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Thursday, July 10, 2014

Zakaath, - Dought&clear, - * His property is for rent – does he have to pay zakaah on it?




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If a person has property that he has prepared to rent out, does he have to pay zakaah on this property?.
Praise be to Allaah.
Shaykh Muhammad ibn ‘Uthaymeen (may Allaah have mercy on him) said:
There is no zakaah on this property, because the Prophet (peace and blessings of Allaah be upon him) said: “There is no zakaah due on the Muslim’s slave or horse.” Rather zakaah is due on the rents, if one hijri year passes from the time of the contract. For example:
A man rents out this house for ten thousand, and receives ten thousand after the year is over. He has to pay zakaah on this money, because one year has passed since the contract was signed. Another man rented out his house for ten thousand, five thousand of which is paid at the time of signing the contract, which he spent within two months, and five thousand was to be paid halfway through the year, which he took and spent within two months. When the year ended he did not have anything left of the rent, so no zakaah was due on it, because no full year passed with the money in his possession. In order for zakaah to be obligatory, a full year should pass with it in the person’s possession.
Majmoo’ Fataawa Ibn ‘Uthaymeen, 18/208.




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Zakaath, - Dought&clear, - * I have a share in some land – how should I pay zakaah on that share?




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A man bought a share of some land belonging to a property company. Many years have passed since then. How should he pay zakaah on it, knowing that his share is worth thirty thousand riyaals?.
Praise be to Allaah.
Shaykh Muhammad ibn ‘Uthaymeen (may Allaah have mercy on him) said:
It seems to be the case that this share is a kind of trade goods, because those who buy shares in land intend to trade them and make money. Hence they have to pay zakaah on them every year, by calculating their value and then paying zakaah. If he bought a share of thirty thousand, and after one year has passed this share is worth sixty thousand, then he must pay zakaah on sixty thousand. If after one year has passed the thirty thousand is now worth only ten thousand, then he only has to pay zakaah on ten thousand. Based on this, the questioner should pay the zakaah for each year that he did not pay zakaah. But if these shares have not been sold until now, then if they are sold he should pay the zakaah. But no one should take this matter lightly, rather he should sell them for whatever price he can get, and then pay the zakaah.
Majmoo’ Fataawa, 18/226.





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Fasting, - Doupht&clear, - * Her period comes twice a month – should she stop praying and fasting each time?




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I have some health problems and my period comes twice each month, and lasts for seven to ten days each time. How should I fast in Ramadaan, and how should I pray?.
Praise be to Allaah.
The ruling depends on the reason for it; if the reason is present, the ruling applies. If there is menstrual blood which is known by its characteristics and colour, then the woman must follow the rulings on menstruation, and prayer, fasting and intercourse are forbidden at that time, even if it happens more than once in a month and even if it lasts more than the usual number of days each month.
Shaykh Ibn ‘Uthaymeen (may Allaah have mercy on him) was asked about a woman whose period came, then she became pure and did ghusl, then after she had prayed for nine days, she started to bleed again, so she did not pray for three days, then she became pure and prayed for eleven days, then her period came again as usual. Should she repeat the prayers she offered during those three days or should they be regarded as part of her period?
He replied:
When the period comes it is hayd (menstruation) regardless of whether a long time or a short one has passed between it and the previous period. If a woman has her period then becomes pure, then after five days, or six, or ten, her period comes again, she should stop praying because this is hayd. This applies all the time. Every time she becomes pure then her period comes again, she has to stop praying etc. But if she bleeds continually and it only stops for a short while, then she is mustahaadah (one who suffers from istihaadah or non-menstrual vaginal bleeding), and in that case she should only stop praying for the duration of her normal menses.
Majmoo’ Fataawa al-Shaykh Ibn ‘Uthaymeen, 11 Shawwaal 230.
And Allaah knows best.





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Fasting, - Doupht&clear, - * If a pregnant woman feels a bit tired can she break her fast?




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Can a pregnant woman break her fast in Ramadan if she feels a bit tired?.
Praise be to Allaah.
It should be noted that not every kind of tiredness or hardship is regarded as an excuse which makes it permissible not to fast in Ramadaan, because fasting is not free of some tiredness and hardship, but in most cases it is a small-scale, ordinary kind of hardship.
Based on this, if a pregnant woman feels a little bit tired, one of the following two scenarios must apply:
1 – when she feels a little tired but it does not cause intense, extraordinary hardship, and she does not fear for herself or her unborn child. In this case she is obliged to fast and it is not permissible for her to break the fast.
2 – when the hardship experienced is severe and she fears that she or her unborn child may be harmed. In this case it is better for her not to fast, and that may be obligatory for her.
See also questions no. 3434and 50005.
The fact that a pregnant woman is permitted not to fast is indicated by the words of the Prophet (peace and blessings of Allaah be upon him): “Allaah has waived half of the prayer and fasting from the traveller, and from pregnant and breastfeeding women.” Narrated by al-Nasaa’i, 2274; classed as hasan by al-Albaani inSaheeh Sunan al-Nasaa’i.
If a pregnant woman does not fast, then she is obliged to make up the days when she did not fast. Does she also have to feed poor people for the days when she did not fast because she feared for her unborn child? There is a difference of opinion among the fuqaha’ concerning that.
Shaykh Ibn ‘Uthaymeen (may Allaah have mercy on him) said, when discussing the differences of scholarly opinion concerning what a pregnant woman must do if she does not fast:
The third view is that she has to make up the fasts only and does not have to feed poor people. This is the most correct view in my opinion, because the situation of pregnant and breastfeeding women is no different to that of sick people and travellers, so they have to make up the fasts only.
And Allaah knows best.




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