What`s the ruling for Zakaah if we plan to give the land for rent?
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:
Assalaamu Alaikum Wa
Rahmathullahi Wa Barakaathuhu,
This is a doubt I`ve been having since a long time.I have nearly 125x8gms of
gold right now, of which, about 100gms is in the locker.Its been 4 years now
& we haven`t given any Zakaah. How should I calculate the Zakaah for this
gold? Should it be for each year separately? Please give me a very clear idea
as to how it should be given. We have a plan to sell this gold and buy some
land after giving the Zakaah for these 4 years. I`m not working and my husband
is working but we have much as savings, so we are planning to give Zakaah from
this gold itself. If we are buying land with the amount we get after selling
this gold, how should the Zakaah for the land be calculated? Should we give
Zakaah for the land every year even if it remains unused in any way? What`s the
ruling for Zakaah if we plan to give the land for rent? Can I give Zakaah to
whomever I (the wife) prefer? What if its somebody my husband doesn`t like or
doesn`t prefer me to give Zakaah to? Should I take my husband`s permission to
give Zakaah to anybody? Should I give it to only whom my husband prefers? What
is the best way to give it & what is the order of importance? Please give
me clear answers for each of these questions. We have 2 daughters & want to
save something for them also.Please quote relevant Hadith & Qur`anic Ayahs
while replying. May The Almighty Allah, "The Almighty" guide us all
to the path of the righteous and bless us with more & more knowledge, Insha
Allah.
Thanks & regards,
Sister in Islam
(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 details
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 none worthy of worship but Allah Alone, and we bear
witness that Muhammad (saws) is His slave-servant and the seal of His
Messengers.
Your
Question: I have nearly 125x8gms of gold right now, of which, about 100gms is
in the locker.Its been 4 years now & we haven`t given any Zakaah. How
should I calculate the Zakaah for this gold? Should it be for each year
separately?
Sunan of Abu-Dawood Hadith 1558 Narrated by Abdullah ibn Amr ibn al-'As
A woman came to the Messenger of Allah (saws)
and she was accompanied by her daughter who wore two heavy gold bangles in her
hands. He (saws) said to her: ‘Do you
pay zakat on them?’ She said: ‘No.’ He
(saws) then said: ‘Are you pleased that Allah may put two bangles of fire on
your hands?’ Thereupon she took them off
and placed them before the Prophet (saws) saying: ‘They are for Allah and His
Messenger (saws).’
125 x 8 grams = 1,000 grams x (approximate price of gold,
ie. $20.00/gram) = $20,000.00.
Beloved Sister in Islam, assuming that you have 1,000.00
grams of gold and the approximate value of a gram of gold today is US$20.00,
the value of your golf would be approximately US$20,000.00. If (Allah forbid) you have for any reason
whatsoever not paid the annual zakah on your gold for the past four years, you
indeed would be liable to fulfill the obligatory ‘zakah’ dues on your gold
assets for the past four years individually and pay them as soon as you
possibly can.
2.5% of US$20,000.00 = US500.00 annually x 4 years =
US$2,000.00.
Beloved Sister, if our assumption is accurate regarding
the weight and value of the gold, and assuming that this gold is your only
excess asset, you will be liable to pay a total of US$2,000.00 as your ‘zakah’
for your gold for the past four years.
Your
Question: If we are buying land with the amount we get after selling this gold,
how should the Zakaah for the land be calculated?
Lets assume you sell the gold for US$20,000.00, and you
pay the belated obligatory ‘zakah’ dues of US$2,000.00 accumulated for the past
four years; and with the balance US$18,000.00 you invest in the purchase of a
land….and at the end of the calendar year the market value of the land becomes
$25,000.00.
Thus at the end of the year you will be liable to pay
‘zakah’ on the market value of your land; ie. 2.5% of US$25,000.00 or
US$625.00.
Your
Question: Should we give Zakaah for the land every year even if it remains
unused in any way?
If you purchased the land as an investment, then it
obviously becomes part of your assets; and absolutely regardless of whether the
land is used or unused, produces rental income or not, etc….the owner of the
land will be liable to pay 2.5% of the market value of the land annually as
their obligatory ‘zakah’.
