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Friday, July 18, 2014

Conditions for Zakaah Being Obligatory, - Dought & clear, - * If wealth dips below the nisaab during the year




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I have had 10 000 riyals for ten months. Then I bought some things for my home and I had only 500 riyals remaining. Then I received my salary so it became 10 000 again. Do I have to pay Zakat on them?.
Praise be to Allaah.
One of the conditions of zakaah being obligatory on money is that one year has passed since you acquired the nisaab, because of the report narrated by Ibn Majaah (1792) from ‘Aa’ishah (may Allaah be pleased with her) who said: I heard the Messenger of Allaah (peace and blessings of Allaah be upon him) say: “There is no zakaah on wealth until one year has passed.” Classed as saheeh by al-Albaani inIrwa’ al-Ghaleel(no. 787).
Based on this, if the money dips below the nisaab during the year, either because one sells livestock or some of them die, or there is a dip in the money, then zakaah is no longer obligatory, because if the wealth dips below the nisaab during the year, then one full year has not passed since it was acquired, so no zakaah is due on it.
Then if the wealth reaches the nisaab again, then you have to start counting a new year from when it reached the nisaab.
Al-Nawawi (may Allaah have mercy on him) said inal-Majmoo’(5/506): Our view and the view of Maalik, Ahmad and the majority, is that with regard to wealth that is subject to zakaah and where one year must pass before zakaah is paid, such as gold, silver and livestock, it is essential that the nisaab be present throughout the year. If it dips below the nisaab at any point during the year, the year is cancelled. If it reaches the nisaab again after that, then a new year must be counted from when it reached the nisaab again. End quote.
Al-Bahooti (may Allaah have mercy on him) said inKashshaaf al-Qinaa’(2/179): If the (wealth) dips below the nisaab partway through the year, then it is cancelled, because being above the nisaab throughout the entire year is one of the conditions of zakaah being obligatory. End quote.
Based on this, no zakaah is due on this money that dipped below the nisaab, and a new year should be counted from when you receive the salary that will bring your wealth back up to the nisaab.
And Allaah knows best.




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Conditions for Zakaah Being Obligatory, - Dought & clear, - * Paying zakaah ahead of time and how to pay zakaah if his money is in theIslamic bank




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I have an amount in an Islamic bank. Is it permissible for me to pay Zakat in advance during the year? Like when I receive interest; as I fear when the time of paying it comes, I will not have money to pay it.
Do we give Zakat out of the capital only or of capital and interest together?.
Praise be to Allaah.
Firstly:
It is not permissible for a Muslim to invest his wealth in a riba-based bank, or that which is called Islamic but is not, rather it should be Islamic in nature as well as in name. If the bank is Islamic and does not deal in riba by taking or giving interest, and it invests its wealth and distributes the profits to the investors in accordance with the rulings of Islamic sharee’ah, then there is nothing wrong with investing money in it.
See also the answer to question no. 47651
Secondly:
With regard to paying zakaah in advance, the correct view is that it is permissible, and this is the view of the majority of scholars, but it is better not to pay zakaah in advance, unless there is a reason for doing so.
Shaykh al-Islam Ibn Taymiyah (may Allaah have mercy on him) said: As for paying zakaah before it is due, that is permissible according to the majority of scholars, such as Abu Haneefah, al-Shaafa’i and Ahmad, and it is permissible to pay zakaah in advance on livestock and gold and silver, and trade goods, if he owns the nisaab (minimum threshold). End quote.
Majmoo’ al-Fataawa(25/85, 86)
The scholars of the Standing Committee for Issuing Fatwas said:
There is nothing wrong with paying zakaah one or two years in advance, if that will serve an interest, and giving it to the poor and needy on an annual basis. End quote.
Shaykh ‘Abd al-‘Azeez ibn Baaz, Shaykh ‘Abd al-Razzaaq ‘Afeefi, Shaykh ‘Abd-Allaah ibn Ghadyaan.
Fataawa al-Lajnah al-Daa’imah(9/422).
Shaykh Muhammad ibn Saalih al-‘Uthaymeen (may Allaah have mercy on him) was asked:
What is the ruling on paying zakaah for several years in advance to disaster victims?
He replied:
Paying zakaah more than a year in advance is valid, but it is only permissible for a few years, and it is not permissible for more than that. But one should not pay zakaah in advance unless it is in response to a need such as a severe famine or jihad and the like. In that case we say that it should be paid in advance, because there may be reason to make what is ordinarily less appropriate more appropriate, otherwise it is better not to pay zakaah until it becomes due, because something could happen to his wealth of destruction and the like. Whatever the case, it should be noted that if he subsequently has more than he had when he paid in advance, zakaah must be paid on the additional amount.
Fataawa al-Shaykh al-‘Uthaymeen(18/328).
Thirdly:
Zakaah must be paid on all the money – both the capital and the profits – when one year has passed from the time when the capital was acquired and reached the nisaab. The year in question is a hijri year.
The scholars of the Standing Committee for Issuing Fatwas were asked:
I have some wealth worth fifteen thousand riyals (15,000) which I gave to a man to do business with, on the basis that he would have half of the profits. Is any zakaah due on this money? Which should I pay zakaah on, the capital, the profit or both? If zakaah is due on the capital and we bought goods with the capital such as carpets, furniture and the like, what is the ruling in that case?
They replied:
Zakaah is due on the wealth mentioned which has been prepared for trade, when one year has passed. Zakaah should be paid on the capital as well as the profits when one year has passed, even if the money was used to buy trade goods. Their value should be worked out based on the market price at that time, when one year has passed, and zakaah should be paid at a rate of two and half percent (2.5%) on the total wealth, including the profits. End quote.
Shaykh ‘Abd al-‘Azeez ibn Baaz, Shaykh ‘Abd al-Razzaaq ‘Afeefi, Shaykh ‘Abd-Allaah ibn Ghadyaan.
Fataawa al-Lajnah al-Daa’imah(9/356, 357)
They also said:
Zakaah must be paid on the capital and profits when one year has passed since the wealth was first acquired (the capital). The year for the profits is the same as the year for the original capital. End quote.
Shaykh ‘Abd al-‘Azeez ibn Baaz, Shaykh ‘Abd al-Razzaaq ‘Afeefi, Shaykh ‘Abd-Allaah ibn Ghadyaan.
Fataawa al-Lajnah al-Daa’imah(9/356, 357)
We should also point out that if the Islamic bank pays zakaah on behalf of its customers, that is sufficient and he does not have to pay zakaah, if the bank can be trusted to do that in the proper Islamic manner, but he still has to pay zakaah on that which is in his possession and that which he owns, which is not in the bank.




