Taraaweeh prayers, - Dought&clear, - * Is the du’aa’ of Witr obligatory, andwhat should a person say if he cannot memorize it?

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I have noticed that it takes me time to learn a certain dua or surah by heart .i know that dua -e - qunood is farz in 3 witr prayer of the isha prayer...i always used to read some other surah instead of this dua as i did not know the dua by heart but i recently found out that it is farz so i tried to learn the dua but it is taking me time...so for several days i have been doing this that when i do 3 witr , in the third rakah i read from a book which i pick up from the side table during the prayer..i still face the qiblah when i pick it up, infact i do not have to move to pick it up....i want to know if that is allowed that u read a surah or dua from a book during the prayer.
Praise be to Allaah.
1 – There is noting wrong with reading the du’aa’ of Qunoot from a piece of paper or a booklet in Witr prayer until one is able to memorize it, after which you can stop reading it and can recite it from memory. It is also permissible to recite Qur’aan from the Mus-haf during naafil prayers for those who have not memorized a lot of Qur’aan.
Shaykh Ibn Baaz was asked about the ruling on reading Qur’aan from the Mus-haf in Taraaweeh prayer, and what the evidence is for that from the Qur’aan and Sunnah.
He replied:
There is nothing wrong with reading from the Mus-haf when praying at night during Ramadaan because that will enable the believers to hear all of the Qur’aan. And because the evidence of sharee’ah from the Qur’aan and Sunnah indicates that it is prescribed to recite Qur’aan in prayer, which includes both reading it from the Mus-haf and reciting it by heart. It was narrated from ‘Aa’ishah (may Allaah be pleased with her) that she told her freed slave Dhakwaan to lead her in praying night prayers during Ramadaan, and he used to read from the Mus-haf. This was narrated by al-Bukhaari (may Allaah have mercy on him) in hisSaheeh, in a mu’allaq majzoom report.
Fataawa Islamiyyah, 2/155
2 – It is not obligatory for the du’aa’ of Qunoot to be in the words narrated from the Prophet (peace and blessings of Allaah be upon him); rather it is permissible for the worshipper to say other words or to add to them. Even if he were to recite verses from the Qur’aan that include words of supplication, that would be sufficient. Al-Nawawi (may Allaah have mercy on him) said: Note that there is no specific du’aa’ for Qunoot according to the preferred point of view. Any du’aa’ that is said will serve as Qunoot, even if one recites a verse or verses from the Qur’aan that include words of supplication, this will count as Qunoot, but it is better to recite the words that were narrated in the Sunnah.
Al-Adhkaar al-Nawawiyyah, p. 50
3 – As for what the brother mentions about reciting Qur’aan instead of the du’aa’ of Qunoot, there is no doubt that he should not do this, because the purpose behind Qunoot is du’aa’ or supplication. Hence if these verses include words of supplication, it is permissible to recite them as Qunoot, for example, the verse in which Allaah says (interpretation of the meaning):
“Our Lord! Let not our hearts deviate (from the truth) after You have guided us, and grant us mercy from You. Truly, You are the Bestower”
[Aal ‘Imraan 3:8]
4 – With regard to what the brother says about Qunoot being obligatory, this is not correct, because Qunoot is Sunnah. Based on this, if a worshipper omits Qunoot, his prayer is still valid.
Shaykh Ibn Baaz (may Allaah have mercy on him) was asked about the ruling on reciting the du’aa’ of Qunoot in Witr during the nights of Ramadaan, and whether it is permissible to omit it.
He replied:
Qunoot is Sunnah in Witr and if a person omits it sometimes, there is nothing wrong with that.
And he was asked about a person who always recites Qunoot in Witr every night – was that narrated from our forebears (the salaf)?
He replied:
There is nothing wrong with that, rather it is Sunnah, because when the Prophet (peace and blessings of Allaah be upon him) taught al-Husayn ibn ‘Ali (may Allaah be pleased with him) to say Qunoot in Witr, he did not tell him to omit it sometimes or to do it all the time. This indicates that either is permissible. Hence it was narrated that when Ubayy ibn Ka’b (may Allaah be pleased with him) led the Sahaabah in prayer in the Mosque of the Messenger of Allaah (peace and blessings of Allaah be upon him), he used to omit Qunoot some nights; perhaps that was in order to teach the people that it is not obligatory. And Allaah is the Source of strength.
Fataawa Islamiyyah, 2/159.

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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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