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Tuesday, July 15, 2014

Conditions for Zakaah Being Obligatory, - Dought & clear, - * Is zakaah due on his money in the bank to which he does not have access?




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My name is in the bank account but i do not have access to that account do i have to pay zakat on that money.
Praise be to Allaah.
One of the conditions of it being obligatory to pay zakaah is that one should have full possession of the minimum amount (nisaab) and some scholars say that he should full control of it; money to which the owner does not have access is not subject to zakaah because he is not in full possession of it.
It says inal-Mubdi‘(2/166) concerning the conditions of zakaah being obligatory:
… (4) Full possession, because incomplete possession is not a complete blessing and it [zakaah] is only due in return for a complete blessing, because full possession refers to what he has in hand, to which no one else has any right and he may dispose of it as he chooses and the benefits of it all come to him. This was stated by Abu’l-Ma‘aali. End quote.
Based on that, if the money in the bank is not accessible to you and you cannot withdraw it, then no zakaah is due on it, even if the money remains in the bank for several years. It comes under the same heading as wealth that is missing or has been stolen or taken by force.
Shaykh al-Islam Ibn Taymiyah (may Allah have mercy on him) said: It [zakaah] is not due on a debt owed by one who is in difficulty or one who is taking too long to pay or the one who denies (that he owes anything), or wealth that has been taken by force, stolen or lost, or wealth that has been buried and its location forgotten or wealth when it is not known who has it. This is one report from Ahmad, and it is the view favoured by and regarded as sound by a number of his companions. It is also the view of Abu Haneefah. End quote.
Al-Ikhtiyaaraat, p. 146
It is better and more on the safe side if, when taking possession of the money even if it is after several years, to pay zakaah of one year.
Shaykh Ibn ‘Uthaymeen (may Allah have mercy on him) was asked about orphans who have money in the bank and are not able to access it until after they grow up.
He replied: … Zakaah must be paid on the money of these orphans who are minors, but if it is in the bank and they have no access to it and cannot withdraw it from the bank, then they do not have to pay zakaah during the period in which the bank withholds it, because they are not able to make use of their money, so it is like a debt owed by one who is in difficulty. But when they take it from the bank, they should pay zakaah for one year only.
End quote fromNoor ‘ala al-Darb.
And Allah knows best.





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Conditions for Zakaah Being Obligatory, - Dought & clear, - * Evidence from the Sunnah forthe rate of zakaah being 2.5%




