A. Nisaabul-Zakat for naqd (gold and silver) is defined as the minimum amount of naqd specified by shari’a below which one is not required to pay zakat, whereas if one’s wealth exceeds it then zakat becomes incumbent.

And it is known that zakat ul-maal (wealth) in shari’a is required for the two types of naqd—gold and silver—and what serves their function in modern times (commonly referred to as cash), whether it is dollars or riyals or pounds or otherwise.

Nisaab for gold as our Prophet (peace be upon him) has informed us (and for currencies made from gold) is 20 mithqaalan, a measure which is equivalent to 85 grams of pure gold (1 mithqaal = 4.25 grams). It becomes incumbent upon anyone who owns such an amount in any form to pay zakat on it in the amount of 2.5%.

Nisaab for silver and currencies made from silver is 200 dirhams, which is equivalent to 595 grams of pure silver (1 dirham = 2.975 grams). Likewise, it becomes incumbent upon anyone who owns such an amount in any form to pay zakat on it in the amount of 2.5%.

It is well known that there is a noticeable disparity between the value of nisaab for gold and that of silver in our times. The best and most conservative for a poor person is to assess how many dollars he has that have been in his possession for a complete lunar year (Hijri, which is 354 days). If the amount reaches the value of nisaab for silver or more, then he should pay from it for every 1000 dollars, 25 dollars (i.e., 2.5%) to be spent in the prescribed benficiaries as specified by shari’ah, and we ask Allah to aid us and help us succeed in haqqil-maalwasallaallahualanabiyyanamuhammad

Note you can find the current price of gold and silver via the internet, such as on the following page: <http://www.tradeshop.com/cgi-bin/cgiwrap/raylc/aipm/gold.cgi>

Islam Q&A
Sheikh Muhammed Salih Al-Munajjid

Q. Zakat on retirement income

A. If a person receives an amount of money that he could not have received before, like a bonus or lump sum paid at the end of a period of work, or on retirement, no zakat is due for the time that has passed. Zakat must be paid on whatever is left of that money after an entire Hijri year has passed.

If tax or anything else is deducted, then zakat is due only on the amount which the person receives, and after one year has passed.

And Allah knows best.

Islam Q&A
Sheikh MuhammedSalih Al-Munajjid

Q. Paying zakat on total wealth not just the amount greater than nisaab

A. Al-hamdulillah (all praise be to Allah). Al-Khiraqi (rahimahullah) said: "If it (nisaab al-zakaat) is reached then a quarter of 1/10 is due upon it and upon whatever exceeds it, no matter how small." IbnQadama (rahimahullah) in explaining this statement said: "Meaning that if the amount of silver has reached 200 (which is the nisaab of silver in dirhams as has been discussed in question # 64) and the dinars 20 (which is the nisaab for gold in the units of mathaqeel [ see also question #64]) then one is obligated to pay zakaat upon it one quarter of 10 percent, as this has been established by his (the Prophet's , peace be upon him) saying 'for silver, one fourth of one tenth' " (Al-Mughnima'a al-sharhil-kabeer, 2/600)

As for the meaning of the rest of the statement that what exceeds the nisaab no matter how small, it means that 1/4 of 1/10 (i.e. 2.5%) is also due upon this surplus difference. Thus, the overall meaning is that if monetary wealth surpasses the amount of nisaab, then zakaat is due upon it all, and not upon the surplus only, nor upon the amount of nisaab only, but on the total. Note that zakaat must be paid on the excess amount over nisaab, regardless of how small. This is the opinion taken by Malik and al-Shaafi'i and jumhoor al-ulemaa'. (see the source quoted above)

Islam Q&A
Sheikh MuhammedSalih Al-Munajjid

Q. Zakat in individual amounts will not reach the level of nisaab

A. Praise be to Allaah.

We put this question to Shaykh Muhammad ibnSaalih al-‘Uthaymeen (may Allaah preserve him) and he answered as follows: “Every person has his own money, so if it reaches the level of nisaab, he should pay zakaat, otherwise he should not. But does he have other children to whom he has given the same? If he has other children then let him fear Allaah and treat them fairly, “to the male, a portion equal to that of two females” [al-Nisa’ 4:11 – interpretation of the meaning]. If he does not have other children, then the matter is clear. If he has other children and he gives them the same as he has given to these, then he has treated them fairly and he does not have to do anything more… And Allaah knows best.”

Islam Q&A
Sheikh Muhammed Salih Al-Munajjid

Q. Zakaat on income earned during the year

A. It is not obligatory that zakat be paid on wealth until after the year ends. This refers to the $10,000. That is unless the additional money, which has come after the beginning of the year is a result and proceeds from the original money. This would make this money have the same zakat status, and you would then have to pay zakat on the entire $15,000.

Also, see question #64 and question #101

Islam Q&A
Sheikh Muhammed Salih Al-Munajjid

Q. Questions about zakaah on jewellery and how it should be paid and who should pay it

A. Praise be to Allaah.

Firstly:

Zakaah is obligatory on the owner of the wealth and the owner of the gold, but it is permissible for someone else to pay it on his behalf with his permission.

Based on that, your husband or your father may pay zakaah on your behalf with your permission and he will be doing an act of kindness. It is only stipulated that it be done with your permission and your knowledge, because zakaah is an act of worship in which the intention is essential. So you may form the intention to pay zakaah through your father or your husband.

Secondly:

If the time for paying your zakaah comes in Ramadan, for example, and you sold some of your gold during the year, if the cash stayed with you until Ramadan, then you have to pay zakaah on it at a rate of one quarter of one tenth (2.5 %). If you spent the money before Ramadan, then you do not have to pay anything.

