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Sunday, July 20, 2014

Conditions for Zakaah Being Obligatory, - Dought & clear, - * She has some money and herfather does notspend on her; does she have to pay zakaah on it?




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I have some money and I am sick, and my father does not spend on me. It is my brothers who spend on me and on my mother. Do I have to pay zakaah?.
Praise be to Allaah.
Whoever owns the minimum amount of wealth (nisaab) and one full hijri year has passed since acquiring it, must pay zakaah, even if he is saving that money to get married or get medical treatment and so on, because of the general meaning of the evidence that paying zakaah is obligatory.
The nisaab is the equivalent of 85 grams of gold or 595 grams of silver.
If the wealth that you have is equivalent to the nisaab, then you must pay zakaah on it every time one full hijri year is completed.
The believer should understand that wealth belongs to Allaah, may He be exalted, and that zakaah does not in fact decrease wealth, rather it increases it and makes it grow, as Allaah says (interpretation of the meaning):
“Take Sadaqah (alms) from their wealth in order to purify them and sanctify them with it, and invoke Allaah for them. Verily, your invocations are a source of security for them; and Allaah is All-Hearer, All-Knower”
[al-Tawbah 9:103]
And the Prophet (peace and blessings of Allaah be upon him) said: “Charity does not decrease wealth.” Narrated by Muslim (2588).
How many people have wealth but never enjoy it, and how many generous givers have been blessed by Allaah with the little they have.
Charity is also a means of being healed of sickness, as the Prophet (peace and blessings of Allaah be upon him) said: “Treat your sick ones with charity.” Classed as hasan by al-Albaani inSaheeh al-Jaami’(3358).
We ask Allaah to heal you and bless your wealth for you.
And Allaah knows best.





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Conditions for Zakaah Being Obligatory, - Dought & clear, - * He has some money ina bank accountfrom which he pays his monthly expenses – does he have to pay zakaah on it?




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He has some money in the bank for which one year has passed and it is not in a savings account; he pays household expenses from it every month as well as water and electricity bills. Does he have to pay zakaah on it or not?.
Praise be to Allaah.
If the amount of money reaches the minimum threshold (nisaab) – which is the equivalent of 85 grams of gold or 595 grams of silver – and a full hijri year has passed since acquiring it, then zakaah must be paid on it, even if something is taken from it each month, because of the general meaning of the evidence that zakaah must be paid on wealth that is subject to zakaah, when one year has passed.
If we assume that this money reached the nisaab at the beginning of the year, then it fell below the nisaab during the year, no zakaah is due on it, and the reckoning of a new year should begin when it reaches the nisaab again.
For example: if the amount of money reaches the nisaab in Ramadaan, then it falls below the nisaab in Dhu’l-Hijjah, then you acquire more money which brings it back up to the nisaab in Rabee’, then you should start reckoning a new year from Rabee’.
Al-Nawawi (may Allaah have mercy on him) said: Our view and that of Maalik, Ahmad and the majority is that is in order for zakaah to be obligatory on wealth that is subject to zakaah and for which one year must have passed, such as gold, silver and livestock, the nisaab should have been present throughout the year. If it falls below the nisaab for a moment during the year, the year is cancelled out, and if it reaches the nisaab again after that, a new year should be calculated from the moment when the nisaab was reached again. End quote.
Al-Majmoo’(5/506)
And Allaah knows best.


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Conditions for Zakaah Being Obligatory, - Dought & clear, - * They are owed something by the company and the judge ruled that they should be compensated –do they have to pay zakaah on it?




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I work for a petroleum company and they used to give us dinner, then they stopped doing so. A few years later we were given compensation through the courts for those meals, a cash payment between 5,000 and 20,000 dinars. Do we have to pay zakaah on this money? Does it come under the ruling on a debt that is unlikely to be paid or is it regarded like money that was taken from us and therefore is subject to zakaah?.
Praise be to Allaah.
Zakaah is not due on this money until one year has passed since you acquired it, because one of the conditions of zakaah being obligatory is that the wealth should be in one's full possession, and full possession of this money was not achieved until after you received it; before you received it, possession was not established, you might have received it and you might not have, based on the judge’s decision and whether the company was willing to pay.
The scholars of the Standing Committee were asked about a case where the government delayed paying money to those who were entitled to it for nine years – do they have to pay zakaah on it?
They replied:
If the matter is as described, they should wait for one year starting from the date when they receive it, then they should pay zakaah on it. There is no zakaah due for the past because they did not have full possession of it. End quote.
Fataawa al-Lajnah al-Daa’imah(9/284).
And Allaah knows best.





