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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 

 

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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:

  1. To the poor
  2. To the needy
  3. To those who are employed to administer the zakah funds
  4. To those whose hearts have recently been reconciled to the Truth of Islam (new-muslims)
  5. For those in bondage
  6. For those in debt
  7. In the Cause of Allah
  8. 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 ones 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 ones close relatives who are eligible to receive zakah, for then one would receive a double reward for their act of kindness:

  1. One reward for fulfilling the obligatory rite and worship of zakah unto their Lord, and,
  2. Another reward for helping and maintaining and being good and kind to ones 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 ones 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 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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