If a person has a house which she is living in and also has a land, which is of considerable value, but is not generating any income, does she have to pay zakat on that that land too?
Mu' meneen Brothers
and Sisters,
As Salaam Aleikum wa
Rahmatullahi wa Barakatuh. (May Allah's Peace, Mercy and Blessings be
upon all of you)
One of our
brothers/sisters has asked this question:
If a person has a house which she is living in and
also has a land, which is of considerable value, but is not generating any
income, does she have to pay zakat on that that land too?
The reason I ask is my income does not leave me enough excess to pay zakat on
the value of the land! Also does a wife
have to pay zakat on her own? or does a family pay as one unit?
(There may be some
grammatical and spelling errors in the above statement. The forum does not
change anything from questions, comments and statements received from our readers
for circulation in confidentiality.)
Answer:
Zakah on house
In the name of Allah, We praise
Him, seek His help and ask for His forgiveness. Whoever Allah guides none
can misguide, and whoever He allows to fall astray, none can guide them aright.
We bear witness that there is no one (no idol, no person, no grave, no prophet, no imam,
no dai, nobody!) worthy of
worship but Allah Alone, and we bear witness that Muhammad (saws) is His
slave-servant and the seal of His Messengers.
The house that one lives in,
regardless of how valuable that one house may be, is exempt from zakah dues
according to Islamic Law.
If the land one owns is
farm-land, then there is no zakah due on the value of the land itself in Islam;
but rather the zakah is due on the produce of the land on the following rates:
- If the land is irrigated by rain the zakah is
calculated at 10% of the produce.
- If the land is irrigated by channels other
than rain, the zakah would be calculated at 5% of the produce of the land.
If the plot of land one owns
was bought with the intention as a form of investment or savings, then annual
zakah would indeed be due upon the market value of the land, regardless of
whether the land generates any income or not.
If one does not have the resources to pay the zakah on the plot bought
as an investment, the jurists are of the opinion that one may accurately
determine and calculate the annual zakah for the value and term of the land
held, and fulfill these debts accrued to Allah when the land is ultimately sold.
Your Question: Also does a wife have to pay zakat
on her own? or does a family pay as one unit?
If the wife has her own
individual wealth like the gifts of jewelry or some inheritance she received
from her parents, she is responsible for the paying of the zakah of the wealth
that belongs to her. If the husband of
his own generosity pays the zakah for the value of the wealth that belongs to
his wife, there is absolutely no harm and the wife does not have to pay the
zakah on her wealth herself.
But the responsibility of
fulfilling the zakah dues lies solely on the person who owns or possesses that
excess wealth.
Whatever written of Truth and
benefit is only due to Allah’s Assistance and Guidance, and whatever of error
is of me alone. Allah Alone Knows Best
and He is the Only Source of Strength.
Your brother and well wisher in Islam,
Burhan
Wister