If one year had passed for the gold and you had not paid zakaah on it, then you sold the gold, you have to pay the zakaah that you did not pay because it is a debt that you owe.

Thirdly:

As we mentioned above, the owner of the wealth has to pay zakaah on it, but it is permissible for someone else to volunteer to pay it. If you have gold but you do not have cash and your husband or father does not volunteer to pay zakaah on your behalf, then you should pay it from the gold itself or sell part of it in order to pay zakaah.

Fourthly:

Zakaah does not have to be paid in Ramadan; rather it has to be paid when one year has passed (since it was acquired and every year thereafter). If you took possession of the gold in Ramadan, then the time for the zakaah is in Ramadan. If you took possession of it in Muharram, then zakaah must be paid in Muharram, and so on.

If we assume that the time for paying your zakaah is in Ramadan, but you were late in paying it, then you have to pay it now, because zakaah is a duty that must be fulfilled immediately and it is not permissible to delay it beyond the time when it is due.

How to pay zakaah:

Work out the value of the gold when one year has passed, then pay 2.5% of this value. This is done by seeing how much the gold would be sold for in the market if you wanted to sell it. This takes into account the quantity of the gold, the carat and whether it is used gold. If the gold that you have is worth 100,000 for example, then you have to pay 2.5%, i.e., 2,500.

And Allah knows best.

Islam Q&A

Q. A student is asking about zakaah; her income is $400 per month

A. Praise be to Allaah.

1- The time when zakaah is due is when you have kept the money for a whole year. Then zakaah becomes due, and the rate is 2.5%. This amount that you get every two weeks is not subject to zakaah unless you have kept it for a whole year, or it is income from a business for which the time has come to pay zakaah.

2- Pay your zakaah in the country in which you live, if there are poor people there. If there is another country where there are poor people who are in greater need than people in your country, then it is OK to give your zakaah to them.

3- Yes, the one who receives the zakaah has to be Muslim, except in the case where there is a kaafir whom we want to encourage to become Muslim. If we think that that is most likely to encourage him to become Muslim, it is permissible for us to give zakaah to him.

Shaykh Sa’d al-Humayd.

This applies if that kaafir has a high status among the kuffaar and we hope that by his becoming Muslim his people, tribe or clan will also become Muslims.

The lowest amount at which zakaah becomes due varies according to the type of wealth, whether it is gold or silver. You are undoubtedly asking about an amount of currency such as dollars. It appears that the amount mentioned in the question will be subject to zakaah if it is kept for a whole year, because it is more than the nisaab. For more information on the nisaab see Questions #2795 and 64.

Islam Q&A
Sheikh MuhammedSalih Al-Munajjid

Q. Should he pay zakaah on the expenses that his father gives to him?

A. Praise be to Allaah.

Firstly:

Zakaah is due on cash if you have full possession of the nisaab (minimum threshold) and one full hijri year has passed.

The expenses that a father gives to his son is something that the son takes full possession of and disposes of as he wishes, so that is subject to zakaah.

Secondly:

It is well known that cash in the form of bank notes was not known at the time of the Prophet (peace and blessings of Allaah be upon him), but the scholars have ruled that it is subject to zakaah by analogy with gold and silver.

The nisaab for gold is 85 grams, and the nisaab for silver is 595 grams.

If the cash reaches the value of the nisaab for gold or the value of the nisaab for silver, then it has reached the minimum threshold.

As silver is of a lower price nowadays, the nisaab for cash may be worked out on the basis of the nisaab for silver, because that is more on the safe side and is more beneficial to the poor.

Based on the price of silver today – 12Rabee’ al-Aakhir 1428 AH/29 April 2007 CE – the nisaab for cash is approximately 1093 Saudi Riyals.

If you own this amount of money and one full hijri year has passed since you acquired this amount and it has not dipped below the nisaab during this year, then zakaah must be paid on it, at a rate of 2.5 %.

But if the cash that you possessed dipped below the nisaab during the year, then zakaah does not have to be paid on it, until it reaches the nisaab again and you start to reckon a new year from the time it reached the nisaab.

If the amount by which it dipped below the nisaab was small, then in order to be on the safe side you may pay zakaah, and carry on counting the year. That is because the price of silver fluctuates and does not remain constant throughout the year.

We should not forget to commend your keenness and concern with regard to zakaah, even though you are talking about pocket money that you take from your father, but you are paying attention to Allaah’s right to it and have asked about the Islamic ruling on it at a time when many rich people neglect this pillar of Islam and do not acknowledge Allaah’s rights over their wealth or spend a lot or a little of it, and they spend their days accumulating and hoarding and seeking to acquire more, but at the reckoning on the Day of Resurrection their wealth will be a cause of loss and regret.

Allaah says (interpretation of the meaning):

“34. And those who hoard up gold and silver (Al‑Kanz: the money, the Zakaah of which has not been paid) and spend them not in the way of Allaah, announce unto them a painful torment.

35. On the Day when that (Al‑Kanz: money, gold and silver, the Zakaah of which has not been paid) will be heated in the fire of Hell and with it will be branded their foreheads, their flanks, and their backs, (and it will be said unto them:) ‘This is the treasure which you hoarded for yourselves. Now taste of what you used to hoard’” [al-Tawbah 9:34-35]

We ask Allaah to bless your wealth for you and to grant you abundant halaal provision.

And Allaah knows best.

Islam Q&A

Q. Can he give zakaah to his uncle who is in debt and should he tell him that it is zakaah?

A. Praise be to Allaah.

If your uncle is poor and is thereby entitled to zakaah, then it is OK to give him the zakaah of your wealth, or some of it. This is not subject to any condition of your telling him of that. But if you do not know much about his situation, then you should tell him that it is zakaah so that he can refuse it if he is not entitled to it.