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When and Who had decided the percentage(2.5%) of Zakat. Request to give reference of Quran or Hadith.
Praise be to Allaah.
The saheeh Sunnah states that the zakaah on gold and silver is one quarter of one tenth, i.e., 2.5%. A similar rate applies to trade goods and currency nowadays.
Al-Bukhaari (1454) narrated from Anas (may Allah be pleased with him) that Abu Bakr (may Allah be pleased with him) wrote to him this document when he sent him to Bahrain: “This is the obligatory charity that the Messenger of Allah (blessings and peace of Allah be upon him) enjoined upon the Muslims and that Allah enjoined upon His Messenger:… for silver, one quarter of one tenth.”
Abu Dawood (1572) narrated from ‘Ali (may Allah be pleased with him) that the Prophet (blessings and peace of Allah be upon him) said: “If you have two hundred dirhams and one full year has passed, then five dirhams are due on them. You do not have to pay anything - i.e. on gold -- unless you have twenty dinars; if you have twenty dinars and one full year has passed, then half a dinar is due on them, and if the number increases then work it out on this basis.”
Classed as saheeh by al-Albaani inSaheeh Abi Dawood.
Ibn Maajah (1791) narrated from Ibn ‘Umar and ‘Aa’ishah (may Allah be pleased with them both) that the Prophet (blessings and peace of Allah be upon him) used to take from every twenty dinars or more, half a dinar, and from forty dinars, one dinar.
Classed as saheeh by al-Albaani inSaheeh Ibn Maajah.
Ibn Abi Shaybah narrated inal-Musannad(9966) with a jayyid isnaad from ‘Ali (may Allah be pleased with him) that he said: Nothing is due on anything less than twenty dinars; for twenty dinars, half a dinar is due; for forty dinars, one dinar is due. For anything more than that, it is to be worked out.
Irwa’ al-Ghaleel, 3/291
These hadeeths indicate that the zakaah on gold and silver is 2.5%, and there is scholarly consensus on this point.
It says inal-Mawsoo‘ah al-Fiqhiyyah(21/29-30):
The fuqaha’ are unanimously agreed that the threshold for gold at which zakaah becomes due is twenty dinars. When it reaches that amount, one quarter of one tenth should be paid on it. End quote.
It says inFataawa al-Lajnah al-Daa’imah:
What is required is to pay one quarter of one tenth on what you have of gold or silver or currency or trade goods, if all of that reaches the minimum threshold by itself or when added to whatever you have of other wealth that is subject to zakaah, whether it is money or trade goods, and one year has passed. End quote.
Fataawa al-Lajnah al-Daa’imah, 9/439
Secondly:
With regard to when the obligatory duty of zakaah began, that was in Makkah before the Hijrah, then from the second year AH the definition of the rates and the detailed rulings were established.
Hence some scholars say that zakaah was made obligatory in the second year AH.
Ibn Katheer (may Allah have mercy on him) said:
It is not far-fetched to say that the principle of obligatory charity (zakaah) was enjoined at the beginning of the Prophet’s mission, as in the verse (interpretation of the meaning):“but pay the due thereof on the day of their harvest” [al-An‘aam 6:141]. As for the zakaah in which there is a minimum threshold and set rates, that was introduced in Madeenah. End quote.
He also said:
The obligation of zakaah came in the second year AH in Madeenah, according to what was stated by more than one. End quote.
Tafseer Ibn Katheer, 7/164
Al-Haytami said inTuhfat al-Muhraaj(3/209):
The obligation to pay zakaah on one’s wealth came in the second year AH, after sadaqat al-fitr was introduced. End quote.
InHaashiyat al-Bujayrami ‘ala al-Khateeb(2/313) it says:
With regard to the words “was enjoined in the second year”, there was a difference of opinion as to which month that happened in. What was stated by our shaykh al-Baabili is that the most well known view of the hadeeth scholars is that it was enjoined in Shawwaal of the year mentioned. End quote.
See:Asna’l-Mataalib, 4/175;Kashshaaf al-Qinaa‘, 2/166
Shaykh Ibn ‘Uthaymeen (may Allah have mercy on him) said:
Zakaah was enjoined, according to the soundest opinion of the scholars, in Makkah, but the definition of the minimum threshold and types of wealth on which zakaah is due, and who is entitled to zakaah, came in Madeenah. End quote.
Majmoo‘ Fataawa Ibn ‘Uthaymeen, 13/1357
And Allah knows best.





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Conditions for Zakaah Being Obligatory, - Dought & clear, - * Evidence from the Sunnah forthe rate of zakaah being 2.5%




