allaah knows best.





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Fasting, - Doupht&clear, - * Ruling on the fast of apregnant woman who is affected by fasting




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Is it mandatory for a pregnant woman to observe fasting in Ramadhan and Ashoo'ra. I advised my wife not to fast during last Ramadhaan and she was not fasting because she was pregnant.She was weak and anaemic last time when she was pregnant. She had miscarried by end of Ramadhan when she was 12 weeks pregnant. What is the ruling about her missed fasting during ramadhan. Does she have to complete them before next ramadhaan. Can she fast normally when she finds that she is pregnant?. She always insist on fasting during pregnancy. Any medical evidences will also help that the baby won't be harmed by fasting during pregnancy.
Praise be to Allaah.
This question covers three topics:
1- The ruling on a pregnant woman breaking her fast in Ramadaan
2- How a miscarriage in Ramadaan affects a woman’s fast
3- The ruling on making up fasts after Ramadaan
With regard to the pregnant woman: it is permissible for her not to fast if she fears some harm which she thinks will most likely affect her and/or her baby. Breaking the fast becomes obligatory if she fears that she may die or be severely harmed if she fasts. In that case she has to make up the fast later on but she does not have to pay the fidyah. This is according to the consensus of the fuqaha’, because Allaah says (interpretation of the meanings): “And do not kill yourselves”
[al-Nisa’ 4:29]
“and do not throw yourselves into destruction”
[al-Baqarah 2:195]
The scholars are similarly agreed that it is not obligatory to pay the fidyah in this case, because a woman in this case is like one who is sick and one who fears for his life.
If the woman fears for her baby only (and not for herself), then some of the scholars are of the view that it is permissible for her to break her fast, but they say that she must make up the fast later on and pay the fidyah (which means feeding one poor person for each day not fasted), because of the report narrated from Ibn ‘Abbaas concerning the verse (interpretation of the meaning):
“And as for those who can fast with difficulty, (e.g. an old man), they have (a choice either to fast or) to feed a Miskeen (poor person) (for every day)”
[al-Baqarah 2:184]
Ibn ‘Abbaas said: This is a concession allowed to old men and women, who can only fast with difficulty; they are allowed to break the fast and to feed one poor person for each day of fasting missed. This also applies to pregnant and nursing women, if they are afraid.” Abu Dawood said: “i.e., if they are afraid for their children, they may break the fast.” (Narrated by Abu Dawood, 1947; classed as saheeh by al-Albaani inal-Irwa’, 4/18, 25).
(Seeal-Mawsoo’ah al-Fiqhiyyah, 16/272)
Hence it is clear that if fasting will cause great harm to a woman or to her baby, she is obliged to break the fast, on condition that the doctor who states that fasting will cause harm is a doctor who can be trusted.
This has to do with breaking the fast during Ramadaan. With regard to ‘Aashoora, fasting on this day is not obligatory, according to scholarly consensus; rather it is mustahabb, and it is not permissible for a woman to observe a naafil fast when her husband is present, except with his permission. If he tells her not to fast then she has to obey him, especially if that is in the interests of the foetus.
With regard to miscarriage: “If the matter is as mentioned, that the miscarriage occurred in the third month of pregnancy, then the blood that comes out is not considered to be the blood of nifaas (bleeding following childbirth), rather it is the blood of istihaadah (non-menstrual vaginal bleeding), because what the woman passed was a clot (‘alaqah) in which there were no human features. On this basis, she should pray and fast even if she sees some blood, but she should do wudoo’ for each prayer, and she has to make up the days when she did not fast and the prayers that she missed.”
(SeeFataawa al-Lajnah al-Daa’imah, 10.218)
With regard to the fasts that she has missed: “Everyone who owes fasts from Ramadaan has to make them up before the next Ramadaan. He may delay that until Sha’baan. But if the next Ramadaan comes and he has not made them up and had no excuse for that, then he is guilty of sin and he has to make them up as well as feeding one poor person for each day, as was stated by a number of the Companions of the Prophet (peace and blessings of Allaah be upon him). The amount to be given is half a saa’ of the local staple food for each day, which may be given to a number of poor persons or to one. But if a person had an excuse for delaying making up the fasts, because he was sick or was travelling, then all he has to do is to make up the missed fasts, and he does not have to feed the poor, because of the general meaning of the verse (interpretation of the meaning):
‘but if any of you is ill or on a journey, the same number (should be made up) from other days’
[al-Baqarah 2:184].
And Allaah is the Source of strength.”
(Fataawa al-Shaykh Ibn Baaz, 15/340)
Sheikh Muhammed Salih Al-Munajjid




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Fasting, - Doupht&clear, - * He has tuberculosis and the doctors have advised him not to fast for five years




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I am a tuberculosis patient. I was under treatment for two years and the doctors advised me not to fast, and scared me that if I fast the disease will come back to me. They advised me not to fast for five years. What is the ruling on doing this?.
Praise be to Allaah.
Allaah says (interpretation of the meaning):
“So whoever of you sights (the crescent on the first night of) the month (of Ramadan i.e. is present at his home), he must observe Sawm (fasts) that month, and whoever is ill or on a journey, the same number [of days which one did not observe Sawm (fasts) must be made up] from other days”
[al-Baqarah 2:185].
i.e., if a person is physically sick and it is too hard for him to fast or he will be harmed by fasting, or he is travelling, he is allowed not to fast, but he has to make up the number of days that he did not fast. Hence Allaah says (interpretation of the meaning):“Allaah intends for you ease, and He does not want to make things difficult for you” [al-Baqarah 2:185]. The scholars have stated that if a trustworthy Muslim doctor states that fasting will be harmful to a sick person, or will make his sickness worse or delay his recovery and the like, then not fasting in this case is permissible according to sharee’ah. If the doctor is not Muslim, or he is Muslim but he is not of good character, then his opinion should not be accepted except in cases of necessity, such as if it is not possible to ask another doctor. If it is a necessity and other factors indicate that the non-Muslim is telling the truth, such as if the sick person feels the same thing, or it is well known that this sickness is something that gets worse with fasting and that will make recovery difficult, then in that case it is permissible not to fast until Allaah heals him and he becomes strong enough to fast without adverse effects.
With regard to the past months, you have to make them up after you recover, and there is no expiation for delaying it, because you did not make them up because you were still sick. End quote.
Fataawa al-Shaykh Muhammad ibn Ibraaheem (may Allaah have mercy on him) (4/182, 183).





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