Conditions for Zakaah Being Obligatory, - Dought & clear, - * One year has passed since the estate was divided and hehas not received anything; does he have to pay zakaah on it?

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My father died and the estate was divided, but I have not received my share from my brothers until now, and one year has passed since it was divided. Do I have to pay zakaah on my share of the inheritance?.
Praise be to Allaah.
If the estate consisted of wealth on which zakaah is due, such as gold, silver and cash, and your share of it reached the minimum threshold (nisaab) by itself or when added to similar wealth that you already possess, then zakaah must be paid on it when one year has passed, even if you have not received it, because it is wealth that belongs to you, unless it is wealth that you have no hope of obtaining because of denial on the part of the one who has control of it, or because a persistent delay in giving it to you. In that case you do not have to pay zakaah on it until you take possession of it and start counting the year for it from that time.
The scholars of the Standing Committee for Issuing Fatwas were asked: When should zakaah be paid on inheritance? Is that when it is received or after one year has passed? And what about gifts if they are cash or real estate?
They replied:
Zakaah must be paid on a legacy when one year has passed since the death of the person who left it behind, because possession of the estate is transferred from the deceased to the heir from the date of death. (Zakaah must be paid on it) if the heir’s share reaches the minimum threshold of cash or gold or silver jewellery. With regard to other kinds of legacies, no zakaah is due on them unless the heir has prepared them for trade, in which case he should start counting the year for zakaah from the date when he prepared it for that purpose. With regard to real estate, it is not subject to zakaah if it is not for trade, but if it is rented out then zakaah must be paid on the rent if it reaches the minimum threshold by itself or when added what one has of cash or trade goods, after one year has passed. If the estate was in the form of camels, sheep or cattle, if they are for trade then the zakaah of trade goods must be paid on them, but if they are to be kept, there is no zakaah on them, except in two cases:
(i) if they reach the nisaab
(ii) if they are put out to pasture for the entire year or most of it.
In the case of a gift, the ruling is the same as that on something received by way of inheritance, as outlined above.
End quote.
Fataawa al-Lajnah al-Daa’imah, 9/305
If your siblings are going to delay the sharing out of the money, then they should agree to pay zakaah on the total amount and delegate one of your number to do that, because it is not permissible to delay paying zakaah from the time it is due.
And Allah knows best.

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Conditions for Zakaah Being Obligatory, - Dought & clear, - * He bought an apartment for investment and it was not handed over tohim and the company has gone bankrupt; doeshe have to pay zakaah?

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Ive invested to buy flats, unfortunately the company has gone bankrupt, I'was suppose to get my flats last year. My intention was to rent these flats, i'm not sure when the flats will be handed over to me, my question is, do i need to pay zakah on the money i've paid. Please note as per the deal the comapny has given me a check of 50,000 to encash it after the hand over of the flats (this was additional to the flats). I've the checque with me, but they are not allowing me to enchash it, as they've gone bankcrupt. Do i need to pay zakaah on this check amount. Kindly advise.
Praise be to Allaah.
Your buying the apartment must be either of two scenarios:
1. You bought it to live in or to rent it out; in this case no zakaah is due on it or on the money that you put down to purchase it, but if it is rented out, you should pay zakaah on the rent when one full year has passed, if it reaches the nisaab (minimum threshold) by itself or when added to other wealth you have;
2. Or you bought the apartment with the intention of trading in it, i.e., selling it. In this case, the issue of zakaah is subject to further discussion:
a. If the construction of the apartment has been completed, it should be evaluated when one full year has passed and zakaah should be paid on it.
b. If construction has not been completed, then there is a difference of opinion with regard to paying zakaah on it during the construction phase. Some of the scholars say that zakaah must be paid on it, so zakaah should be paid on its capital or on its value if it has a value greater than the capital, taking into account the value of the land and construction materials, if the purchaser of the apartment owns a share of the land.
And some of the scholars said that no zakaah is to be paid on real estate until construction is complete.
And some scholars said that if it is offered for sale during construction, zakaah must be paid on it, but if it is not offered for sale, no zakaah is due on it until construction is complete.
See:al-Zakaah fi’l-‘Aqaarby Dr. Saalih ibn ‘Abd-Allah al-Laahim.
But if the company has gone bankrupt and has not handed over your apartment, then the money you paid is regarded as a debt owed by the company, and if a debt is owed by someone who has gone bankrupt or is taking a long time to pay it back, no zakaah is due until the money is received then one full year has passed, but if the person pays one year’s zakaah on it when he takes possession of it, that is more on the safe side.
The same may be said concerning the cheque that has been given to you; it is a debt that is owed by the one who is bankrupt, so zakaah does not have to be paid on it until you take possession of the money and one full year has passed, but if you pay one year’s zakaah on it when you take possession of it, that is good.
To sum up: if the apartment was intended to be kept and lived in or rented out, you do not have to pay any zakaah on it. But if you bought it with the intention of selling it, then the company went bankrupt and did not hand over the apartment, you do not have to pay any zakaah either until you get your money back or the apartment is handed over to you.
And Allah knows best.

