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Tuesday, July 8, 2014

Zakaath, - Dought&clear, - * Is it obligatory to pay the zakaahfor trade goods on shop fittings and lost goods?




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I have a shop in which there is equipment worth 80,000 riyals, and there are people who owe the shop debts totalling 80,000 riyals. There was a fire in the shop 6 months ago and new merchandise has been and renovations have been done, which together add up to 40,000, of which 35,000 has been borrowed in the name of the shop, to be paid back in instalments.
My first question is: should we pay zakaah on the total amount of equipment that was in the store before the fire? Total cost + debts – new stock and renovation.
My second question is: A full year has not yet passed since the renovations; should we pay zakaah on it or only on the whole shop and the debts that we are owed?.
Praise be to Allaah.
The goods that are found in a shop fall into two categories:
1 – Those that are prepared for sale, whether they are real estate, food, clothes, or other kinds of goods that are sold.
2 – Those that are not prepared for sale, rather they are for producing goods or are to be used, such as manufacturing equipment, cars, furniture, cameras and computers, etc.
The first category are those that are called “trade goods” and these are the ones on which zakaah must be paid. As for the second category, they are known as fixed assets, and no zakaah is due on them.
In the answer to question no. 42072we stated that it is obligatory to pay zakaah on trade goods, and we explained the nisaab (minimum threshold), and the fact that fixtures that are not prepared for sale are not subject to zakaah.
In the answer to question no. 22449we explained that it is permissible to pay zakaah on trade goods in kind, and that it does not have to be paid in cash.
For information on how to calculate zakaah on trade goods, please see the answer to question no. 26236, in which it explains that zakaah is to be paid on the sale price, not the purchase price.
Conclusion:
If the time for paying zakaah on your shop has come, then you should take stock of what you have in the shop, such as the goods that you have there, and add them to whatever you have of cash, and add that total to the debts that you hope will be paid back, then pay zakaah on the total at a rate of one-quarter of one-tenth.
As for the debts which you have no hope that they will be paid back because they are owed by people who delay payment or who are poor, then no zakaah is due on them until you take possession of them and start to reckon a new year from the day you receive them. In order to be on the safe side, when you receive them pay zakaah for one year only, even if several years have passed. See question no. 1346.
The debts that you owe are not to be deducted from the wealth on which you have to pay zakaah, according to the more correct scholarly view. See question no. 22426.
The goods that were lost in the fire are not to be added to the total of goods in the store.
As for the things that you put in the store after the fire, if they have to do with furnishings, décor and fixtures, then as we have stated above, no zakaah is due on them, so they should not be included among the goods in the store that are subject to zakaah. If they are goods that are for sale, then if you bought them with the shop’s funds and profits, then zakaah should be paid on them when you pay zakaah for the shop’s good even if one year has not yet passed. If you bought them with other money that does not belong to the store, then you should count one year from the time when you acquired the wealth with which you bought them.
We ask Allaah to compensate you with good and to bless you with a goodly provision.
And Allaah knows best.




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Fasting, - Doupht&clear, - * He did ‘umrah during the day in Ramadaan and felt tired and exhausted so he broke hisfast




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I have a brother who is 18 and a sister who is 17. They went one day in Ramadaan after Fajr and started to do ‘Umrah, but they felt so tired and exhausted when they were doing saa’i that they thought they were going to die, so they drank some water whilst they were doing saa’i. What should they do, because that was three years ago?.
Praise be to Allaah.
If your brother and sister had done ‘umrah and they were travelling, there is nothing wrong with them breaking the fast, because it is permissible for the traveller to break the fast in Ramadaan, as Allaah says (interpretation of the meaning):
“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]
But if they were not travelling and they broke their fast because of the tiredness and exhaustion that you mention and because they were afraid they might die, there is no sin on them for that, because Allaah has granted a concession allowing the sick person not to fast, so whoever finds himself experiencing such hardship comes under the same ruling as one who is sick.
In either case (whether they were travelling or not), there is no blame or sin on them, but they have to make up a day to replace that day.
As for their ‘umrah, if they did all the obligatory and essential parts of it, then it is valid in sha Allaah.
And Allaah knows best.





