Conditions for Zakaah Being Obligatory, - Dought & clear, - * If a woman trades her gold for other gold, is the year (for zakaah) interrupted?

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There is a woman who has gold that reaches the nisaab (minim threshold at which zakaah is due) but during the year she traded the gold that she had for other gold. Should she start counting a new year for the new gold that she bought?.
Praise be to Allaah.
No, she should not start a new year for it, rather she should complete the year that she was counting for the gold that she had first.
That is because the basic principle according to the scholars is that the one who exchanges wealth that is subject to zakaah for wealth of the same type should not start counting a new year, rather he should complete the year for the first wealth.
If he exchanges gold for gold, or silver for silver, or sheep for sheep, or camels for camels, or trade goods for trade goods, he should not stop counting the year because of that, rather he should complete the first year.
Ibn Qudaamah (may Allaah have mercy on him) said inal-Mughni(4/135):
If he sells wealth that reaches the nisaab for zakaah for which he was counting the year, for wealth of the same type, such as camels for camels, cattle for cattle, sheep for sheep, gold for gold or silver for silver, he should not stop counting the year, and he should count the year for the second (wealth) on the basis of the year for the first. End quote.
Shaykh Muhammad ibn ‘Uthaymeen (may Allaah have mercy on him) was asked about a woman who had gold that reached the nisaab, and during the year she exchanged it for other gold; should she stop counting the year and calculate a new year from the time of the exchange, or not?
He replied: The year should not be interrupted in this case, because this woman exchanged gold for the same type of wealth. End quote.
Majmoo’ Fataawa Ibn ‘Uthaymeen(18/45).
And Allaah knows best.

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Conditions for Zakaah Being Obligatory, - Dought & clear, - * Does a woman have to pay zakaah on the second part of the dowry?

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I have been married since October 2003. I traveled with my wife after marriage to the UAE. The deal with my father in law was to delay giving the mahr (dowry) till I obtain a flat in Egypt (our original country) then to buy the furniture by this money (this is the tradition in Egypt). There is also a second part of the mahr; it is to be paid in case of divorce or death (whatever happens first).
The question is:
What is the ruling on paying Zakat on the first and second part of the mahr, knowing that I do not have it, and it is more than the nisaab?
Do I have to pay Zakat on the mahr? How to give it out? Is it on me or on my wife, knowing that she does not work neither does she has a source of income?.
Praise be to Allaah.
Firstly:
So long as you do not have possession of the second part of the dowry, you do not have to pay zakaah on it. When you take possession of wealth that reaches the nisaab (minimum threshold) and one year passes since it came into your possession, then you have to pay zakaah on it even if you are saving it or keeping it to furnish the apartment and so on, unless you pay it towards furnishing the apartment or you give it to your wife as her dowry before one year has passed, in which case you do not have to pay zakaah on it.
Secondly:
The delayed part of the dowry is regarded as a debt that is owed to the wife by the husband, so the ruling on its zakaah is like the ruling on any other debt that a person owes to someone else. This is subject to further discussion among the fuqaha’:
(a)
If the debt is owed by someone who is able and willing to pay it off, and he can afford to pay it back when asked to do so, and he is not denying it or trying to delay it, i.e., you can get your money back whenever you ask for it, then zakaah must be paid on it every year, because it comes under the same ruling as wealth that is in the possession of the owner.
(b)
If the debt is owed by a poor person who has no wealth, or one who is denying it, and you have no proof of it, then no zakaah is due on it according to the more correct opinion, but when the owner takes possession of it, then in order to be on the safe side he should pay zakaah on one year, even if many years have passed. This has been discussed in the answer to question no. 1346.
Based on this, the delayed portion of the dowry (with which the furniture is to be bought) is a debt that you owe to your wife, so no zakaah is due from her or from you because you do not own that wealth.
Similarly, no zakaah is due on the delayed portion which the wife will not take unless there is a separation, because she cannot ask for it so long as she remains your wife, but if she decides to pay one year’s zakaah on it in order to be on the safe side, that is better.
Shaykh Ibn ‘Uthaymeen (may Allaah have mercy on him) was asked: Is it correct to delay giving the wife her dowry? Is it a debt owed by the man that he must pay? Is zakaah due on it?
He replied: It is permissible to delay the dowry and there is nothing wrong with that, because Allaah says (interpretation of the meaning): “O you who believe! Fulfil (your) obligations” [al-Maa'idah 5:1].
Fulfilling obligations includes fulfilling them and adhering to their conditions.
If a man stipulates that all or some of the dowry will be delayed, there is nothing wrong with that, but it becomes due if the contract stated that it is due on a specific date, or if no specific date is mentioned it becomes due when separation occurs as the result of divorce, annulment of the marriage or death of the husband. It is a debt owed by the husband that may be demanded when the specified time come if he is still alive, or after he dies, as with any other debt.
Zakaah must be paid by the woman on this delayed dowry if the husband is well off and is willing to pay the debt, but if he is poor then she does not have to pay zakaah.
End quote fromMajmoo’ Fataawa al-Shaykh Ibn ‘Uthaymeen(18/30).
And Allaah knows best.

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Conditions for Zakaah Being Obligatory, - Dought & clear, - * Zakaahin Ramadaan – should it be paid on all one’s wealth?

