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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:

  1. If the land is irrigated by rain the zakah is calculated at 10% of the produce.
  2. 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 Allahs 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

 


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