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Fasting, - Doupht&clear, - * Reasons for which one mayexcused from fasting in Ramadaan




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What are the reasons for which one may be excused from fasting in Ramadaan?
Praise be to Allaah.
One of the ways in which Allaah has made things easy for His slaves is that He has only enjoined fasting upon those who are able to do it, and He has excused those who are unable to fast for a legitimate shar’i reason. The legitimate reasons for which one may be excused from fasting are as follows:
1 – Sickness
Sickness means everything that means that a person is not healthy.
Ibn Qudaamah said: the scholars are agreed that it is permissible for the sick person not to fast in general. The basis of that is the aayah in which Allaah says (interpretation of the meaning):
“but if any of you is ill or on a journey, the same number (should be made up) from other days”[al-Baqarah 2:184]
It was narrated that Salamah ibn al-Akwa’ (may Allaah be pleased with him) said: “When this aayah was revealed –‘And as for those who can fast with difficulty, (e.g. an old man), they have (a choice either to fast or) to feed a Miskeen (poor person) (for every day)’ [al-Baqarah 2:184 – interpretation of the meaning]– those who wanted not to fast could do that, and pay the fidyah (i.e., feed one poor person for each day). That remained the case until the following aayah was revealed, i.e., the verse:
‘And as for those who can fast with difficulty, (e.g. an old man), they have (a choice either to fast or) to feed a Miskeen (poor person) (for every day)’
[al-Baqarah 2:185 – interpretation of the meaning]– so it abrogated it.”
The sick person who fears that fasting may make his sickness worse or that it will slow down his recovery or damage a part of his body, has the option of not fasting, and indeed it is Sunnah for him not to fast and it is makrooh for him to complete his fast, because that may lead to his death. So he has to be cautious and protect himself. Moreover, if the sick person is very ill, that makes it permissible for him not to fast. But if a healthy person fears difficulty or tiredness, it is not permissible for him to break his fast, if all that happens to him when he fasts is that he becomes tired.
2 – Travelling
In order for traveling to result in a concession excusing one from fasting, the following conditions must be met:
a- The journey must be long enough that prayers may be shortened.
b- The traveler must not intend to settle in the place to which he travels.
c- His journey must not be for any sinful purpose, rather it should be for a sound purpose, according to the majority of scholars. That is because being allowed not to fast is a concession and relief that the sinner does not deserve on his journey, because the purpose of his journey is to commit sin – such as one who travels in order to commit banditry, for example.
Cancellation of the concession for traveling:
This concession of traveling is cancelled by two things:
(i) When the traveler returns home and enters his hometown, which is the place where he resides.
(ii) When the traveler decides to stay indefinitely, or for a lengthy period in one place, and the place is fit for settling in. Thus he becomes a resident (or non-traveller), so he should pray his prayers in full and not break his fast in Ramadaan, because the rulings on travel no longer apply to him.
3 – Pregnancy and breastfeeding
The fuqaha’ are agreed that pregnant and breastfeeding women may break their fast in Ramadaan, on the condition that they think there is a risk that they or their children may become ill or more ill, or be harmed or may die. The evidence for this concession in their case is the aayah (interpretation of the meaning:
“and whoever is ill or on a journey, the same number [of days which one did not observe Sawm (fasts) must be made up] from other days”[al-Baqarah 2:185]
This does not refer to merely being sick, for the sick person who will not be harmed by fasting is not allowed to break the fast; here sickness is mentioned as a metaphor for any situation where fasting when sick may cause harm. This is what is meant by sickness here. That may be the case in pregnancy and when breastfeeding, so these two cases are included in the concession of breaking the fast. The evidence that women in these cases are allowed not to fast is the hadeeth of Anas ibn Maalik al-Ka’bi (may Allaah be pleased with him), who said that the Messenger of Allaah (peace and blessings of Allaah be upon him) said: “Allaah has relieved the traveler of fasting and half of prayer, and He has relieved the pregnant and breastfeeding woman of fasting.”
4 – Senility and old age
Senility and old age refers to one who is old and has lost his strength, or who is approaching death, so that every day he becomes weaker, until he dies, or who is suffering from a terminal or incurable illness and has no hope of recovery. The evidence that it is prescribed for such people not to fast is the aayah (interpretation of the meaning):
“And as for those who can fast with difficulty, (e.g. an old man), they have (a choice either to fast or) to feed a Miskeen (poor person) (for every day)”[al-Baqarah 2:184]
Ibn ‘Abbaas (may Allaah be pleased with him) said that this aayah has not been abrogated, and it applies to old men and old women who cannot fast, so for each day they should feed one poor person.
5 – Intense hunger and thirst
If a person is overtaken by intense hunger or unbearable thirst, then he should break his fast and eat just as much as he needs to ward off that hunger, then he should refrain from eating for the rest of the day, and make up that fast later on.
The scholars added to intense hunger and thirst the fear of weakness when meeting the enemy, or fearing or expecting an attack, such as when one is surrounded. So if a fighter knows for sure or thinks it most likely that there will be fighting because he is facing the enemy, and he fears that fasting may make him weak when fighting, and he is not traveling, then he may break his fast before fighting.
6 – Compulsion
Compulsion means one person forcing another to do something or not to do something against his will, by means of threats.





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