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Fasting, - Doupht&clear, - * Exams are not an excuse for not fasting in Ramadaan




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I have exam in ramadan for 6 hours and half,continous with 45 minutes break during the exam.I took this exam last year,but I didn't concntrate because I was fasting.
can I break my fast in this day of my exam?
Praise be to Allaah.
It is not permissible to break the fast for the reason you mention, rather it is haraam, because it is not included in the reasons for which one is allowed not to fast in Ramadaan.
FromFataawa al-Lajnah al-Daa’imah, vol. 10, p. 240
It should be noted that fasting in Ramadaan is an obligation upon every accountable Muslim, and no one is excused from fasting at the time of fasting except for those who have valid excuses, who are granted the concession of being allowed not to fast, such as the sick, travelers, pregnant and breastfeeding women, the very old and those who are forced to break their fast.





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Fasting, - Doupht&clear, - * If a woman’s period ends before Fajr




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I was menstruating and I became pure (my period ended) before the adhaan for Fajr, but because I was tired I did not do ghusl until the adhaan was given for Fajr. Should I complete this day’s fast, knowing that I had the intention of fasting this day before the adhaan?.
Praise be to Allaah.
If a menstruating woman becomes pure before Fajr then she should have the intention of fasting and her fast is valid, even if she does not do ghusl until after dawn comes.
The same ruling applies to one who is junub (in a state of impurity following sexual activity) if he does not do ghusl until after dawn comes.
Al-Bukhaari (1962) and Muslim (1109) narrated from Sulaymaan ibn Yasaar that he asked Umm Salamah (may Allaah be pleased with her (about a man who wakes up junub – can he fast? She said: The Messenger of Allaah (peace and blessings of Allaah be upon him) used to wake up junub not from a wet-dream and he would fast.
Al-Nawawi (may Allaah have mercy on him) said:
The scholars of these cities are unanimously agreed that the fast of one who is junub is valid, whether that was as the result of a wet dream or of intercourse.
If the blood of menstruation or nifaas (post-partum bleeding) stops at night, then dawn comes before the woman does ghusl, her fast is valid and she has to complete it, whether she did not do ghusl deliberately or because she forgot, with or without an excuse. The same applies to one who is junub. This is our view and the view of all the scholars, apart from that which was narrated from some of the salaf but we do not know whether it is saheeh or not.
And Allaah knows best.





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