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Conditions for Zakaah Being Obligatory, - Dought & clear, - * Questions about zakaah on jewellery and how it should be paid and who should pay it

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I got married in December 2005 and I was given a considerable amount of Gold jewellery by my parents and in laws on which zakat is wajib. When I came to Canada I brought some gold jewellery with me and the big ones are back at my home. My father is paying zakat for the rest of my jewellery since the time they were bought. Now my question is 1)Can my father pay my zakat or does my husband has to pay my zakat as I have no source of income? 2) I sold gold [jewellery] that I used to wear for some time but I did not pay zakat on it. What I should do about its zakat, given that I sold it for about $2000. 3) As my husband is a student so he doesn't have any income either. But is it possible for me to pay my zakat all together after he gets a job or do I have to pay my zakat by my income (I don't have any income as I'm a housewife)? 4)Now the month of Ramadan has passed I did not pay zakat. Did I have to pay in Ramadan as I have not , can I pay now? Please clarify in detail what will be the calculation procedure?.
Praise be to Allaah.
Firstly:
Zakaah is obligatory on the owner of the wealth and the owner of the gold, but it is permissible for someone else to pay it on his behalf with his permission.
Based on that, your husband or your father may pay zakaah on your behalf with your permission and he will be doing an act of kindness. It is only stipulated that it be done with your permission and your knowledge, because zakaah is an act of worship in which the intention is essential. So you may form the intention to pay zakaah through your father or your husband.
Secondly:
If the time for paying your zakaah comes in Ramadan, for example, and you sold some of your gold during the year, if the cash stayed with you until Ramadan, then you have to pay zakaah on it at a rate of one quarter of one tenth (2.5 %). If you spent the money before Ramadan, then you do not have to pay anything.
If one year had passed for the gold and you had not paid zakaah on it, then you sold the gold, you have to pay the zakaah that you did not pay because it is a debt that you owe.
Thirdly:
As we mentioned above, the owner of the wealth has to pay zakaah on it, but it is permissible for someone else to volunteer to pay it. If you have gold but you do not have cash and your husband or father does not volunteer to pay zakaah on your behalf, then you should pay it from the gold itself or sell part of it in order to pay zakaah.
Fourthly:
Zakaah does not have to be paid in Ramadan; rather it has to be paid when one year has passed (since it was acquired and every year thereafter). If you took possession of the gold in Ramadan, then the time for the zakaah is in Ramadan. If you took possession of it in Muharram, then zakaah must be paid in Muharram, and so on.
If we assume that the time for paying your zakaah is in Ramadan, but you were late in paying it, then you have to pay it now, because zakaah is a duty that must be fulfilled immediately and it is not permissible to delay it beyond the time when it is due.
How to pay zakaah:
Work out the value of the gold when one year has passed, then pay 2.5% of this value. This is done by seeing how much the gold would be sold for in the market if you wanted to sell it. This takes into account the quantity of the gold, the carat and whether it is used gold. If the gold that you have is worth 100,000 for example, then you have to pay 2.5%, i.e., 2,500.
And Allah knows best.

