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| Fatwa ID: | 23235 |
| Title: | Zakat on gold |
| Category: | Poor-due or obligatory charity (Zakaah) |
| Scholar: | Dr.Salah Al-Sawy |
| Date: | 07/01/2008 |
Is there zakat on the gold that a woman keeps (but not for trading purposes), if a year has passed?
In the name of Allah, the Beneficent, the Merciful,
All praise is due to Allah and may peace and blessing be upon the Messenger of Allah, his family, companions and true followers. To proceed:
Zakat must be paid on gold and silver which are kept for trading purposes and that verdict is uncontestable. If they are for acquisition, to help in times of difficulty, and not for adornment, then it is also uncontestable that zakat must also be paid on them. If they are kept for the purpose of adornment, however, there is a difference of agreement amongst the people of knowledge: the majority hold that it is not obligatory to pay zakat on it and that this is like the garment a woman wears, the vehicle she rides and the house in which she lives, for there is no zakat on any of that by consensus. Abu Hanifah (may Allah have mercy on him) held that it is obligatory to pay zakat on adornment if it has reached the threshold (nisab) and an Islamic lunar year (hawl) has passed on it. Among the evidence of the Hanafis for that is the general proofs for the obligation of zakat on gold and silver, on one hand, and the textual evidence related specifically on adornment, on the other hand. We mention from among these:
· The hadith of Amr ibn Shuaib, on the authority of his father, through his grandfather, "A woman came to Allah's Messenger (saws) and she had with her a daughter of hers. On her daughter's wrist were two thick bangles of gold. He asked her, 'Do you pay zakat on that?' She replied, 'No.' He said, 'Would it please you for Allah to make you wear two bangles of fire on the Day of Resurrection?'" He [the narrator] said, "So she took them off and threw them to the Prophet (saws) and said, 'They are for Allah, (Azza wa Jall), and His Messenger.'"
· The hadith related by Abu Dawud that Muhammad ibn `Eisa said that `Eitab (meaning Ibn Bashir), said on the authority of Thabit ibn `Ajlan, on the authority of `Ata', from Umm Salamah, who said, "I was wearing gold anklets, so I asked, 'O Messenger of Allah, are these a treasure?' And he replied, 'Whatever has reached the threshold for you to give zakat on it and its zakat has been given, it is not a treasure.'"
· The hadith also related by Abu Dawud that Muhammad ibn Idris al-Razi said that `Amr ibn al-Rabi`a ibn Tariq said that Yahya ibn Ayoub on the authority of Ubaid-Allah ibn Abi Ja`far that Muhammad ibn `Amr ibn `Ata' told him on the authority of `Abd-Allah ibn Shaddad ibn al-Had that he said, "We entered in upon Aishah, the wife of the Prophet (saws) and she said, 'Allah's Messenger came in and saw in my hand big rings of silver, so he asked me, 'What is that, Aishah?' So I said, 'I made them to decorate myself for you, oh Messenger of Allah!" He asked, "Do you pay their zakat?" I answered, "No or 'ma sha' Allah'." He said, "This is enough of the fire for you!"
As such, whoever pays his zakat as a way of remaining on the safe side and avoiding scholarly differences has done well. We ask Allah to grant success and acceptance to us and to her.