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Fasting, - Doupht&clear, - * Breaking the fast in Ramadaan because of exams




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When I was in university, I could not study when I was fasting in Ramadaan. For two years I broke the fast numerous times. Do I have to make up these fasts or offer expiation or do both?.
Praise be to Allaah.
The Ramadaan fast is one of the pillars on which Islam is based. Al-Bukhaari (8) and Muslim (16) narrated that Ibn 'Umar (may Allaah be pleased with him) said: The Messenger of Allaah (peace and blessings of Allaah be upon him) said: “Islam is built on five (pillars): the testimony that there is no god except Allaah and that Muhammad is the Messenger of Allaah; establishing regular prayer; paying zakaah; fasting Ramadaan, and performing Pilgrimage to the House (the Ka’bah).”
Whoever does not fast has abandoned one of the pillars of Islam and has committed a grave major sin. In fact, some of the salaf were of the view that such a one is a kaafir and an apostate – Allaah forbid.
Al-Dhahabi (may Allaah have mercy on him) said inal-Kabaa'ir(p. 64):
The believers are unanimously agreed that whoever forsakes the Ramadaan fast when he is not sick and has no other excuse for that is worse than an adulterer or one who is addicted to alcohol. They doubt whether he is a Muslim and they think of him as a heretic and deviant. End quote.
Secondly:
As for breaking the fast because of exams, Shaykh Ibn Baaz (may Allaah have mercy on him) was asked about that and he replied:
It is not permissible for an adult of sound mind to break the fast during Ramadaan because of exams, because that is not one of the excuses permitted in Islam. Rather he has to fast and do his studying at night if it is hard for him to do it during the day. Those who are in charge of exams should be kind to the students and arrange the exams at a time other than Ramadaan, so as to serve two purposes: the purpose of fasting and that of giving students time to prepare for the exams. It is narrated in a saheeh report that the Messenger of Allaah (peace and blessings of Allaah be upon him) said: "O Allaah, whoever is appointed over any of my ummah’s affairs and treats them kindly, treat him kindly, and whoever is appointed over any of my ummah’s affairs and treats them harshly, treat him harshly." Narrated by Muslim in hisSaheeh.
So my advise to those who are in charge of exams is to be kind to the students and not organize the exams in Ramadaan, rather to do them before or after that. We ask Allaah to guide us all. End quote.
Fataawa al-Shaykh Ibn Baaz, 4/223.
The Standing Committee was asked: I am going to be tested in Ramadaan for a period of 6 and a half consecutive hours, with a 45 minute break. I did the same test last year, but I could not concentrate because of fasting. Is it permissible for me to break the fast on the day of the test?
They replied: It is not permissible to break the fast for the reason you mentioned, rather that is haraam, because it is not included among the excuses for which it is permissible to break the Ramadaan fast. End quote.
Fataawa al-Lajnah al-Daa'imah, 10/240.
Thirdly:
With regard to whether it is obligatory to make up the fasts, it depends.
If you broke the fast because you thought that it was permissible to do so because of the exams, then you have to make it up, because you are excused for this mistaken thinking, and you did not deliberately commit a haraam action.
But if you broke your fast and you knew that it was haraam to do so, then you have to repent and regret this sin, and resolve not to commit this grave sin again.
As for making it up, if you broke the fast during the day after having started to fast, then you have to make it up, but if you did not fast at all, then you do not have to make it up, and it is sufficient to repent to Allaah sincerely. And you have to do a lot of righteous deeds such as observing voluntary fasts etc; that will make up for the shortfall in fulfilling the obligatory duty.
Shaykh Ibn 'Uthaymeen (may Allaah have mercy on him) was asked about the ruling on breaking the fast during the day in Ramadaan for no legitimate reason.
He replied:
Breaking the fast during the day in Ramadaan for no legitimate reason is one of the worst of major sins, because of which a person may be regarded as a faasiq (disobedient, rebellious) who has to repent to Allaah and make up the day when he broke the fast. I.e., if he fasted then during the day he broke his fast with no excuse, he has committed a sin, and he has to make up that day because when he started that fast, it became binding on him to complete it, so he has to make it up, like a vow. But if he did not fast at all, deliberately and with no excuse, then the correct view is that he does not have to make it up, because that will not benefit him at all, as it will never be accepted from him. The basic principle with regard to acts of worship that are connected to specific times is that if a person delays them beyond that specific time with no excuse, they will not be accepted from him, because the Prophet said: "Whoever does a deed that is not in accordance with this matter of ours, will have it rejected." And because it is a transgression of the sacred limits of Allaah, may He be glorified and exalted, and transgressing the sacred limits of Allaah is zulm (wrongdoing), and no deeds are accepted from the zaalim (wrongdoer). Allaah says (interpretation of the meaning):
“And whoever transgresses the limits ordained by Allaah, then such are the Zaalimoon (wrongdoers)”
[al-Baqarah 2:229]
If he does this act of worship early – i.e., before the time for it begins – it will not be accepted from him, and similarly if he does it after that, it will not be accepted from him, unless he has an excuse. End quote.
Majmoo' Fataawa al-Shaykh Ibn 'Uthaymeen, 19; question no. 45.
Fourthly:
You have to repent to Allah for delaying making up the fasts all these years. The one who owes days from Ramadaan has to make them up before the next Ramadaan begins. If he delays that, he is committing a haraam action, but does he have to offer the expiation of feeding one poor person for each day because of this delay? There is a dispute among the scholars concerning that, but the most correct view is that he does not have to do so, but if he does that in order to be on the safe side, that is good.
See the answer to question no. 26865.
To sum up:
You have to make up the fasts if you thought that it was permissible to break the fast because of the exams, or if you broke the fast during the day, but you do not have to offer expiation as well as make up the fasts.
We ask Allah to accept your repentance.
And Allah knows best.