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Conditions for Zakaah Being Obligatory, - Dought & clear, - * There is no zakaah on machinery; zakaah of one who is in debt

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My brother need help to calculate zakat..... he is not sure what will be his zakat as he has loans and his deposits are just three months old...though he has machinery in his factory....will he pay zakat on that... kindly explain the situation so i can make him understand.
Praise be to Allaah.
Firstly:
Whoever possesses wealth on which zakaah is due, and owes a debt, must pay the zakaah; the debt does not make any difference. This is the view of Imam al-Shaafa’i (may Allaah have mercy on him).
That is because of the general meaning of the evidence which indicates that zakaah is due on one who possesses wealth that reaches the minimum threshold (nisaab).
The Prophet (peace and blessings of Allaah be upon him) used to send his agents to collect zakaah, and he did not tell them to ask whether those who had wealth owed debts or not.
Zakaah has to do with the wealth itself, and the debt has to do with the person’s obligations, and the one does not rule out the other.
Shaykh Ibn Baaz (may Allaah have mercy on him) said: As for the debt that he owes, that does nor rule out zakaah according to the soundest scholarly opinion. End quote fromMajmoo’ Fataawa al-Shaykh Ibn Baaz, 14/189.
Shaykh Ibn ‘Uthaymeen (may Allaah have mercy on him) said: What I think is most likely to be correct is that zakaah is obligatory regardless of debt; even if a person owes a debt that reduces the nisaab, except a debt which is due before zakaah before due, in which case he should pay it off and then pay zakaah on whatever is left after that. End quote fromal-Sharh al-Mumti’, 6/39.
See:al-Majmoo’, 5/317;Nihaayat al-Muhtaaj, 3/133;al-Mawsoo’ah al-Fiqhiyyah, 23/247.
Based on this, if one year has passed since the wealth reached the nisaab, then your brother has to pay zakaah, regardless of any debts he may owe. But if the time for paying the debt comes before the time for praying zakaah, then he should pay off the debt, then pay zakaah on what is left.
Secondly:
If a person owns the nisaab in cash and one year has passed, then he should pay zakaah at a rate of one-quarter of one-tenth (2.5%). This nisaab is the equivalent of 85 grams of gold or 595 grams of silver.
The reckoning of the year begins when he takes possession of the nisaab, not when he puts it in the bank.
If he invests this money in a manner that is acceptable in sharee’ah, then he must pay zakaah on both the capital and the profit at the time when he pays zakaah on the capital.
If the money earns a profit in the last three months of the year, then the year for the capital comes, he must pay zakaah on both the capital and the profit, even though one year has not yet passed for the profit, because it is connected to the capital.
It should be noted that putting money in the bank in return for interest is a kind of riba which Allaah and His Messenger have forbidden, and it is a major sin.
It is permissible to put money in the bank in cases of necessarily, to protect it, subject to the condition that there be no interest. See questions no. 49677and 22392.
Thirdly:
Zakaah is only due on the types of wealth specified in sharee’ah, such as cash money, an’aam animals (camels, cattle, sheep and goats) and trade goods. No zakaah is due on houses, cars or buildings that a person owns, unless one intends to trade in them.
Factories usually contain products and goods that are for trade, so these are subject to the zakaah on trade goods. Their value should be estimated at the end of the year, and one-quarter of one-tenth of their value should be paid.
And they contain fixtures and fittings that are not intended for sale; no zakaah on due on these.
It says in Kashshaaf al-Qinaa’ (2/244): No zakaah is due on machinery, the belongings of merchants, the bottles of perfume-sellers, the jars of grocers, and so on, and the same applies to those who deal with oil and honey, except if he intends to sell them (those bottles and jars) with their contents. In that case he must pay zakaah for both bottles and contents, because they are trade goods. End quote.
Shaykh Ibn Baaz (may Allaah have mercy on him) said: Zakaah is due from owners of printing presses or factories only on things that are prepared for sale. As for things that are prepared for use, there is no zakaah on them. The same applies to cars, furniture and vessels that are prepared for use – no zakaah is due on them, because of the report narrated by Abu Dawood (may Allaah have mercy on him) in hisSunanwith a hasan isnaad from Samurah ibn Jundub (may Allaah be pleased with him), who said: The Messenger of Allaah (peace and blessings of Allaah be upon him) commanded us to pay zakaah on that which we had prepared for sale. End quote fromMajmoo’ Fataawa al-Shaykh Ibn Baaz, 14/186
And Allaah knows best.

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