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Monday, July 7, 2014

Taraaweeh prayers, - Dought&clear, - * His work hours conflict with Taraweeh prayers – what should he do?




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My work hours begin before the imam finishes taraweeh prayer, and I need to go to work. What should I do?.
Praise be to Allaah.
Pray whatever you can of taraaweeh in congregation with the imam. It does not matter if you leave for work after two or four or six rak’ahs, etc. Then complete the prayer at home and pray witr at the end.
If you find a mosque that prays early and you can complete the prayer with them and then go to work, this is better, because the Prophet (peace and blessings of Allaah be upon him) said: “Whoever prays qiyaam with the imam until he finishes, it will be written that he spent the whole night in prayer.” Narrated by al-Tirmidhi, 806; classed as saheeh by al-Albaani inSaheeh al-Tirmidhi.
And Allaah knows best.




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Zakaath, - Dought&clear, - * He inherited someland then he put it up for sale – does he have to pay zakaah on it?




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We have a piece of land that we sold one month ago. This land belonged to a number of heirs, one of whom was a minor and reached the age of 18 one month before the land was sold. We decided to sell it a year before that date, but the issue of the minor heir meant that the sale was delayed until this year. Please note that we did not give the land to any agent to sell it and we did not come to any agreement with any purchaser at that time, rather we delayed it until that minor reached the legal age. My question is: Is there any zakaah on this land, knowing that it had been in the name of the heirs for 16 years but they had no intention of selling it until this year?.
Praise be to Allaah.
There is no zakaah on this land, because the majority of fuqaha’ are of the view that for zakaah to be due on trade goods, a person must take possession of them with the intention of trading them. If he acquires it by means of inheritance he has not taken possession of it by means of his actions, so there is no zakaah on it even if he intends to sell it.
Ibn Qudaamah (may Allaah have mercy on him) said: Goods do not become trade goods unless two conditions are met:
(i) That he takes possession of it by means of his actions, such as buying, marriage, khula’, accepting a gift, a bequest, booty, or earning of permissible things.
(ii) That he intends when taking possession of it to sell it. If he does not intend when taking possession of it to sell it, then it is not trade goods, even if he forms that intention later on.
If he takes possession of it by inheritance and intends to sell it, it does not become trade goods. Similarly, if a settled person intends to travel, the rulings on travelling do not begin to apply to him unless he takes action.
It was narrated from Ahmad in another report that goods may become trade goods by virtue of intention, because Samurah said: The Messenger of Allaah (peace and blessings of Allaah be upon him) commanded us to pay zakaah from that which we had prepared to sell. Based on this, when a person forms the intention to sell it, it becomes trade goods. End quote fromal-Mughni, 2/336.
The former is the view of the Hanbalis, Hanafis, Maalikis and Shaafa’is.
See:Badaa’i’ al-Sanaa’i’, 2/12;Sharh al-Kharashi ‘ala Khaleel, 2/195;al-Majmoo’, 6/5; andal-Mawsoo’ah al-Fihqiyyah, 23/271.
With regard to the latter view, which was also narrated from Ahmad, it was regarded as more correct by Shaykh Ibn ‘Uthaymeen, but he differentiated between one who sells land in order to earn money, make a profit and deal in it, and one who sells it because he no longer has any need for it. In the former case zakaah is due, but not in the latter.
Shaykh Ibn ‘Uthaymeen (may Allaah have mercy on him) said: The second view concerning this issue is that as soon as the intention to sell it for trade purposes is formed it becomes trade goods, even if it came into his possession without him taking any action, and even if he took possession of it without intending to trade in it, because of the general meaning of the words of the Prophet (peace and blessings of Allaah be upon him): “Actions are but by intentions, and each person will have but that which he intended…” This man intended to deal in it, so he has to pay zakaah on it.
For example: if he buys a car to use it for transportation, then he decided to make it capital for the purpose of trade, then zakaah must be paid when one year has passed since he formed that intention. But if he has a car that he is using, then he decides to sell it, it is not trade goods, because he is not selling it for the sake of doing trade, rather it is because he no longer wants it.
Another example is if he has land that he bought to build on, then he decided to sell it and buy some other land. His offering it for sale is not for the purpose of trade, because the intention of selling in this case is not to earn money, rather it is because he no longer wants it. There is a difference between two people, one of whom makes it his capital for the purpose of trade and another who decides he no longer wants or needs this thing, so he wants to sell it. In the first case zakaah is due according to the correct opinion, and in the second case no zakaah is due. End quote fromal-Sharh al-Mumti’(2/626).
Conclusion: You do not have to pay zakaah, according to both opinions.
And Allaah knows best.



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Zakaath, - Dought&clear, - * He lent money to someof his colleagues andbought shares in some companies – how should he pay zakaah?