Shaykh Sa’d al-Humayd

Q. Making up zakaah from past years

A. Praise be to Allaah.

We praise Allaah for having guided you, and we ask Allaah to make you steadfast and know that Allaah is Forgiving and Most Merciful. He rejoices over the repentance of His slave, even though He has no need of His creation. We ask Allaah to bestow more of His bounty upon you.

You have to pay the zakaah of the past years according to the amounts of money that you possessed after paying off the debts of each year. Once you arecertain about the amount in any year, then you have to pay zakaah on it. If you do not know the exact amounts, then guess and pay based on that estimate.

ShaykhIbn ‘Uthaymeen (may Allaah have mercy on him) was asked:

A man was careless about paying zakaah for five years, and now he is repenting. Does repentance free him of the obligation to pay zakaah? If it does not free him of that obligation, then what is the solution? This wealth is more than ten thousand and he does not know how much it is now.

He replied:

Zakaah is an act of worship towards Allaah and it is the right of the poor. If a person withholds it, then he is violating two rights: the right of Allaah and the right of the poor and others who are entitled to zakaah. If he repents after five years – as stated in the question – then he is absolved of the obligation to fulfil the right of Allaah, because Allaah says (interpretation of the meaning):

“And He it is Who accepts repentance from His slaves, and forgives sins” [al-Shoora 42:25]

But the second right still remains, which is the right of those who are entitled to zakaah, the poor and others. So he has to hand over the zakaah to these people, and perhaps he will attain the reward for zakaah if his repentance is sound, for the bounty of Allaah is immense.

With regard to working out the amount of zakaah, he should estimate the amount of zakaah as best he can, and Allaah does not burden any soul beyond its scope. So if it is ten thousand, for example, how much is the zakaah for one year? Two hundred and fifty. If the amount of zakaah is two hundred and fifty, then he should pay two hundred and fifty for each of the past years, unless in some of those years he had more than ten thousand, in which case he should pay extra. If it was less in some years, then he should pay less zakaah, accordingly.

As’ilat al-Baab al-Maftooh, Q494, session 12

And Allaah knows best.

Islam Q&A

Q. He has an internet café – how should he pay zakaah on it?

A. Praise be to Allaah.

Firstly:

The goods that are found in business premises are of two types:

1 – Things that are prepared for sale, such as tools, clothing and so on. These are subject to zakaah because they are trade goods.

2 – Things that are prepared for use and not for sale, such as manufacturing equipment, office furniture, photocopiers and computers that are not for sale, rather they are to be used by the employees or workers. There is no zakaah on these, rather zakaah is to be paid on the money that they bring in.

Secondly:

Once it is known that zakaah is only due on the profits that result from the what the company owns of equipment, tools and furniture – then in order for zakaah to be due on the profits, they must reach the nisaab (minimum threshold) and one year must have passed. The nisaab is the equivalent of 85 grams of gold. If one year has passed but the profits did not reach the nisaab, or they reached the nisaab but you disposed of them before one year had passed, then no zakaah is due on them.

Thus it is clear that there is no zakaah on the equipment that you own, and there is no zakaah on the capital that you put into the café. Rather zakaah is due on the money that has been earned, if it reaches the nisaab and one year has passed. But if it was spent before the year passed, then you do not have to pay zakaah.

If the money (accumulated from the profits) decreases but it does not become less than the nisaab, then you should pay zakaah on what is left after one year has passed.

And Allaah knows best.

Islam Q&A

Q. Zakaah for past years, and on shares in the event of a loss

A. Praise be to Allaah.

Firstly:

Zakaah is one of the important obligations of Islam, and it is mentioned alongside prayer in the book of Allaah. Failing to pay it and procrastinating is a major sin.

There is a strong warning about not paying zakaah, which fills the believer’s heart with fear. For example, Allaah says (interpretation of the meaning):

“34. And those who hoard up gold and silver (Al‑Kanz: the money, the Zakaah of which has not been paid) and spend them not in the way of Allaah, announce unto them a painful torment.

“And let not those who covetously withhold of that which Allaah has bestowed on them of His Bounty (wealth) think that it is good for them (and so they do not pay the obligatory Zakaah). Nay, it will be worse for them; the things which they covetously withheld, shall be tied to their necks like a collar on the Day of Resurrection. And to Allaah belongs the heritage of the heavens and the earth; and Allaah is Well‑Acquainted with all that you do” [Aal ‘Imraan 3:180]

al-Bukhaari (1403) narrated that Abu Hurayrah (may Allaah be pleased with him) said: The Messenger of Allaah (peace and blessings of Allaah be upon him) said: “If Allaah gives a person wealth and he does not pay zakaah on it, his wealth will appear to him on the Day of Resurrection in the form of a bald-headed venomous snake with two fangs in its mouth which will encircle him on the Day of Resurrection, then it will hold him with its jaws then it will say: ‘I am your wealth, I am your treasure.’” Then he recited (the verse): “And let not those who covetously withhold of that which Allaah has bestowed on them of His Bounty (wealth) think that it is good for them…”

Hence what you must do is repent to Allaah, and pay the zakaah that you have missed, and also regret what has happened, seek forgiveness, and do a lot of righteous deeds.

Secondly:

If zakaah is obligatory upon a person but he does not pay it, then he must pay it for all the years that have passed.

Al-Nawawi (may Allaah have mercy on him) said in al-Majmoo’ (5/302): If several years have passed in which he did not pay zakaah, then he must pay zakaah for all of them. End quote.

Thirdly:

Zakaah does not have to be paid on cash unless it reaches the nisaab (minimum threshold) and one year has passed. The nisaab is the equivalent of 85 grams of gold or 595 grams of silver.

