Zakaath, - Dought&clear, - * He has put his car up for sale but he is using it for now until he finds the right price. Does he have to pay zakaah?

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A person has a car on sale until he finds a suitable price. But he still is using it. Shall he pay Zakat on it if it completes a year in this case?.
Praise be to Allaah.
The majority of scholars are of the view that it is obligatory to pay zakaah on trade goods, subject to two conditions:
1 – That he should have taken possession of it through his own actions, i.e., by buying it or accepting it as a gift, not by inheritance, because inheritance comes under the heading of things that a person acquires involuntarily.
2 – That he took possession of it with the intention of selling it. If he took possession of it with the intention of keeping it, then decided to sell it, he does not have to pay zakaah.
Ibn Qudaamah (may Allaah have mercy on him) said: An item is not regarded as trade goods unless two conditions are met:
1 – That he should have taken possession of it through his own actions, either by buying it or accepting it as a gift. It makes no difference whether he took possession of it in return for payment or not.
2 – He should intend at the time of taking possession of it that it is for trade. If he did not intend at the time of taking possession of it that it was for trade, then it is not trade goods even if he formed that intention afterwards.
End quote fromal-Mughni(2/336).
Some scholars are of the view that it becomes trade goods when he forms the intention, even if he did not taken possession of it through his own actions. This was narrated from Ahmad (may Allaah have mercy on him).
Ibn Qudaamah said, after the words quoted above:
It was narrated from Ahmad in another report, that goods become trade goods as soon as one forms the intention to sell them, because of the words of Samurah (may Allaah be pleased with him): The Messenger of Allaah (peace and blessings of Allaah be upon him) commanded us to pay zakaah on that which we prepared for sale. Based on this, it makes no difference whether he took possession of it through his own actions or whether it was in return for payment or not, rather when he forms the intention to sell them, they become trade goods.
End quote fromal-Mughni(2/336).
The first view is the opinion of the Hanbalis, Hanafis, Maalikis and Shaafa’is.
See:Badaa’i’ al-Sanaa’i(2/12);Sharh al-Kharashi ‘ala Khaleel(2/195);al-Majmoo’(6/5) andal-Mawsoo’ah al-Fiqhiyyah(23/271).
Shaykh Ibn ‘Uthaymeen (may Allaah have mercy on him) preferred the second view, which was also narrated from Ahmad, but he differentiated between selling a car or land in order to earn money and make a profit, and selling them because one no longer needs them. In the first case zakaah is due, but not in the second.
Shaykh Ibn ‘Uthaymeen (may Allaah have mercy on him) said: The second view concerning this issue is that it becomes trade goods by intention even if he did not take possession of it through his own actions, and even if he took possession of it with no intention of selling it, because of the general meaning of the words of the Prophet (peace and blessings of Allaah be upon him): “Actions are but by intention and each person will have but that which he intended.” This man formed the intention to sell it so it is trade goods.
For example, if he buys a car for his personal use, then he decides to use it as capital for business. In this case he must pay zakaah when one year has passed since he made that decision. If he has a car that he is using then he decides to sell it then it is not trade goods, because in this case he is not selling it for trade, but because he no longer wants it.
Another example is if he has land that he bought to build on, then he decided to sell it and buy a different piece of land, so he put it up for sale. This is not regarded as trade goods, because the decision to sell in this case is not to use it to raise capital but because he no longer wants it. There is a difference between the person who uses it to raise capital for business and a person who no longer wants this thing and wants to sell it. In the first case zakaah is due according to the most correct opinion, but no zakaah is due in the second case.
End quote fromal-Sharh al-Mumti’(6/143).
To sum up:
If you are selling the car because you no longer want it, then there is no zakaah on it, but if it is in order to do business, earn money from it and make a profit, then you have to pay zakaah when one year has passed since you decided to trade in it. That is not affected by the fact that you are not using it.
And Allaah knows best.

