Conditions for Zakaah Being Obligatory, - Dought & clear, - * She has children who minors and they have money in the bank – does she have to pay zakaah on it?

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I have four children who are orphans, and they are all minors. They have money invested in an Islamic bank, and in three months time a year will have passed. Does zakaah have to be paid on it? Can the payment be made from the profits?.
Praise be to Allaah.
The majority of scholars are of the view that zakaah must be paid on the wealth of a minor, if it reaches the minimum threshold (nisaab), when one year has passed. That has been discussed in the answer to question no. 75307.
The nisaab is the equivalent of 85 grams of gold or 595 grams of silver. The wealth of each child should be examined separately, and if it reaches the nisaab then zakaah is due on it, otherwise no zakaah is due.
If the wealth has been invested, as in the case asked about here, then zakaah is due on both the capital and the profits, and must be paid at the end of every year at a rate of one-quarter of one-tenth (2.5%). So if the capital is nine thousand riyals and the profit is one thousand, zakaah must be paid on the total of ten thousand, so 250 riyals must be paid.
This amount (250 riyals, as in the example), may be paid from the capital or from the profits, or from any other wealth owned by the minor.
And Allaah knows best.

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Conditions for Zakaah Being Obligatory, - Dought & clear, - * The kaafir does nothave to pay zakaah

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Does the kaafir have to pay zakaah?.
Praise be to Allaah.
One of the conditions of zakaah being obligatory is that the person who pays it should be a Muslim. The kaafir does not have to pay zakaah, because Allaah says (interpretation of the meaning):
“And nothing prevents their contributions from being accepted from them except that they disbelieved in Allaah and in His Messenger”
[al-Tawbah 9:54]
al-Bukhaari (1458) and Muslim (19) narrated from Ibn ‘Abbaas (may Allaah be pleased with him) the story of Mu’aadh being sent to Yemen, in which the Prophet (peace and blessings of Allaah be upon him) said: “Let the first thing to which you call them be to worship Allaah (alone) … if they do that, then tell them that He has enjoined upon them the zakaah on their wealth, to be given to their poor…” So he made Islam a condition of zakaah being obligatory, and they were not to be enjoined to pay zakaah until they entered Islam.
And the Sahaabah (may Allaah be pleased with them) did not take zakaah from the dhimmis, rather they levied the jizyah on them.
If a kaafir becomes Muslim, he does not have to pay zakaah on the years when he was a kaafir, rather he should calculate a whole year from the time when he became Muslim, because Allaah says (interpretation of the meaning):
“Say to those who have disbelieved, if they cease (from disbelief), their past will be forgiven”
[al-Anfaal 8:38]
al-Nawawi said inal-Majmoo’(5/300): Zakaah is not required of a kaafir who is originally a kaafir, whether he is a harbi or a dhimmi, so he should not be asked to pay it when he is still a kaafir. But if he becomes Muslim, he should not be asked for zakaah for the time when he was a kaafir.
Shaykh Ibn ‘Uthaymeen (may Allaah have mercy on hi) said inal-Sharh al-Mumti’(6/15): No zakaah is due from a kaafir, whether he is an apostate or was originally a kaafir, because zakaah is a purification. Allaah says (interpretation of the meaning):“Take Sadaqah (alms) from their wealth in order to purify them” [al-Tawbah 9:103]. But the kaafir is najis (impure) and even if he were to spend and fill the earth with gold, he would not become pure until he repents from his kufr. End quote.
What is meant by the impurity of the kaafir is spiritual impurity due to the corrupt nature of his beliefs. This cannot be purified by anything except Islam.
And Allaah knows best.

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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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