There is no zakaah due on your salary, unless you have saved from it money that reaches the nisaab, or it reaches the nisaab when added to other money that you own, and one year has passed.

Fourthly:

The shares in which a person deals buying and selling, are subject to the zakaah on trade goods, so at the end of the year you should estimate their value and pay zakaah at a rate of one-quarter of one-tenth (2.5%).

If the shares make a loss, then their value should be worked out; if it reaches the nisaab, then zakaah must be paid on them.

What counts is not the capital with which you bought the shares, but their value at the end of the year. If a person buys shares for ten thousand, for example, and their price falls and at the end of the year they are worth three thousand, then zakaah is due on three thousand, not ten thousand.

Based on that, you have to strive to pay zakaah for the past years. Work out how much money you had at the end of the year, then add to it the value of the shares at that time, then pay zakaah at 2.5 %, and so on for the end of each year.

We advise you to hasten to pay this zakaah and repent to Allaah. We ask Allaah to compensate you with good and to bless you from His bounty.

And Allaah knows best.

Islam Q&A

Q. Does he have to pay zakaah on money which his father is saving for him?

A. Praise be to Allaah.

The obligation of zakaah is subject to several conditions:

Freedom: zakaah is not obligatory upon a slave, because he has no property or wealth. Whatever he owns is the property of his master, so the zakaah is obligatory upon his master.

Islam: because the Prophet (peace and blessings of Allaah be upon him) said, according to the hadeeth of Mu’aadh (may Allaah be pleased with him): “Call them to testify that there is no god except Allaah and that Muhammad is the Messenger of Allaah,” then he mentioned prayer, then he said: “and if they obey you in that, then teach them that Allaah has enjoined upon them charity (zakaah) to be taken from their rich and given to their poor.” (Narrated by al-Bukhaari, al-Zakaah, 1365; Muslim, al-Eemaan, 28) (

Owning the nisaab (minimum amount or threshold): zakaah is not obligatory upon wealth or property that does not meet the minimum amount, which is a known amount of wealth.

Full control: such that no one else has any rights to the wealth; there is no zakaah on wealth that one does not own with full control.

)The passing of one complete (hijri) year: because of the hadeeth of ‘Aa’ishah (may Allaah be pleased with her), who said: “I heard the Messenger of Allaah (peace and blessings of Allaah be upon him) say: ‘There is no zakaah on wealth until one full year has passed.’” (Narrated by Ibn Maajah, al-Zakaah, 1782; classed as saheeh by al-Albaani in Saheeh Sunan Ibn Maajah, no. 1449.

These are the conditions for zakaah being obligatory; if these conditions are met, then zakaah is obligatory.

Based on the above, it may be said that you do not possess the money, let alone saying that you have full control over it. If you possess the money and the other conditions are also met, then you should pay zakaah on it. And Allaah knows best.

For more information on the conditions of zakaah, see al-Mulakhkhas al-Fiqhi by al-Fawzaan, 1/221; al-Sharh al-Mumti’ by Ibn ‘Uthaymeen, 6/22

Sheikh Muhammed Salih Al-Munajjid

Q. It is permissible for a wife to give the zakaah of her wealth to her husband

A. Praise be to Allaah.

Firstly:

It is not obligatory for a husband to pay zakaah on behalf of his wife, because zakaah is obligatory on the owner of the wealth. Zakaah is not part of the obligatory maintenance to which a wife is entitled from her husband.

Secondly:

With regard to a wife giving the zakaah of her wealth to her husband, many scholars have said that this is permissible, and they quote as evidence the report narrated by al-Bukhaari (1462) and Muslim (1000) from Abu Sa’eed al-Khudri (may Allaah be pleased with him), that when the Prophet SAWS (peace and blessings of Allaah be upon him) commanded the women to give in charity, Zaynab the wife of ‘Abd-AllaahibnMas’ood came to him and said: “O Prophet of Allaah, today you told us to give in charity. I have some jewellery and I want to give it in charity, but IbnMas’ood claims that he and his child are more deserving of my charity.” The Prophet (peace and blessings of Allaah be upon him) said: “IbnMas’ood has spoken the truth. Your husband and child are more deserving of your charity.”

Al-Haafiz said:

This hadeeth indicates that it is permissible for a woman to give her zakaah to her husband. This is the view of al-Shaafa’i, al-Thawri and the two companions of Abu Haneefah. It was one of the two reports narrated from Maalik, and from Ahmad.

This is supported by the fact that the Prophet (peace and blessings of Allaah be upon him) did not discuss it further with her, which may be interpretted as meaning that his statement is applicable in general terms, because when she mentioned charity, he did not ask whether this was voluntary charity or obligatory charity (i.e., zakaah). It is as if he said: That is a valid action on your part whether it is obligatory or voluntary.

Some scholars said that it is not allowed for a wife to give the zakaah of her wealth to her husband, because he is going to spend some of it on her, so it is as if she is giving the zakaah to herself. They interpreted this hadeeth as referring to voluntary charity.

Ibn al-Munayyir responded to this view by saying: The possibility that her charity may come back to her also applies in the case of voluntary charity.

ShaykhIbn ‘Uthaymeen said in al-Sharh al-Mumti’ (6/168-169):

The correct view is that it is permissible to give zakaah to one’s husband if he is one of the people who are entitled to zakaah.

