Who has to pay zakah.
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:
السلام
عليكم ورحمة
الله
I have
a doubt how to pay Zakah on land and house? My colleague is having his house
built on a 10 acre land (which costs five crore Indian Rupees) and I am having
four lands which is costing around 50 lakhs. My brother (he is a mulla) told me
that I have to pay Zakah on my land after Nisab (after my house and its
plot) can you please explain how to give Zakah? I was having cash and I
bought it to get it appreciated.. but I have no plan to sell it now (it
is more than a year). There are coconuts in the lands but I am not a
farmer. Can you please explain how nisab is determined for house or
flats?
If a
person is having a house on a big land, he does not need to pay Zaka
and other is person is having the same quantity of land in different plots he
has to pay Zakah?
Your
answer is appreciated as I wish to pay my Zakah in this month.
Jazaka
Allahu Khair
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Answer:
Who has to pay zakah
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.
If the total net worth of any believer (man, woman, or
child) is more than the prescribed ‘nisaab’ of 7.5 ‘tolas’ of gold (app. 85
grams or app. Value US$2,100.00), then the person is liable to pay the
obligatory annual ‘zakah’ of 2.5% on their excess wealth which has been in
their possession for a full calendar year.
If the total net worth of any believer is less than the
prescribed ‘nisaab’, he/she is not liable to pay any ‘zakah’ until their net
worth exceeds the prescribed ‘nisaab’.
For the purpose of determining ‘zakah’, the ‘Net Excess
Assets’ would be the current market value of all of one’s assets (properties,
investments, jewelry, cash, etc.) except:
- the
value of the house/s one owns and actually lives in (no zakah)
- the
value of the car/vehicle one uses on a regular basis (no zakah)
- the
value of the furniture and fixtures one uses on a regular basis (no zakah)
Your
Question: ….If a person is having a house on a big land, he does not
need to pay Zaka and other is person is having the same quantity of land in
different plots he has to pay Zakah?
If one lives in the house oneself, absolutely regardless
of the value of the house, one is exempt in Shariah from paying ‘zakah’ on the
house one actually lives in.
But if one has bought a land or a flat or a house as an
investment, or to earn its rental, or for any commercial benefit whatsoever,
one would indeed be liable to pay 2.50% ‘zakah’ annually on the fair market
value of their property.
Your
Question: I am having four lands which is costing around 50 lakhs. My brother
(he is a mulla) told me that I have to pay Zakah on my land after Nisab (after
my house and its plot) can you please explain how to give Zakah? I was
having cash and I bought it to get it appreciated.. but I have no plan to sell
it now (it is more than a year). There are coconuts in the lands but
I am not a farmer. Can you please explain how nisab is determined for
house or flats?
Lets assume that the current market values to the four
plots of lands which you own are as follows:
Land-1: $1,000.00
Land-2: $5,000.00
Land-3: $10,000.00
Land-4: $ 20,000.00
Lets assume that you actually use and live in Land-3
(value $10,000.00); ie. you reside in this plot and house yourself with your
family….thus you will not be liable to pay ‘zakah’ on this particular property
because you actually use and live in it yourself.
For the other 3-properties (total value $26,000.00),
because you bought them with the intention of investment or to derive some
commercial benefit, you would indeed be liable to pay ‘zakah’ annually at 2.50%
of its current market value.
Your
Question: There are coconuts in the lands but I am not a farmer.
If one has a small vegetable garden, or a few fruit trees
adjacent to one’s house….and one consumes these vegetable or the fruits
themselves or feeds their family, there is no ‘zakah’ on such growth.
But if one trades or sells the vegetables or fruits grown
from one’s lands, then indeed one would be liable to pay the ‘zakah’ on the
produce of one’s lands at 10% if irrigated naturally (by rain), and 5% if
irrigated through artificial means (wells, tubes, etc.); absolutely regardless
of whether one is actually a farmer or not.
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