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I borrowed 260,000 riyals from al-Bank al-‘Arabi by means of tawarruq, on the basis that they would deduct 3752 riyals from my salary every month for 8 years, and the money would be deposited in my account. Then I bought a car, paid off my debts and lent money to some of my colleagues, and I invested in real estate and I began to invest the rest in the Saudi stock market. That was approximately one year ago. Do I have to pay zakaah? If that is the case, how should I pay zakaah with regard to those to whom I lent money and with regard to the shares that I own in the stock market?.
Praise be to Allaah.
Firstly:
The debt that you owe to the bank does not mean that your duty to pay zakaah is waived, according to the most correct scholarly opinion. This has been discussed in the answer to question no. 22426.
Secondly:
It is not right to take out a loan in order to invest in the stock market, especially if the loan is large as in your case. Debt is a great responsibility, so much so that if a martyr is killed in battle for the sake of Allaah he will be rewarded for everything except debt. In the answer to question no. 82011we have quoted the words of Shaykh Ibn ‘Uthaymeen (may Allaah have mercy on him) warning against taking loans in order to invest in stocks.
Thirdly:
Zakaah is due on that which you have lent to your colleagues, if they still acknowledge the debt and they are paying it off as agreed. You have to pay zakaah on this money every time one year passes from the time when you took possession of the nisaab (minimum threshold of wealth at which zakaah becomes due), but you have the choice between two things: either paying zakaah on it every year, or delaying it until you get this money back, then paying zakaah for all past years.
But if the debtor is in difficulty or taking a long time to pay it back, then you do not have to pay zakaah until you get the money back, then when you get it you have to count a new year from the time when you get it. This has been discussed in the answer to question no. 50014.
Fourthly:
With regard to investing in property this comes under the heading of trade goods, because these real estate companies buy land with the aim of dealing in it.
So at the end of the year you have to work out the value of your shares in this company and pay zakaah on them, one quarter of one tenth.
Shaykh Ibn ‘Uthaymeen (may Allaah have mercy on him) said concerning shares in land belonging to a real-estate company:
It seems that these shares are trade goods, because those who buy shares in land intend to deal in it and earn money from it. Hence they must pay zakaah on it every year, by working out their values and paying zakaah accordingly. If a person has shares worth thirty thousand and at the end of the year these shares are worth sixty thousand, then he must pay zakaah on sixty thousand, and if at the end of the year the thirty thousand is worth only ten thousand, then he only has to pay zakaah on ten thousand. End quote.
Majmoo’ Fataawa Ibn ‘Uthaymeen(18/226).
Fifthly:
With regard to the money that you have invested in the stock market, if your intention when buying the shares was to deal in them – as seems to be the case – then these shares are regarded as trade goods, so when the year ends you must work out the value of the shares based on the market value and pay zakaah on them. End quote.
But if you bought the shares to keep them and benefit from their annual profits.
And Allaah knows best.





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Zakaath, - Dought&clear, - * How should he pay zakaah on a car if it stayed in the showroom for three years and its price has fallen?




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Someone bought a car for 13,000 riyals with the intention of offering it for sale and making a profit. But after he bought it, he found out that it was faulty, which lessened its value, and he left it in a car showroom, where it stayed for three years, and offers were made on it that were much less than the purchase price during that time. After three years, he sold it for 8,000 riyals. Was there any zakaah due on this car that was offered for sale for three years every time one year passed? How should he pay it? What is the rate of zakaah?.
Praise be to Allaah.
If a person buys a car with the intention of selling it and making a profit, he must pay zakaah on it every time a year passes. He should work out its value on that day, i.e., its market value on the day when the year has passed, and pay one-quarter of one-tenth (2.5%), whether the value has increased or decreased.
Shaykh Ibn ‘Uthaymeen (may Allaah have mercy on him) was asked: Someone bought some land with the intention of dealing in it, but it remained in his possession for a long time. Is zakaah due on it?
He replied:
If a person buys land with the intention of dealing in it, then he must pay zakaah on it every year, whether its value increases or decreases, and whether it sells or not. He should work out its value every year, then if he has money he may pay the zakaah from the money he has; if he does not have money he should keep a record of the zakaah that it due every year, year by year, and when he sells it he must pay zakaah on the past period. End quote fromLiqa’ al-Baab il-Maftooh(15/12).
Based on this, the owner of the car should have looked at its price at the end of every year and paid zakaah on it. If he did not have any money, he should have kept a record of it and paid it when he sold the car.
It should be noted that the year with regard to trade goods is the year from when one acquired the wealth with which he bought them, if it reached the nisaab (minimum threshold). The year for the car in this case does not start from the time when he bought it, but from the time when he acquired the money with which he bought it.
What the owner of the car must do now is work out what the value of the car was at the end of each year, with the help of those who have experience in the market, then pay the zakaah.
And Allaah knows best.





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