Perhaps evidence for that may be seen in the words that the Prophet (peace and blessings of Allaah be upon him) spoke to Zaynab the wife of ‘Abd-AllaahibnMas’ood (may Allaah be pleased with them both): “IbnMas’ood has spoken the truth. Your husband and child are more deserving of your charity.” We may say that this includes both obligatory and voluntary (naafil) charity. Whatever the case, if this hadeeth is evidence then all well and good, but if it applies only to voluntary charity then with regard to giving zakaah to one’s husband we say: if the husband is poor then he is entitled to zakaah, and where is the evidence that this is not allowed? Because if the ruling can only be proven by evidence, there is no evidence either from the Qur’aan or the Sunnah that a woman cannot give her zakaah to her husband.

The Standing Committee (10/62) was asked:

Is it permissible for a woman to give the zakaah of her wealth to her husband if he is poor?

They replied: it is permissible for a woman to give the zakaah of her wealth to her husband if he is poor so as to ward off his poverty, because of the general meaning of the verse in which Allaah says (interpretation of the meaning):

“As-Sadaqaat (here it means Zakaah) are only for the Fuqaraa’ (poor), and Al-Masaakeen (the poor)” [al-Tawbah 9:60]

Thirdly:

The above applies only to a wife giving her zakaah to her husband. With regard to a husband giving his zakaah to his wife, Ibn al-Mundhir said: They (the scholars) are unanimously agreed that a man should not give his zakaah to his wife, because he is obliged to spend on her, which means that she does not need zakaah.

Islam Q&A

Q. I have gold that I need to pay Zakat for. But I do not have money to pay the Zakat. What should I do? should I sell part of the gold to pay Zakat.

A. Praise be to Allaah.

Whoever owns the minimum amount of gold (nisaab), namely 85 grams, and one full hijri year has passed, is obliged to pay zakaah on it, by giving one-quarter of one-tenth (2.5%), whether that is paid from the gold itself or the equivalent after selling it, or from other wealth.

As you do not own any other wealth with which to pay the zakaah, you have to give the zakaah from the gold itself, or sell some of it and pay the zakaah. If someone (your father, brother, husband, etc) volunteers to pay zakaah on your behalf, that is permissible, and he will be rewarded for it.

Shaykh Ibn Baaz (may Allaah have mercy on him) said:

If zakaah is owed by a woman who owns jewellery, and her husband or someone else pays it on her behalf with her permission, there is nothing wrong with that. Zakaah does not have to be paid from the jewelleryitself, rather it is sufficient to give its value every time one hijri year passes, according to the value of gold and silver in the market at the time when the year is completed.

From FataawaIslamiyyah, 2/85

Shaykh Ibn ‘Uthaymeen (may Allaah have mercy on him) was asked: Is zakaah due on gold that is prepared for adornment, if a woman does not have any means of paying zakaah other than selling some of the gold?

He replied:

The correct scholarly view and the most likely to be correct in my view is that zakaah must be paid on jewellery if it reaches the nisaab (minimum threshold), which is eighty-five grams. If it reaches this amount, zakaah must be paid on it. If she has other wealth and pays from that, there is nothing wrong with it. If her husband or one of her relatives pays it on her behalf, there is nothing wrong with that. If neither of these options is available to her, then she should sell some of it and pay zakaah with that money.

Some people may say: if we do this, soon she will not have any jewellery left.

We say: that is not correct, because if it falls below the nisaab, even by a small amount, no zakaah is required. In that case she will inevitably have some jewellery left.

Majmoo’ FataawaIbn ‘Uthaymeen, 18/138

And Allaah knows best.

Islam Q&A

Q. There is no zakaah on machinery; zakaah of one who is in debt

A. Praise be to Allaah.

Firstly:

Whoever possesses wealth on which zakaah is due, and owes a debt, must pay the zakaah; the debt does not make any difference. This is the view of Imam al-Shaafa’i (may Allaah have mercy on him).

That is because of the general meaning of the evidence which indicates that zakaah is due on one who possesses wealth that reaches the minimum threshold (nisaab).

The Prophet (peace and blessings of Allaah be upon him) used to send his agents to collect zakaah, and he did not tell them to ask whether those who had wealth owed debts or not.

Zakaah has to do with the wealth itself, and the debt has to do with the person’s obligations, and the one does not rule out the other.

Shaykh Ibn Baaz (may Allaah have mercy on him) said: As for the debt that he owes, that does nor rule out zakaah according to the soundest scholarly opinion. End quote from Majmoo’ Fataawa al-Shaykh Ibn Baaz, 14/189.

Shaykh Ibn ‘Uthaymeen (may Allaah have mercy on him) said: What I think is most likely to be correct is that zakaah is obligatory regardless of debt; even if a person owes a debt that reduces the nisaab, except a debt which is due before zakaah before due, in which case he should pay it off and then pay zakaah on whatever is left after that. End quote from al-Sharh al-Mumti’, 6/39.

See: al-Majmoo’, 5/317; Nihaayat al-Muhtaaj, 3/133; al-Mawsoo’ah al-Fiqhiyyah, 23/247.

Based on this, if one year has passed since the wealth reached the nisaab, then your brother has to pay zakaah, regardless of any debts he may owe. But if the time for paying the debt comes before the time for praying zakaah, then he should pay off the debt, then pay zakaah on what is left.

Secondly:

If a person owns the nisaab in cash and one year has passed, then he should pay zakaah at a rate of one-quarter of one-tenth (2.5%). This nisaab is the equivalent of 85 grams of gold or 595 grams of silver.

The reckoning of the year begins when he takes possession of the nisaab, not when he puts it in the bank.

If he invests this money in a manner that is acceptable in sharee’ah, then he must pay zakaah on both the capital and the profit at the time when he pays zakaah on the capital.

If the money earns a profit in the last three months of the year, then the year for the capital comes, he must pay zakaah on both the capital and the profit, even though one year has not yet passed for the profit, because it is connected to the capital.