Your
Question: What`s the ruling for Zakaah if we plan to give the land for rent
As the owner of the land, you are liable to do whatever
you wish to do with your land. If you
choose to give the land for rent, the full rental income is yours to keep and
spend as you wish and please; but at the end of the calendar year, regardless
of the amount of rental one earns, the owner of the land will only be liable to
pay 2.5% of the market value of the land as their obligatory ‘zakah’ dues.
Your
Question: Can I give Zakaah to whomever I (the wife) prefer?
Allah Says in the Holy Quran Chapter 9 Surah
Taubah verse 60:
60 Alms are for the poor, and the needy, and those employed to administer
the (funds), for those whose hearts have been (recently) reconciled (to the
Truth), for those in bondage and in debt, in the Cause of Allah, and for the
wayfarer: (thus is it) ordained by Allah and Allah is full of Knowledge and
Wisdom.
Allah Subhanah has prescribed and Decreed that ‘zakah’
funds can only be spent on any of the above eight listed categories:
- To
the poor
- To
the needy
- To
those who are employed to administer the zakah funds
- To
those whose hearts have recently been reconciled to the Truth of Islam
(new-muslims)
- For
those in bondage
- For
those in debt
- In
the Cause of Allah
- To
the way-farer or traveler
The one who owns the land is liable to pay its annual
‘zakah’, and Allah Subhanah has Commanded that one give their ‘zakah’ in only
the above listed eight category of recipients of ‘Zakah’.
If you (the wife) are the owner of the land, then indeed
you are well within your rights to choose to spend your ‘zakah’ dues on any of
the above listed eight categories only.
Your Question: What if
its somebody my husband doesn`t like or doesn`t prefer me to give Zakaah to?
Should I take my husband`s permission to give Zakaah to anybody? Should I give
it to only whom my husband prefers?
If you (the wife) is the owner of the property, then it is
entirely your choice and determination where you wish to spend of your ‘zakah’
dues, provided it is spent only in the above listed eight category of zakah
recipients Determined by Allah Subhanah.
If you (the wife) are the owner, then you neither need the
permission of your husband to pay the obligatory ‘zakah’ from your personal
funds, nor do you legally need his permission or consent regarding where
exactly you wish to spend your ‘zakah’ dues, nor are you liable to spend of
your ‘zakah’ dues upon whom your husband prefers. It is the right of the owner of the assets to
pay the annual ‘zakah’ and they alone have the right to determine where they
wish to best spend of their ‘zakah dues, provided it is spent only amongst the
eight listed recipients of Zakah.
Neither the husband in Islam needs the permission or
consent of his wife regarding where he should spend of his individual ‘zakah’
dues, nor does the wife need the permission or consent of her husband regarding
where she wishes to spend of her own individual ‘zakah’ dues.
Your
Question: What is the best way to give it & what is the order of
importance?
One may spend of one’s annual ‘zakah’ dues on any of the
listed eight recipients of Zakah one wills and pleases; but the ‘zakah’ or
‘sadaqah’ which receives the absolute biggest reward is the one given to one’s
close relatives who are eligible to receive ‘zakah’, for then one would receive
a double reward for their act of kindness:
- One
reward for fulfilling the obligatory rite and worship of ‘zakah’ unto
their Lord, and,
- Another
reward for helping and maintaining and being good and kind to one’s blood
relatives.
The Messenger of Allah (saws) said:
"Charity for the poor is rewarded as one good deed; but in the case of a
relative it is considered as two: [one reward for helping] blood ties, and [the
other reward for] the charity [itself]."
Related by Ahmad, an-Nasa'i, and at-Tirmidhi.
Thus if there exists a poor and needy amongst ones close
relatives, then it is best one pays their ‘zakah’ dues to them; if one cannot
find a close relative, then a far-relative; if not, then a neighbor, or then
the believers at large or in any Cause of Allah Subhanah….wherever one spends
of one’s ‘zakah’ and ‘sadaqah’, they will have their guaranteed rewards from
their Lord Most Gracious, Most Bounteous.
Allah says in the Glorious Quran, Chapter 2,
Surah Baqarah, verse 261
The charity of those who expend their wealth in
the Way of Allah may be likened to a grain of corn, which produces seven ears
and each ear yields a hundred grains. Likewise Allah develops manifold the
charity of anyone He pleases, for He is All-Embracing, All-Wise.
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