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Wednesday, July 2, 2014

Zakaath, - Dought& clear, - If a person buys land in order to protect his wealth, does he have to pay zakaah when one year has passed?




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There is a man who bought a piece of land, not with the intention of trading it; rather his intention in buying it was to protect his wealth and keep it from being lost, and when he needs the money he will sell it. Is zakaah due on it or not?.
Praise be to Allaah.
If a person buys land and does not intend to trade in it; rather his aim is to protect his wealth or some other reason, then he is not obliged to pay zakaah on the land even if it remains like this with him for ten years, because he did not intend to trade in it, and because of the report narrated by Ibn ‘Umar (may Allah be pleased with him) who said: “There is no zakaah on goods unless they are for trade.” Narrated by al-Bayhaqi and classed as saheeh by al-Nawawi inal-Majmoo‘(6/5). Also classed as saheeh by al-Haafiz ibn Hajar (may Allah have mercy on him) inal-Diraayah, 1/261.
Al-Bahooti said inSharh Muntaha’l-Iraadaat, 1/434:
“Goods” refers to that which is prepared for buying and selling in order to make a profit, even if it is currency. End quote.
Shaykh Ibn ‘Uthaymeen (may Allah have mercy on him) said:
“Trade goods” refers to that which a person prepares for the purpose of making money. Any kind of wealth that a person prepares for making money is regarded as trade goods, whether it is livestock, crops, grains, cars, machines or anything else. Hence you find a merchant offering an item and selling it in the evening, because he does not want the item in and of itself; rather the aim is to make a profit. So everything that is prepared for the purpose of making money is trade goods.
End quote fromSharh al-Kaafi.
He also said: Trade goods are kinds of wealth that a person prepares for business, i.e., he has no aim other than trading in them.
End quote fromLiqa’ al-Baab al-Maftooh, 78.
He was asked about one who puts his wealth in land, not intending to trade in it or build on it or cultivate it; rather he says, It is to protect my wealth, and if I need it (the money), I will sell it. Is zakaah due on that?
He replied:
No zakaah is due on it. Some of the fuqaha’ even say that if he buys real estate with his money so as to evade zakaah, no zakaah is due on it! But this is like cheating [thus zakaah remains obligatory for him]. End quote fromThamaraat al-Tadween.
And Allah knows best.





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Zakaath, - Dought& clear, - He has a pharmacy and one full year has passed since he acquired it; how should he pay zakaah on it?




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My brother owns a pharmacy and one year has passed. Is zakaah due on the medicines and other necessities in the pharmacy?.
Praise be to Allaah.
Zakaah is due on trade goods, subject to two conditions:
1. That the minimum threshold (nisaab) has been reached;
2. That one full year has passed since it was acquired, because the Prophet (blessings and peace of Allah be upon him) said: “There is no zakaah on wealth until one year has passed (since it was acquired).” Narrated by al-Tirmidhi (632) and Ibn Maajah (1792); classed as saheeh by al-Albaani (may Allah have mercy on him).
Zakaah on trade goods must be paid on everything that is prepared for sale and dealing. That includes the medicines in the pharmacy and all other necessities that are sold there. As for things that are not for sale, no zakaah is due on them, such as furnishings, equipment (e.g. air conditioners and computers) and so on.
For more information please see the answer to question no. 50726.
Based on that, your brother has to evaluate the items that are sold in the pharmacy when one year has passed since he acquired the wealth with which he bought them, at the end of the year. Then he should add to that the profits made by the pharmacy that he still has, then he should pay zakaah on the total amount, at a rate of 2.5%.
It should be noted that the year in the case of trade goods starts from the time one took possession of the money with which those goods were bought, not from the date they were bought.
And Allah knows best.





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Fasting, - Doupht &clear, - Breaking the Fast and Maghrib (Sunset) Prayer




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Some Muslims have exaggerate about breaking their fast to the point that they miss the Magrib prayer( after eating dates comes the soup and juice and so on).
What is your advice with regard to such behavior?
If the meal is put in front of a person without his own intention being to miss the congregational prayer, then he can eat and drink, even if he misses the congregational prayer, based on the statement of the Prophet (peace and blessings of Allah be upon him), "If the meal is served and the prayer starts, begin with the meal." (Bukhari narrated it, #631.)
As for putting a large portion of food out purposely to miss the congregational prayer, this is the wrong approach and incorrect behavior. The correct thing is for a Muslim to take a lot of food unsuspectedly, thereby making him miss the congregational prayer, but he still gets the bigger reward. Then what is the sunnah? The sunnah is what is reported on the Prophet (peace and blessings of Allah be upon him) "that he used to break the fast before he prayed with fresh dates, if there were no fresh dates then with dry dates, and if there were no dry dates, then he sipped from water." (At-Tirmidhi narrated it and others. He stated it was hasan, gharib hadith. Also Al Albanni declared it hasan in Sahih Al Jama #4995.)





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Fasting, - Doupht &clear, - Where does Waswaas( bad thoughts) come from in Ramadaan




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If bad dreams are from the Shayateen, but the Shayateen are chained during Ramadhan, then how is it that we have bad dreams during Ramadhan?
Praise be to Allaah.
Not all shayateen are chained. Only the leaders or the strong ones are chained, which means they could not do in Ramadan the things they used to do throughout the year. Let it also be known to you that alqareen, who is the resident shaytan, never leaves you no matter where you go. Also there is the evil within every one of us. Therefor, all of these factors promote the evil which we see during Ramadan, yet it is certainly less than outside Ramadan.





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