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Zakaath, - Dought&clear, - * Zakaahon stagnant real estate shares

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I have invested in a property more than 3 years ago. This investment was not fruitful, until now. What is the ruling of Zakat, knowing that it is not sure that I will get the capital money back? Should I pay Zakat for the whole three years, or for only one year, knowing that this investment lasted for 8 months?.
Praise be to Allaah.
Zakaah on real estate shares should be paid as zakaah on trade goods, because these real estate companies buy land with the aim of trading in it.
When the year ends, you have to work out the value of your shares in this company and pay zakaah on them at a rate of one quarter of one tenth.
The year begins from when you took possession of wealth that reached the nisaab, with which you bought these shares.
Shaykh Ibn ‘Uthaymeen (may Allaah have mercy on him) said concerning land that belongs to a real estate company:
These shares are trade goods, it seems, because those who buy shares in land intend to trade and earn money from it. Hence they have to pay zakaah on it every year, by working out its value, then paying zakaah. So if he bought shares for thirty thousand and at the end of the year these shares are worth sixty thousand, then he has to pay zakaah on sixty thousand. 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 fromMajmoo’ Fataawa Ibn ‘Uthaymeen(18/226).
He (may Allaah have mercy on him) was also asked about a person who bought land with the aim of trading it, but it remained in his possession for a long time. Does he have to pay zakaah on it?
He replied: If a person buys land to trade it then he has to pay zakaah on it every year, whether its value increases or decreases, and whether he manages to sell it or not. He should work out its value every year, then if he has money he can pay the zakaah from the money that he has. If he does not have money then he should keep a record of the zakaah that is due every year, and when he sells it he should pay the zakaah for the past years. End quote fromLiqa’ al-Baab il-Maftooh(15/12).
But if the land or shares do not sell, and the owners put them up for sale but do not find anyone to buy them, then some of the scholars think that in this case it is like a loan that was given to a poor person who cannot afford to pay it off; zakaah is not due on it until it is sold, and he should pay zakaah for one year only. But in order to be on the safe side, he should pay zakaah for all years.
See:Majmoo’ Fataawa al-Shaykh Ibn ‘Uthaymeen(18/206).
And Allaah knows best.

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Zakaath, - Dought&clear, - * Zakaahon shares in real state companies

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Is zakaah due on shares in real estate companies?.
Praise be to Allaah.
In the answer to question no. 69912we have discussed the zakaah on shares in detail, including when it is due and when it is not due.
With regard to shares in real estate companies, one of the following two scenarios must apply:
1 – The companies buy land in order to build on it or make use of whatever buildings are on it to rent them out, for example, so there is no zakaah on these shares, rather zakaah is due on the profits only, if they reach the nisaab and one year has passed, because these lands and properties are not subject to zakaah, rather zakaah is due on their returns or income if it reaches the nisaab and one year has passed.
But it should be noted that these companies’ reserves are bound to contain cash and funds in the bank, and this money is subject to zakaah, so it is essential to know what proportion of these funds each share represents, and pay zakaah on it each year.
2 – Or the companies buy properties – land or buildings – with the aim of trading in them. These shares are regarded as trade goods, so zakaah is due on them and on their profits. So zakaah must be paid according to their value each year, plus their profits. This is the usual activity of real estate companies.
Shaykh Ibn ‘Uthaymeen (may Allaah have mercy on him) was asked about a man who bought shares in a piece of land belonging to a real-estate company. Many years have passed – how should he pay zakaah on that?
He replied:
It would seem that these shares are trade goods, because those who buy shares in land intend to trade them and earn from them, hence they have to pay zakaah on them every year, by working out their value and paying zakaah. So if a person has thirty thousand shares and at the end of the year they are worth sixthy thousand, he has to pay zakaah on sixty thousand. 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. Based on this, the questioner has to work out the zakaah for every year, and he should pay zakaah for each year. But if these shares have not yet been sold, he should pay zakaah on them when they are sold. But no one should be negligent, rather he should sell them for whatever Allaah decrees, and then pay the zakaah on them. End quote.
Majmoo’ Fataawa Ibn ‘Uthyameen, 18/226
The scholars of the Standing Committee for Issuing Fatwas were asked about a man who bought shares in a piece of land, then sold them after five years. How should he pay zakaah on them?
They replied:
He should pay zakaah for each of the four previous years, according to their value each year, whether he made a profit or not, and he should pay zakaah on the profit and on the capital for the last year. End quote.
Fataawa al-Lajnah al-Daa’imah, 9/350
This applies whether the company sells the land as it is or builds on it and then sells it.
Shaykh Ibn ‘Uthaymeen was asked about a man who buys land and, at the time of purchasing, intends to sell it when it has been built on. After the building is completed, he offers it for sale, and after receiving its price, he buys more land and so on. Does he have to pay zakaah in this case?
He replied:
The zakaah on trade goods is due on this land, because he has bought it in order to make a profit from it, and it makes no difference whether he intends to sell it before developing it or afterwards. This is like one who buys fabric in order to make a profit from it after sewing it into garments. End quote.
Majmoo’ Fataawa Ibn ‘Uthaymeen, 18/227.