It should be noted that putting money in the bank in return for interest is a kind of riba which Allaah and His Messenger have forbidden, and it is a major sin.

It is permissible to put money in the bank in cases of necessarily, to protect it, subject to the condition that there be no interest.

Thirdly:

Zakaah is only due on the types of wealth specified in sharee’ah, such as cash money, an’aam animals (camels, cattle, sheep and goats) and trade goods. No zakaah is due on houses, cars or buildings that a person owns, unless one intends to trade in them.

Factories usually contain products and goods that are for trade, so these are subject to the zakaah on trade goods. Their value should be estimated at the end of the year, and one-quarter of one-tenth of their value should be paid.

And they contain fixtures and fittings that are not intended for sale; no zakaah on due on these.

It says in Kashshaaf al-Qinaa’ (2/244): No zakaah is due on machinery, the belongings of merchants, the bottles of perfume-sellers, the jars of grocers, and so on, and the same applies to those who deal with oil and honey, except if he intends to sell them (those bottles and jars) with their contents. In that case he must pay zakaah for both bottles and contents, because they are trade goods. End quote.

Shaykh Ibn Baaz (may Allaah have mercy on him) said: Zakaah is due from owners of printing presses or factories only on things that are prepared for sale. As for things that are prepared for use, there is no zakaah on them. The same applies to cars, furniture and vessels that are prepared for use – no zakaah is due on them, because of the report narrated by Abu Dawood (may Allaah have mercy on him) in his Sunan with a hasanisnaad from SamurahibnJundub (may Allaah be pleased with him), who said: The Messenger of Allaah (peace and blessings of Allaah be upon him) commanded us to pay zakaah on that which we had prepared for sale. End quote from Majmoo’ Fataawa al-Shaykh Ibn Baaz, 14/186

And Allaah knows best.

Islam Q&A

Q. Zakaah on wealth earned during the year

A. Praise be to Allaah.

Firstly:

In order for zakaah to be due on money, two conditions must be met:

1 – That it reaches the nisaab (minimum threshold)

2 – That one year has passed since it reaches the nisaab.

If the money is less than the nisaab, then no zakaah is due on it.

If it reaches the nisaab, and one year has passed, i.e. a lunar (hijri) year has passed since the time when it reached the nisaab, thenzakaah becomes due at that point.

The nisaab is the equivalent of 85 grams of gold or 595 grams of silver.

The rate that must be paid for zakaah is one quarter of one tenth (2.5%).

Secondly:

If the money reaches the nisaab and it is 1000 for example, then at the end of the year it is 5000, how should zakaah be paid?

That depends:

1 – If this extra amount stems directly from the original amount, such as if the thousand was invested, and earned four thousand, then you should pay zakaah on the entire amount at the end of the year, because the profit on money is connected to the capital.

2 – If this extra amount did not stem directly from the original amount, rather it is money that was acquired by different means, such as an inheritance or a gift, or it is the price of something that you sold, and so on, then a separate year should be counted for it, starting from the day when you took possession of this extra amount. But if you want to pay its zakaah with the thousand, in advance, there is nothing wrong with that.

3 – This extra amount may come gradually, such as money that a person saves from his salary, so he saves 500 one month, and 1000 another month, until at the end of the year he has collected 4000. So you have the choice of paying the whole amount when one year has passed for the thousand, in which case you will have paid zakaah in advance for the money for which a year has not yet passed, or you can pay the zakaah for each sum separately when its year has passed, but this entails some kind of hardship, as you will be paying zakaah several times in one year.

For more information please see question no. 50801.

And Allaah knows best.

Islam Q&A

Q. He did not pay zakaah due to ignorance, and now his money has decreased

A. Praise be to Allaah.

If a person owns the nisaab (minimum threshold) and a year has passed, then he must pay zakaah, even if the wealth is prepared for Hajj, getting married, building a house or anything else.

The nisaab is the equivalent of 85 grams of gold or 595 grams of silver.

Based on this, when one year had passed you should have paid zakaah on the wealth that you had, and you were wrong to follow the opinions of your friends, and they were wrong to issue fatwas without knowledge.

The zakaah that you did not pay is still a debt that you owe, and you have to pay it now, and repent to Allaah for delaying it.

The amount that you have to pay is one quarter of one tenth (2.5%), i.e., 25 in every thousand.

So the zakaah on 9 million is 225,000, two hundred and twenty five thousand dinars.

When the new year ends, look at the money that you have left, and if it reaches the nisaab then you have to pay zakaah on it.

Shaykh Ibn Baaz (may Allaah have mercy on him) was asked about not paying zakaah for five years out of ignorance.

He replied: You have to pay zakaah for all the past years, and it is not waived due to your ignorance, because the obligation of zakaah is something that no Muslim has any excuse for not knowing, and the ruling is well known to all Muslims. Zakaah is the third pillar of Islam. What you must do is hasten to pay zakaah for all the past years, and repent to Allaah, may He be glorified and exalted, for delaying it. May Allaah forgive us and you and all the Muslims. And Allaah is the Source of strength.

End quote from Majmoo’ Fataawa al-ShaykhIbnBaaz (14/239).

To sum up: You have to pay zakaah on the past years, and you have to pay it because it is something that is still required of you, and the fact that the money has decreased now does not count.

For information on those to whom zakaah may be given, please see the answer to question no. 46209.

And Allaah knows best.

Islam Q&A

Q. Is there any zakah to be paid on a student grant?

A. Praise be to Allaah.

Zakaah is obligatory on four kinds of wealth: agricultural produce (grains, fruits, etc.); freely-grazing livestock and cattle; gold and silver (and their equivalents in modern currencies and bank-notes) – the zakaah on which is 2.5%; and trade goods.