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When and Who had decided the percentage(2.5%) of Zakat. Request to give reference of Quran or Hadith.
Praise be to Allaah.
The saheeh Sunnah states that the zakaah on gold and silver is one quarter of one tenth, i.e., 2.5%. A similar rate applies to trade goods and currency nowadays.
Al-Bukhaari (1454) narrated from Anas (may Allah be pleased with him) that Abu Bakr (may Allah be pleased with him) wrote to him this document when he sent him to Bahrain: “This is the obligatory charity that the Messenger of Allah (blessings and peace of Allah be upon him) enjoined upon the Muslims and that Allah enjoined upon His Messenger:… for silver, one quarter of one tenth.”
Abu Dawood (1572) narrated from ‘Ali (may Allah be pleased with him) that the Prophet (blessings and peace of Allah be upon him) said: “If you have two hundred dirhams and one full year has passed, then five dirhams are due on them. You do not have to pay anything - i.e. on gold -- unless you have twenty dinars; if you have twenty dinars and one full year has passed, then half a dinar is due on them, and if the number increases then work it out on this basis.”
Classed as saheeh by al-Albaani inSaheeh Abi Dawood.
Ibn Maajah (1791) narrated from Ibn ‘Umar and ‘Aa’ishah (may Allah be pleased with them both) that the Prophet (blessings and peace of Allah be upon him) used to take from every twenty dinars or more, half a dinar, and from forty dinars, one dinar.
Classed as saheeh by al-Albaani inSaheeh Ibn Maajah.
Ibn Abi Shaybah narrated inal-Musannad(9966) with a jayyid isnaad from ‘Ali (may Allah be pleased with him) that he said: Nothing is due on anything less than twenty dinars; for twenty dinars, half a dinar is due; for forty dinars, one dinar is due. For anything more than that, it is to be worked out.
Irwa’ al-Ghaleel, 3/291
These hadeeths indicate that the zakaah on gold and silver is 2.5%, and there is scholarly consensus on this point.
It says inal-Mawsoo‘ah al-Fiqhiyyah(21/29-30):
The fuqaha’ are unanimously agreed that the threshold for gold at which zakaah becomes due is twenty dinars. When it reaches that amount, one quarter of one tenth should be paid on it. End quote.
It says inFataawa al-Lajnah al-Daa’imah:
What is required is to pay one quarter of one tenth on what you have of gold or silver or currency or trade goods, if all of that reaches the minimum threshold by itself or when added to whatever you have of other wealth that is subject to zakaah, whether it is money or trade goods, and one year has passed. End quote.
Fataawa al-Lajnah al-Daa’imah, 9/439
Secondly:
With regard to when the obligatory duty of zakaah began, that was in Makkah before the Hijrah, then from the second year AH the definition of the rates and the detailed rulings were established.
Hence some scholars say that zakaah was made obligatory in the second year AH.
Ibn Katheer (may Allah have mercy on him) said:
It is not far-fetched to say that the principle of obligatory charity (zakaah) was enjoined at the beginning of the Prophet’s mission, as in the verse (interpretation of the meaning):“but pay the due thereof on the day of their harvest” [al-An‘aam 6:141]. As for the zakaah in which there is a minimum threshold and set rates, that was introduced in Madeenah. End quote.
He also said:
The obligation of zakaah came in the second year AH in Madeenah, according to what was stated by more than one. End quote.
Tafseer Ibn Katheer, 7/164
Al-Haytami said inTuhfat al-Muhraaj(3/209):
The obligation to pay zakaah on one’s wealth came in the second year AH, after sadaqat al-fitr was introduced. End quote.
InHaashiyat al-Bujayrami ‘ala al-Khateeb(2/313) it says:
With regard to the words “was enjoined in the second year”, there was a difference of opinion as to which month that happened in. What was stated by our shaykh al-Baabili is that the most well known view of the hadeeth scholars is that it was enjoined in Shawwaal of the year mentioned. End quote.
See:Asna’l-Mataalib, 4/175;Kashshaaf al-Qinaa‘, 2/166
Shaykh Ibn ‘Uthaymeen (may Allah have mercy on him) said:
Zakaah was enjoined, according to the soundest opinion of the scholars, in Makkah, but the definition of the minimum threshold and types of wealth on which zakaah is due, and who is entitled to zakaah, came in Madeenah. End quote.
Majmoo‘ Fataawa Ibn ‘Uthaymeen, 13/1357
And Allah knows best.





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Conditions for Zakaah Being Obligatory, - Dought & clear, - * Is zakaah waivedbecause of having to offerexpiation (kafaarah)?




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If a person has to offer expiation for manslaughter or accidental killing (which is to free a slave), is zakaah on his wealth waived in return for freeing the slave or does he have to pay zakaah on all his wealth?.
Praise be to Allaah.
Firstly:
What is required of the one who possesses wealth that is subject to zakaah is to pay zakaah on it when one year has passed since he acquired it, even if he owes a debt, according to the more correct of the two scholarly opinions. Debt should not be deducted from the total amount of wealth on which he is paying zakaah, and it makes no difference whether the time paying the debt is deferred or it is due at present. Please see the answer the questions 22426and 106434.
Secondly:
Once it is established that debt does not mean that zakaah is waived, then there is no difference between a debt that is owed to Allah, may He be exalted, such as zakaah, expiation and vows, and debts that are owed to other people.
It says inMughni al-Muhtaaj(2/125): Debt does not mean that [zakaah] is waived, whether it is presently due or not, whether it is of the same type of wealth or not, or whether it is due to Allah, such as zakaah, expiation and vows, or not, according to the most correct opinion and because of the general meaning of the evidence for zakaah being obligatory. End quote.
And Allah knows best.



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