Conditions for Zakaah Being Obligatory, - Dought & clear, - * Makingup zakaah from past years

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I would like to know what I should do about Zakat. I have failed to pay in previous years out of a failure to follow the straight path of Islam. I have in the past year returned to Islam (Al-hamdulilah) and I am earning money and I would like to pay my Zakat and try to correct past sins if possible. However, I have some loans I took in the past and I have this debt. How do I pay the Zakat for the years that I missed and will it be accepted considering that missing the Zakat in previous years was haram and I am paying money on loans that are haram?
Praise be to Allaah.
We praise Allaah for having guided you, and we ask Allaah to make you steadfast and know that Allaah is Forgiving and Most Merciful. He rejoices over the repentance of His slave, even though He has no need of His creation. We ask Allaah to bestow more of His bounty upon you.
You have to pay the zakaah of the past years according to the amounts of money that you possessed after paying off the debts of each year. Once you arecertain about the amount in any year, then you have to pay zakaah on it. If you do not know the exact amounts, then guess and pay based on that estimate.
Shaykh Ibn ‘Uthaymeen (may Allaah have mercy on him) was asked:
A man was careless about paying zakaah for five years, and now he is repenting. Does repentance free him of the obligation to pay zakaah? If it does not free him of that obligation, then what is the solution? This wealth is more than ten thousand and he does not know how much it is now.
He replied:
Zakaah is an act of worship towards Allaah and it is the right of the poor. If a person withholds it, then he is violating two rights: the right of Allaah and the right of the poor and others who are entitled to zakaah. If he repents after five years – as stated in the question – then he is absolved of the obligation to fulfil the right of Allaah, because Allaah says (interpretation of the meaning):
“And He it is Who accepts repentance from His slaves, and forgives sins”
[al-Shoora 42:25]
But the second right still remains, which is the right of those who are entitled to zakaah, the poor and others. So he has to hand over the zakaah to these people, and perhaps he will attain the reward for zakaah if his repentance is sound, for the bounty of Allaah is immense.
With regard to working out the amount of zakaah, he should estimate the amount of zakaah as best he can, and Allaah does not burden any soul beyond its scope. So if it is ten thousand, for example, how much is the zakaah for one year? Two hundred and fifty. If the amount of zakaah is two hundred and fifty, then he should pay two hundred and fifty for each of the past years, unless in some of those years he had more than ten thousand, in which case he should pay extra. If it was less in some years, then he should pay less zakaah, accordingly.
As’ilat al-Baab al-Maftooh, Q494, session 12
And Allaah knows best.

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Conditions for Zakaah Being Obligatory, - Dought & clear, - * He claims that zakaah need not be paid each year

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Is it necessary to distribute the Zakat for every year? I mean; I purchased a gold for my save, weight about 1kg ok, should I pay zakat 2.5% for the first year or shoudl i pay every year for that ? (The gold is an example) An imama at india said, The zakat for a thing is only one time in the life is applicable and not for the further years. If any body say that the zakat is obligation for each year, he must bring the proof from Quran and Hadith. The imam will pay SR100 thousands riayals, if he brought the proof form Quran or Hadiths, How it is correct ? what is the proof ? ( please I am not asking the proof and to getting the money I want to know because he challenged last 1996 until now no one give the proof and still he is challenge whenever he speak in the debates or meetings. Please explain me with the Quran ayats and hadiths.
Praise be to Allaah.
The Muslims of the earlier and later generations are agreed that zakaah must be paid each year on gold, silver and the like.
Ibn Hazm said inMaraatib al-Ijmaa’: They are agreed that zakaah must be paid repeatedly on all kinds of wealth at the end of each year, apart from crops and fruits, for which they are agreed that zakaah must be paid only once. (p. 38).
Shaykh al-Islam Ibn Taymiyah did not criticize this at all in his criticism ofMaraatib al-Ijmaa’.
The evidence for this consensus is the practice of the ummah from the time of the Prophet (peace and blessings of Allaah be upon him) until the present day. The Prophet (peace and blessings of Allaah be upon him) used to send the zakaah-collectors to the tribes and cities, and they did not differentiate between those who had paid their zakaah the previous year and those who had not, rather they used to take the zakaah that was due on all the “zakaatable” wealth that people possessed.
Ibn Sireen said: The zakaah-collector used to come and wherever he saw crops or camels or sheep he would take the zakaah that was due on them.Al-Mudawwanah, 1/361.
What the person said, that the zakaah on gold does not have to be paid each year, is indicative of his ignorance. He has to be taught what is correct.
The Muslim should not hasten to issue fatwas on the basis of what he thinks, rather he should refer to the sayings of the scholars and imams so that he can find out what scholarly consensus says and not deviate from it.
And Allaah knows best.