Seeing that the money you have is in the form of paper currency paid to you as a grant from the Japanese government, the easiest way for you with regard to paying zakaah in this case is: wait until after one hijri year has passed, then check your bank and pay 2.5% (twenty-five out of every thousand) from whatever you have. But if you are living hand to mouth, as it were (i.e., spending it all straightaway), and you do not have enough left to reach the level of the nisaab, and a year has passed, then you are not obliged to pay zakaah in this case. And Allaah knows best.

Islam Q&A
Sheikh Muhammed Salih Al-Munajjid

Q. Giving zakaah to an organization so that they will distribute the zakaah to the needy

A. Praise be to Allaah.

If you take of it yourself and give it directly to one who is entitled to it according to your understanding, then you will be sure that it has gone to the right place. If you agree to give it to someone whom you trust to dispose of it in the manner prescribed in Islam, this is also permissible.

Fataawa al-Lajnah al-Daa’imah, 9/457

Shaykh Ibn Baaz said: If the people who are doing that are trustworthy and honest, and will dispose of the zakaah in the ways prescribed in sharee’ah, then it is OK to give one’s zakaah to them, because this is a way of co-operating in righteousness and piety.

Fataawa al-Shaykh ‘Abd al-‘AzeezibnBaaz, 3/126 .

Sheikh Muhammed Salih Al-Munajjid

Q. Is there any zakaah on their house, shops and jewellery?

A. Praise be to Allaah.

Firstly:

The Muslim does not have to pay zakaah on the house in which he lives – even if there is more than one house – or on the car which he has for his own use – no matter how valuable it may be.

ShaykhIbnBaaz (may Allaah have mercy on him) said:

There is no zakaah on houses if they are for living in… but with regard to land, houses, stores and the like that are prepared for sale, zakaah is due on these according to their value each year when a full year has passed, regardless of whether their value has risen or fallen, if the owner has firmly resolved to sell them.

Majmoo’ Fataawa al-ShaykhIbnBaaz, 14/173

Secondly:

There is no zakaah on shops and property used for business themselves; there is no zakaah on land or buildings or on the furnishings and vessels in the store, no matter how much they are worth, unless these things have been prepared for sale, in which case zakaah is due on them. This is what the scholars call zakaah on trade goods.

ShaykhIbnBaaz (may Allaah have mercy on him) said:

The basic principle is that everything that is prepared for sale is subject to zakaah, and things that are used in the shop are not subject to zakaah.

Majmoo’ FataawawaMaqaalaatMutanawwi’ahli’l-ShaykhIbnBaaz, 14/183

The way in which the zakaah is worked out is:

The value of the goods that are in the store at the end of the year is worked out, then the zakaah is paid on them at a rate of one-quarter of one-tenth, i.e., 2.5 % of the value. See question no. 26236.

The scholars of the Standing Committee said:

Trade goods are those which have been prepared for sale and purchase of all kinds or property. Zakaah must be paid on them if their value reaches the nisaab of gold and silver, and the owner took possession of them with the intention of trading them. Their value in gold and silver should be estimated at the end of the year, in favour of the poor and needy. The basic principle concerning that is the verse in which Allaah says (interpretation of the meaning):

“O you who believe! Spend of the good things which you have (legally) earned” [al-Baqarah 2:267]

i.e., what you have earned by trade; this was the view of Mujaahid and others. Al-Baydaawi and others said: Spend of the good things which you have earned, i.e., the obligatory zakaah.

And Allaah says (interpretation of the meaning):

“And those in whose wealth there is a recognised right” [al-Ma’aarij 70:24]

Trade comes under the general meaning of wealth, so there is a due which the Prophet (peace and blessings of Allaah be upon him) defined as being one-quarter of one-tenth. The wealth of trade is the most important kind of wealth, so it is more apt that it be included in the meaning of this aayah than any other kind of wealth. It was narrated that SamurahibnJundub (may Allaah be pleased with him) said: “The Messenger of Allaah (peace and blessings of Allaah be upon him) used to command us to pay zakaah on that which we had prepared for sale.” (Narrated by Abu Dawood)

‘Umar said to Hamaas, “Pay the zakaah on your wealth.” He said, ‘I only have some quivers and leather.” He said, “Estimate how much they are worth and pay the zakaah.” Imam Ahmad (may Allaah have mercy on him) quoted this story as evidence.

It was narrated from Abu Hurayrah (may Allaah be pleased with him) that the Messenger of Allaah (peace and blessings of Allaah be upon him) said: “With regard to Khaalid, you have been unfair to Khaalid, because he is keeping his shields and weapons for the purpose of jihaad.” (Agreed upon). Al-Nawawi and others said: This indicates that it is obligatory to pay zakaah on trade goods, otherwise the Prophet (peace and blessings of Allaah be upon him) would not have explained Khaalid’s excuse.

Al-Bukhaari and Muslim narrated a marfoo’ report from Abu Hurayrah (may Allaah be pleased with him) in which it says: “The Muslim does not have to pay zakaah on his slave or his horse.” Al-Nawawi and others said: This hadeeth is the basis of the view that there is no zakaah on wealth kept for personal use.

Shaykh ‘Abd al-‘Azeezibn ‘Abd-AllaahibnBaaz, Shaykh ‘Abd al-Razzaaq ‘Afeefi and Shaykh ‘Abd-AllaahibnQa’ood.

Fataawa al-Lajnah al-Daa’imah, 9/186, 187

Thirdly:

With regard to the jewellery that you own, if it is gold and silver then you have to pay zakaah on it at a rate of 2.5% if it reaches the nisaab; the nisaab for gold is approximately 85 grams.

