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:

I read most of your answers that convinced many of the readers, including me. Couple of days ago, I read one of the answers to the Q.No 5771, which does not make me convince either logically or practically. I sent you a question in this regard with an example. I expect an early reply to that question.

Now I would like to give a practical example of none other than my sister.

Her husband is suffering from cancer for last 2 years, so he has to quit his job and no source of any income. Even when he was well, his financial condition was not good enough, most of his 10 years stay in Gulf countries he was without a job. Moreover, he worked for a very low salary.

In view of his condition right from the beginning, we brothers and our father decided to give once of the two house my father owns with the agreement of all brothers. Now after his illness and no hopes of any recovery and poor financial condition, we brothers thought of adding another floor to the house in order for her to have a regular income, apart from supporting her financially every month to feed her husband and two daughters. Also spent lot of money on his operation and medical treatment.

Now, she gets a rent of about Rs, 5000 per month from the two houses but she with her family stays in a rented house for Rs 3,000 per month in the city. Remember, she has no other source of income. We brothers support financially to fulfill her monthly expenses.

As per your answer to Q.No. 5771, you said if one has a house for living and another for what ever reason, one has to pay the zakat on the total value of the asset, not on the earning and savings.

If the total value of the assets she has is Rs 12,00,000, the zakat she has to pay every year is 30,000 Rs. Now, please tell me from where she will pay this zakat, remember she has to pay the government taxes as well, and the house will not be guaranteed for rent for the whole year. She also possesses some gold ornaments that was given to her during her marriage and later added through gifts, etc., which is around 200 grams

Please answer the following questions apart from the above:

First of all I don't agree to your FATWA of paying zakat on the assets and nothing to do with your earning and savings, which is totally unlogic and impractical based on the situation above. Please don't just pass the FATWA, also request you to provide the solution to my sister's case how and from where she will pay zakat.

What category my sister fall? In the category of paying zakat or taking zakat

Can we brothers support her from our zakat money, instead of what we are paying every month as additional?

Is it obligatory for us brothers to support her or will it be considered as charity.

If one of us don't support, will he be questioned on the day of judgement?

(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 sister

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.

In principle, absolutely irrespective of one’s yearly income or profits, zakah is to be paid every year on the excess wealth of every believer (man, woman, or child) after it has been in their possession for a period of one calendar year.

If the total nett worth of any believer is more than the prescribed ‘nisaab’ of 7.5 tolas of gold (app. 85 grams or app. Value US$1,000.00), then the person is liable to pay the obligatory zakat of 2.5% on their excess wealth which has been in their possession for a full calendar year.

Except for the house one actually lives in, the vehicle one drives or uses, the furniture and fixtures one uses in their daily lives, the value of everything else one owns will be considered excess assets upon which the annual zakah of 2.5% would be due.

Your Statements: First of all I don't agree to your FATWA of paying zakat on the assets and nothing to do with your earning and savings, which is totally unlogic and impractical based on the situation above.

Respected brother in Islam, our duty is only to present the general ruling based on the guidance of the Quran and the Sunnah and the consensus of the scholars and jurists in Islam; it is entirely upto the individual to accept it or reject it.

We reiterate again, that the yearly income or the yearly profit generated has absolutely no basis when determining zakah; for the believers are liable to pay zakah on their net excess wealth which has been in their possession for a period of one full calendar year.

For example, and it is only an example: say a person earns a million dollars a year, and his expenses for the genuine upkeep of himself and his family is also a million dollars for that particular year…..provided such a person does not have any other assets upon which zakah is due, he is not liable to pay zakah on his earnings for that year; for ‘zakah’ is not an yearly ‘income-tax’, but rather the right of the poor and the needy which Allah Subhanah has kept in the excess wealth of the believers who are blessed with abundance.

Zakah is not determined by the yearly earnings or the income of a believer, but rather it is determined on the excess savings and assets one has accumulated after all their expenses have been paid for that year; and that excess asset has been in their possession for a period of one full calendar year.

She also possesses some gold ornaments that was given to her during her marriage and later added through gifts, etc., which is around 200 grams

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) (to distribute to the poor as they will).’

Respected brother, if your sister was given gold at the time of her marriage, she is now obviously the inherent and legal owner of that gold; and if the value of her gold or assets is above the prescribed ‘nisaab’, she will indeed be liable to pay annual zakah on her possessions.

If your sister does not have the means to pay the zakah on her excess assets, nor are her brothers or her father or her husband able to pay the ‘zakah’ for her excess assets, she would have no choice but to sell a part of her gold and fulfill her zakah dues unto her Lord.

Amr ibn Shu'aib reported from his father backed up by a chain of sources going back to 'Abdullah ibn 'Amr that the Messenger of Allah (saws) said: "One who becomes the guardian of an orphan with property must trade on his (the orphan’s) behalf and not leave it passive in order to avoid depletion of the property by ‘sadaqah’."

Your Question: What category my sister fall?

Respected brother, for the specific case of your sister, I have personally spoken to a renowned and eminent scholar who is regarded as one amongst the experts of Islamic Jurisprudence and Fiqh of this day and age.

In the opinion of this eminent scholar, if your sister has absolutely no other source of income, nor does she have the means to fulfill the zakah on the house she has rented, and the one and only reason she has moved out of her own premises to live in an inferior accommodation is so that she may generate some income by renting the house she owns…..then she indeed has a genuine excuse in the Presence of her Lord, and the Lord Most Merciful does not place a burden on any soul more than it can bear. The scholar is of the opinion that, under the given conditions, your sister will be considered as one who lives in their own house, and thus no zakah will be liable upon her for the value of her house; but she will be liable to pay the zakah on her 200 grams of gold if they have been in her possession for a period of one full calendar year. And Allah Alone Knows Best.

Allah Says in the Holy Quran Chapter 64 Surah Tagabhun verse 16:

16 So fear Allah as much as ye can; listen and obey; and spend in charity for the benefit of your own souls: and those saved from the covetousness of their own souls they are the ones that achieve prosperity.

Allah Says in the Holy Quran Chapter 2 Surah Baqarah verse 286:

286 On no soul does Allah place a burden greater than it can bear.

Your Question: Can we brothers support her from our zakat money, instead of what we are paying every month as additional?

It is not permissible in Shariah for one to spend from their ‘zakah’ dues on those who are directly under their responsibility….thus it would not be lawful in Shariah Law for a father to give ‘zakah’ to his daughter, nor for a husband to give ‘zakah’ to his wife, nor for the sons to pay ‘zakah’ to their mother.

A brother does not hold direct responsibility for the upkeep of his adult sisters in Islam, thus there is absolutely no harm if a brother chooses to pay from his ‘zakah’ dues on his needy sister/s.

Your Question: Is it obligatory for us brothers to support her or will it be considered as charity. If one of us don't support, will he be questioned on the day of judgement?

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.

If Allah Subhanah has blessed one with abundance, and that person finds that one amongst his own blood relatives is needy and deserving of his charity, then indeed that needy blood relative has the biggest right that their charity should be spent on them.

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