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Fasting, - Doupht&clear, - * If a woman makes a mistake about when she becomes pure followingmenstruation, is she sinning?

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If a woman does not get a white discharge, and instead she waits for the bleeding to stop, the number of days (of the period) may vary from one month to the next. Is she sinning if she makes a mistake about when she becomes pure, such as if she thinks that she became pure, then after doing ghusl and praying she finds traces of it or, conversely, if she waits and misses some prayers because she thinks that she has not yet become pure, because it is difficult for her to know when she becomes pure without that white discharge? May Allaah reward you with good.
Praise be to Allaah.
Menstruation differs from one woman to another, and the signs that one woman’s period has ended may vary from time to time.
For most women the sign that the period has ended is the emission of the white discharge. For some women the sign is that the bleeding stops.
No matter what the sign is for a woman, it is not permissible for her to hasten until the sign appears, because it is not permissible for her to pray or fast when she is menstruating, until she becomes pure.
The women used to send containers to ‘Aa’ishah in which were the cotton pads with traces of yellow on them. She would say: “Do not hasten until you see the white discharge.”
This was narrated by al-Bukhaari in a mu’allaq report inKitaab al-Hayd,Baab iqbaal al-maheed wa idbaarihi(Book of Menses, Chapter on the start and end of the menstrual flow); and by Maalik, 130
If a woman makes a mistake about the time of the end of her period, based on her own reasoning, then she is not sinning, because Allaah says (interpretation of the meaning):
“And there is no sin on you concerning that in which you made a mistake, except in regard to what your hearts deliberately intend”
[al-Ahzaab 33:5]
And the Prophet (peace and blessings of Allaah be upon him) said: “Allaah has forgiven my ummah for mistakes, what they forget and what they are forced to do. “ Narrated by Ibn Maajah, 2053; classed as saheeh by al-Albaani inSaheeh Ibn Maajah.
But if she thinks that she has become pure and she prays and fasts, then she realizes that she is still menstruating, then she has to stop praying and fasting until she becomes pure, and she should make up the obligatory fasts that she observed during that time, because it is now apparent that they were not valid, because the fast of a menstruating women is not valid.
If she stops praying because she thinks that she has not yet become pure, then she finds out that she was pure, then she has to make up those prayers.
Shaykh Ibn ‘Uthaymeen (may Allaah have mercy on him) was asked (11/280) about a woman who saw a brownish discharge before her usual period, so she stopped praying, then the blood came at the usual time. What is the ruling on that?
He replied: Umm ‘Atiyyah (may Allaah be pleased with her) said: “We used to not regard the yellowish and brownish discharge after the tuhr (white discharge indicating that the period is over) as being of any significance.” Based on this, this brownish discharge that comes before the period does not seem to me to be part of the period, especially since it came before the usual time of menstruation and there were no other signs of menstruation such as cramps, backache, etc. So it is better for her to make up the prayers that she missed during this time.
He was also asked (11/275) about a woman who bled for nine days, so she did not pray, thinking that this was her period. Then a few days later her real period came – what should she do: should she make up the prayers of the days she missed or what?
He replied: it is better for her to make up the prayers that she missed during the first days, but if she does not do that there is no sin on her, because the Prophet (peace and blessings of Allaah be upon him) did not command the woman who was suffering from severe istihaadah (non-menstrual vaginal bleeding) and had stopped praying because of that, to do so. The Prophet (peace and blessings of Allaah be upon him) told her to regard six or seven days as her period and to pray during the rest of the month; he did not tell her to repeat the prayers she had missed, even though making up the prayers she had missed would have been good, because she may have been negligent in not asking before, but even though she did not repeat them there was no sin on her.
And Allaah knows best.









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