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Conditions for Zakaah Being Obligatory, - Dought & clear, - * Is zakaah due on rent that has just been received or rent paid when one yearhas passed?

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We have a store which we rented out for 72,000 lira per year. Do we have to pay zakaah? Please note that we receive the rent in one payment, and we spend it before the year has passed.
Praise be to Allaah.
No zakaah is due on properties that are prepared for rental; rather zakaah is due on the rent that is paid on them, subject to two conditions:
1- That it reaches the minimum threshold at which zakaah becomes due (nisaab)
2- That one full hijri year has passed (since acquiring it).
The year starts from when you sign the contract, whether the rent is paid in advance at the beginning of the year or at the end of the year. If it was received at the beginning of the year and the year has passed, then zakaah must be paid on it, or on what is left of it if some has been spent and some is left.
If it is received at the end of the year then zakaah must be paid on it, because one year has passed since the contract was signed.
Ibn Qudaamah (may Allaah have mercy on him) said inal-Mughni(4/271):
If a person rents out his house for two years for forty dinars, the rent is considered to have come into his possession at the time of the contract, and he has to pay zakaah on the whole amount when one year has passed. End quote.
Shaykh Ibn Baaz was asked about a man who rented out some property and received payment for one year in advance, and he used it to pay off some debts – does he have to pay zakaah on this rent?
He replied: No zakaah is due on rent in such a case, where it was received from the renter in advance and he used it to pay off a debt, because a full year did not pass since it came into his possession. What counts here is the date of the rental contact until the end of the year. If he received the rent before the end of the year and used it to pay off a debt or he spent it on things needed for the house, then no zakaah is due on it.
Majmoo’ Fataawa al-Shaykh Ibn Baaz, 14/177
Shaykh Ibn ‘Uthaymeen was asked about properties that are prepared for rent – is zakaah due on them?
He replied:
No zakaah is due on these properties, because the Prophet (peace and blessings of Allaah be upon him) said: “The Muslim does not have to pay zakaah on his slave or his horse.” Rather zakaah is due on the rent, if one full year has passed since the contract was drawn up.
For example: a man rents out his house for ten thousand, and he receives ten thousand after one year has passed; he has to pay zakaah on this ten thousand, because one year has passed since the contract was drawn up. Another man rented out his house for ten thousand – five thousand of which he received at the time of signing the contract, and which spent within two months, and five thousand to be paid halfway through the year, which he took and spent within two months. When the year is over, he has nothing left of the rent, so no zakaah is due on it, because it did not spend one full year in his possession, and zakaah is only due if it has spent one year in his possession. End quote.
Fataawa al-Shaykh Ibn ‘Uthaymeen, 18/208
And Allaah knows best.







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Conditions for Zakaah Being Obligatory, - Dought & clear, - * It is obligatory to pay zakaah on the wealth of minors and theinsane