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I pay the zakaah on my wealth every year in Ramadaan, and I pay zakaah on the amount that was in my account in the previous Ramadaan only, i.e., wealth for which one year has passed. Is what I am doing correct? Or do I have to pay zakaah on everything that I saved during the year?.
Praise be to Allaah.
In order for zakaah to be obligatory, one year must have passed, i.e., one hijri year must have gone by since the wealth reached the nisaab (threshold at which zakaah becomes due). The Prophet (peace and blessings of Allaah be upon him) said: “There is no zakaah on wealth until a year has passed.” (Narrated by Ibn Maajah; classed as saheeh by al-Albaani inIrwa’ al-Ghaleel, no. 787).
The passage of one year is also a condition for zakaah on gold, silver, paper currency and animals of the an’aam class to be obligatory. [Translator’s note: the an’aam class of animals includes camels, cattle, sheep and goats].
Wealth that is earned during the year is of two types:
1 – That which is profit generated by other wealth. Zakaah on these profits is to be paid at the same time as zakaah on the principle is due.
2 – That which is independent wealth which is gained in a manner acceptable according to sharee’ah, such as inheritance, gifts and savings from one's salary. No zakaah is due on this until one year has passed from the date when it reached the nisaab.
The Muslim may pay the zakaah on all the wealth he has in Ramadaan, both for that for which one year has passed and for that for which one year has not passed, in order to expedite the zakaah, because of the report narrated by al-Tirmidhi, Ibn Maajah and al-Haakim, who classed it as saheeh, that al-‘Abbaas (may Allaah be pleased with him) asked the Messenger of Allaah (peace and blessings of Allaah be upon him) about expediting his zakaah before one year had passed, and he allowed him to do that. This hadeeth was classed as hasan by al-Albaani inSaheeh al-Tirmidhi, no. 545.
This is easier than calculating the zakaah for each part of his wealth independently, so that he will not get confused about his wealth and mix up the figures, which may result in part of the zakaah not being paid or in confusion as to whether the full of amount of zakaah has been paid or not.
And Allaah knows best.

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Conditions for Zakaah Being Obligatory, - Dought & clear, - * He owns shares, but is in debt. How should he pay zakaah?

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I have asked for Islamic finance from the Al-rajihee Company, in order to buy shares and pay in monthly installments. The total amount to be paid to the Al-rajihee Company is about 99.000 Riyals. I have paid 20.000 so far, and currently I am dealing in pure (non-mixed) shares, via Al-Rajihi. How should I pay zakat on my wealth? A brother said to me that if a person is in debt and is paying it off in monthly installments then he should not pay zakat. Please provide me with a detailed answer.
Praise be to Allaah.
Firstly:
The fuqaha’ differed with regard to debt: does it mean that one does not have to pay zakaah? There are two well-known views, one of which is that it does not mean that one does not have to pay zakaah, so if a person possesses the nisaab (minimum amount of wealth at which zakaah becomes due) and one full year has passed, then he must pay zakaah, no matter what his debt is. This is the view of al-Shaafa’i (may Allaah have mercy on him), and it is what is regarded as most correct by many of the scholars.
That is because of the general meaning of the evidence which indicates that zakaah is obligatory for everyone who owns the nisaab, and because the Prophet (blessings and peace of Allaah be upon him) used to send his workers to collect zakaah, and he did not tell them to enquire as to whether the owners of the wealth had debts or not. And because zakaah has to do with what one actually possesses, and debt is a commitment, so the one does not rule out the other.
Al-Nawawi (may Allaah have mercy on him) said: Does debt cancel out the obligation of zakaah? There are three opinions concerning that, the most sound of which according to our companions, which is also the view stated by al-Shaafa’i (may Allaah be pleased with him) in most of his new books, is that it is obligatory... To sum up, our view is that zakaah is obligatory, whether the wealth is hidden or apparent, and whether the wealth is of the same type as the debt or not. Our companions said: whether it is a debt owed to a human being or a debt owed to Allaah, such as previous zakaah, expiation, vows and so on. End quote.
Al-Majmoo’, 5/317
Shaykh Ibn Baaz (may Allaah have mercy on him) said: With regard to the debt that he owes, it does not rule out zakaah according to the soundest scholarly opinion. End quote.
Majmoo’ Fataawa al-Shaykh Ibn Baaz, 14/189
Shaykh Ibn ‘Uthaymeen (make Allaah have mercy on him) said: What I think is more likely to be correct is that zakaah is obligatory in all cases, even if a person has a debt which, if taken from a person’s wealth, will cause it to fall below the nisaab, except a debt which came due before the zakaah became due, in which case he must pay the debt, then pay zakaah on what is left after that. End quote.
Al-Sharh al-Mumti’, 6/39
It says inFataawa al-Lajnah al-Daa’imah(9/189): The correct scholarly view is that debt does not rule out zakaah. The Prophet (blessings and peace of Allaah be upon him) used to send out his workers to collect zakaah, and he did not tell them: Look and see whether the people are in debt or not. End quote.
Based on that, you should look and see what wealth you have after one year has passed since acquiring it, and pay zakaah on it, even if your debt is greater or smaller than this money. But if you pay off the debt or part of it before zakaah becomes due, then you do not have to pay zakaah on that amount, only on what is left of the money.

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