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Fasting, - Doupht&clear, - * Getting Children Accustomed to Fasting



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I have a son who is nine years old and I would like your help in teaching me how I can make my son get used to fasting Ramadan in sha Allaah, because he only fasted 15 days of Ramadan last year.
Praise be to Allaah.
Firstly:
We are very happy to see questions like this, which is indicative of great care and concern for children and for raising them to worship Allah. This is good care for those whom Allah has entrusted to the parents' care.
Secondly:
A boy of nine years of age is not one of those who are accountable for fasting according to sharee’ah (Islamic law), because he has not yet reached puberty. But Allah has enjoined parents to raise their children to do acts of worship. Allah commands them to teach their children the prayer when they are seven years old, and to smack them (lightly) if they do not do it when they are ten years old. The Companions (may Allah be pleased with them) used to make their children fast when they were small so as to make them get used to this great act of worship. All of that is indicative of great concern to raise one's children with the best of attributes and deeds.
With regard to prayer:
The Messenger of Allah (blessings and peace of Allah be upon him) said: “ Teach your children to pray when they are seven years old and smack them if they do not pray when they are ten years old, and separate them in their beds.” Narrated by Abu Dawood (495) and classed as saheeh by al-Albaani inSaheeh Abi Dawood.
With regard to fasting:
It was narrated that al-Rubayyi’ bint Mu’awwidh ibn ‘Afra’ (may Allah be pleased with her) said: On the morning of ‘Ashoora’, the Messenger of Allaah (blessings and peace of Allah be upon him) sent word to the villages of the Ansaar around Madeenah, saying: “Whoever started the day fasting, let him complete his fast, and whoever started the day not fasting, let him complete the rest of the day (without food).”
After that, we used to fast on this day, and we would make our children fast too, even the little ones in sha Allaah. We would make them toys out of wool, and if one of them cried for food, we would give (that toy) to him until it was time to break the fast.
Narrated by al-Bukhaari (1960) and Muslim (1136).
‘Umar (may Allah be pleased with him) said to one who was drunk during Ramadan: “Woe to you! Even our children are fasting!” And he hit him. Narrated by al-Bukhaari in a mu’allaq report,Bab Sawm al-Subyaan(Chapter on the fast of children).
The age at which parents should start teaching their children to fast is the age when they are able to fast, which varies according to the physical constitution of each child, but some scholars have defined it as the age of ten years.
For more details on that please see the answer to question number 65558, in which there is important information.
Thirdly:
With regard to means of helping children to get used to fasting, that may involve a number of things, such as:
1. Telling them of the virtues of fasting and that it is one of the most important means of entering Paradise, and that in Paradise there is a gate called al-Rayyaan through which those who fast will enter.
2. Prior experience of getting used to fasting, such as fasting a few days in the month of Sha’ban, so that fasting in Ramadan will not come as a shock to them.
3. Fasting part of the day and increasing the time gradually.
4. Delaying sahoor (pre-dawn meal) until the last part of the night. That will help them to fast during the day.
5. Encouraging them to fast by giving them rewards each day or each week.
6. Praising them in front of the family at the time of iftaar (breaking fast) and sahoor, because that will raise their morale.
7. Instilling a spirit of competition for the one who has more than one child, whilst remembering that it is essential not to rebuke the one who is struggling.
8. Distracting the one who gets hungry by letting him sleep or play permissible games that do not involve effort, as the noble Sahaabah (Companions) used to do with their children. There are suitable programmes for children and cartoons on the trustworthy Islamic channels with which you can distract them.
9. It is preferable for the father to take his son -- especially after ‘Asr -- to attend the prayer and lessons, and to stay in the mosque to read Qur'aan and remember Allah.
10. Arranging visits during the day and night to families whose young children are also fasting, so as to encourage them to carry on fasting.
11. Rewarding them with permissible trips after iftaar, or making the kinds of food, sweets, fruits and juices that they want.
It should be noted that if the child becomes too exhausted, you should not insist that he completes the fast, so that this will not make him hate acts of worship or lead to him lying or make him sick, because he is not yet one of those who are accountable. It is important to pay attention to this and not be harsh with regard to telling the child to fast.
And Allah knows best.









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