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Is it obligatory to pay zakaah on the wealth of a minor, even though he is not mukallaf (accountable)?.
Praise be to Allaah.
The majority of scholars are of the view that it is obligatory to pay zakaah on the wealth of minors and the insane. This is the view of Imam Maalik, Imam al-Shaafa’i and Imam Ahmad. They quoted as evidence a number of texts.
1 – Allaah says (interpretation of the meaning):
“Take Sadaqah (alms) from their wealth in order to purify them and sanctify them with it”
[al-Tawbah 9:103]
Zakaah is obligatory and must be paid from one's wealth. It is a financial act of worship which becomes obligatory once its conditions are met, such as owning wealth that reaches the minimum threshold (nisaab), and the passage of one full (hijri) year.
2 – The Prophet (peace and blessings of Allaah be upon him) said to Mu’aadh ibn Jabal when he sent him to Yemen: “Tell them that Allaah has enjoined upon them charity from their wealth, to be taken from their rich and given to their poor.” Narrated by al-Bukhaari, 1395. So zakaah is enjoined upon the rich; this is general in meaning and includes minors and the insane if they have wealth.
3 – al-Tirmidhi (641) narrated from ‘Amr ibn Shu’ayb, from his father, from his grandfather that the Prophet (peace and blessings of Allaah be upon him) addressed the people and said: “Whoever becomes the guardian of an orphan who has wealth, let him do trade with it and not leave it lest it be consumed by zakaah.” This is a da’eef (weak) hadeeth which was classed as such by al-Nawawi inal-Majmoo’(5/301), and by al-Albaani inDa’eef al-Tirmidhi.
But this was proven in the words of ‘Umar (may Allaah be pleased with him), as narrated from him by al-Bayhaqi (4/178). He said: Its isnaad is saheeh. This was confirmed by al-Nawawi, as stated inal-Majmoo’.
4 – This was also narrated from ‘Ali, Ibn ‘Umar, ‘Aa’ishah, al-Hasan ibn ‘Ali and Jaabir (may Allaah be pleased with them).
Abu Haneefah (may Allaah have mercy on him) was of the view that zakaah is not obligatory for a minor, just as other acts of worship, such as prayer and fasting, are not required of him. But he stated that zakaah of crops and zakaat al-fitr are required of him.
The majority responded to that by noting that prayer and fasting are not required of a minor because these are physical acts of worship, and the body of a minor is not able for them. As for zakaah, it is a financial duty, and financial duties are required of minors; if a minor were to destroy a person’s property then he is required to pay compensation from his own wealth, and he is obliged to spend on his relatives if the conditions of that being obligatory are met.
They also said that there is no difference between regarding zakaah on crops and zakaat al-fitr as being obligatory for a child, and the zakaah of other things such as gold, silver and cash. If zakaah is required of him in the case of crops then it is required of him in the case of all kinds of wealth, and there is no difference.
The guardian of a minor or an insane person should pay zakaah on their behalf from their wealth each time one full hijri year passes; he should not wait until the minor reaches puberty.
Ibn Qudaamah said inal-Mughni:
Once this is established – i.e., that zakaah must be paid on the wealth of a minor or an insane person – then the guardian must pay it on their behalf from their wealth, because it is an obligatory zakaah which must be paid, like the zakaah of a sane adult. The guardian acts in his stead when paying what he is obliged to pay. This is a duty that is required of the minor or insane person, so the guardian must perform it on their behalf, like spending on relatives. End quote.
Al-Nawawi said inal-Majmoo’(5/302)
In our view, zakaah is required on the wealth of minors and the insane, and there is no difference of opinion on this point. The guardian must pay it from their wealth just as he pays from their wealth compensation for any damage they may cause (to the property of others), maintenance of relatives, and other duties that they may be obligated to fulfil. If the guardian does not pay the zakaah, then the child or insane person must pay zakaah for past years after attaining puberty or after recovering, because this is an obligation upon their wealth. But the guardian is sinning if he delays it and what he has neglected cannot be waived. End quote.
It was narrated from Ibn Mas’ood and Ibn ‘Abbaas that zakaah is obligatory upon a minor but he does not have to pay it until he reaches puberty. But this view is da’eef (weak) and is not valid. It was classed as da’eef by al-Nawawi inal-Majmoo’, 5/301.
Shaykh Ibn Baaz (may Allaah have mercy on him) was asked:
A man died and left behind wealth and orphans. Is zakaah due from this wealth? If that is the case, who should pay it?
He replied:
Zakaah must be paid on the wealth of orphans, whether it is money, trade goods, livestock of an’aam animals (camels, cattle, sheep and goats) or grains and produce on which zakaah is due. The guardian of the orphans must pay it on time… the year is to be calculated from the death of their father, because when he died, the wealth came into their possession. And Allaah is the Source of strength. End quote.
Fataawa Ibn Baaz, 14/240
The scholars of the Standing Committee were asked:
Is zakaah due on the wealth of orphans and the insane?
They replied:
Zakaah is due on the wealth of orphans and the insane. This is the view of ‘Ali, Ibn ‘Umar, Jaabir ibn ‘Abd-Allaah, ‘Aa’ishah, and al-Hasan ibn ‘Ali, as narrated from them by Ibn al-Mundhir. The guardian should pay it on their behalf. The fact that it is obligatory is indicated by the general meaning of the evidence that zakaah is obligatory, as mentioned in the Qur’aan and Sunnah. When the Prophet (peace and blessings of Allaah be upon him) sent Mu’aadh to Yemen and told him what to say to them, one of the things he said was: “Tell them that they must give zakaah, to be taken from their rich and given to their poor.” Narrated by the group. The word “rich” includes minors and the insane, as does the word “poor”. Al-Shaafa’i narrated in hisMusnadfrom Yoosuf ibn Maahik that the Prophet (peace and blessings of Allaah be upon him) said: “Trade with the wealth of orphans and do not let it be lost or consumed by zakaah.” This is mursal. Maalik narrated inal-Muwatta’that he heard that ‘Umar ibn al-Khattaab (may Allaah be pleased with him) say: Do trade with the wealth of orphans and do not let it be consumed by zakaah. ‘Umar said that to the people and enjoined it upon them, which implies that it was a rule that was followed and accepted as the correct ruling. Maalik also narrated inal-Muwatta’from ‘Abd al-Rahmaan ibn al-Qaasim that his father said: ‘Aa’ishah used to take care of me and a brother of mine, who were orphans under her care, and she used to pay zakaah from our wealth. End quote.
Fataawa al-Lajnah al-Daa’imah, 9/410
The view that zakaah is due from the wealth of minors and the insane was also favoured by Shaykh Ibn ‘Uthaymeen (may Allaah have mercy on him), as stated inal-Sharh al-Mumti’, 6/14.

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