If it something other than gold and silver – such as rubies and coral – and it is worn as adornment, then there is no zakaah on it. If it is acquired for the purpose of trade, then zakaah must be paid on it.

Shaykh Ibn Baaz (may Allaah have mercy on him) said:

Gold is the thing on which zakaah is due; as for precious stones and diamonds, no zakaah is due on them unless they are for trade purposes.

Majmoo’ FataawawaMaqaalaatMutanawwi’ahli’l-ShaykhIbnBaaz, 14/121

The scholars of the Standing Committee said – in a fatwa that covers more than was mentioned in the question –

The fact that zakaah must be paid on coins – whether gold or silver – has been proven in the Qur’aan and Sunnah and by scholarly consensus. Trade goods are not sought in and of themselves, rather what is sought through them is coins, whether gold or silver. Matters are judged according to their purpose, because the Prophet (peace and blessings of Allaah be upon him) said: “Actions are but by intentions.” Hence zakaah is not due on a slave who is acquired as a servant, or on a horse that is acquired to be ridden, or on a house that is acquired to be lived in, or on a garment that is acquired to be worn, or on chrysolite, rubies, coral etc that are acquired for use as adornments. But if all of these or similar things are acquired for the purpose of trade, then zakaah must be paid on them, because the purpose behind them is to acquire gold and silver coins or whatever is used in their place… Based on this, whoever withholds zakaah on whatever trade goods he has is sinning…

Fataawa al-Lajnah al-Daa’imah, 9/312, 313

The questioner says, “And we have some different assets of 1 million rs.” If these things are gold or silver, or prepared for sale, then zakaah is due on them; if what is referred to is things that are used such as cars, furniture, etc, then there is no zakaah on them.

In conclusion:

The questioner should evaluate the products that he has at the end of the year and add their value to whatever money, gold and silver he has, and then pay zakaah on the total amount, at a rate of one-quarter of one-tenth (2.5%).

And Allaah knows best.

Islam Q&A

Q. Can a daughter pay zakat/zakat ulfitr on behalf of her father?

A. Praise be to Allaah.

Shaykh Muhammad al-‘Uthaymeen (may Allaah have mercy on him) said:

Whoever pays on behalf on one whose zakaat al-fitr he is not obliged to pay must have his permission. So if Zayd pays it on behalf of ‘Amr without his permission, that is not valid, because Zayd is not obliged to pay zakaat al-fitr on behalf of ‘Amr. It is essential that the right intention (niyyah) be formed, either on the part of the one who is obliged to pay it or on the part of the one who pays it on his behalf. This is based on a principle that is well known to the fuqaha’, which they called tasarruf al-fudooli, referring to the question of when a person acts on behalf of another without his permission, is the action completely invalid or does it depend on the permission and approval of the other person?

There is a dispute among the scholars on this matter. The most correct view is that it is valid if the other person gives his approval. And the Shaykh quoted the hadeeth of Abu Hurayrah’s interaction with the Shaytaan when he was guarding the zakaah. See the text of this hadeeth in the answer to question no. 6092. This is corroborated by the fact that the Messenger (peace and blessings of Allaah be upon him) approved of this action on the part of Abu Hurayrah and regarded it as valid, even those what was taken from was zakaah, and Abu Hurayrah was appointed to guard it, and not anyone else.

Al-Sharh al-Mumti’, 6/165.

And Allaah knows best.

Islam Q&A

Q. Zakaah on stagnant real estate shares

A. Praise be to Allaah.

Zakaah on real estate shares should be paid as zakaah on trade goods, because these real estate companies buy land with the aim of trading in it.

When the year ends, you have to work out the value of your shares in this company and pay zakaah on them at a rate of one quarter of one tenth.

The year begins from when you took possession of wealth that reached the nisaab, with which you bought these shares.

ShaykhIbn ‘Uthaymeen (may Allaah have mercy on him) said concerning land that belongs to a real estate company:

These shares are trade goods, it seems, because those who buy shares in land intend to trade and earn money from it. Hence they have to pay zakaah on it every year, by working out its value, then paying zakaah. So if he bought shares for thirty thousand and at the end of the year these shares are worth sixty thousand, then he has to pay zakaah on sixty thousand. If at the end of the year the thirty thousand is worth only ten thousand, then he only has to pay zakaah on ten thousand. End quote from Majmoo’ FataawaIbn ‘Uthaymeen (18/226).

He (may Allaah have mercy on him) was also asked about a person who bought land with the aim of trading it, but it remained in his possession for a long time. Does he have to pay zakaah on it?

He replied: If a person buys land to trade it then he has to pay zakaah on it every year, whether its value increases or decreases, and whether he manages to sell it or not. He should work out its value every year, then if he has money he can pay the zakaah from the money that he has. If he does not have money then he should keep a record of the zakaah that is due every year, and when he sells it he should pay the zakaah for the past years. End quote from Liqa’ al-Baabil-Maftooh (15/12).

But if the land or shares do not sell, and the owners put them up for sale but do not find anyone to buy them, then some of the scholars think that in this case it is like a loan that was given to a poor person who cannot afford to pay it off; zakaah is not due on it until it is sold, and he should pay zakaah for one year only. But in order to be on the safe side, he should pay zakaah for all years.

See: Majmoo’ Fataawa al-ShaykhIbn ‘Uthaymeen (18/206).

And Allaah knows best.

Islam Q&A

Q. Dividing Muslims into practising and non-practising

A. Praise be to Allaah.

The Muslim is the one who believes in the six pillars of faith: He believes in Allaah, His angels, His Books, His Messengers, the Last Day, and the Divine will, both good and bad; who utters the testimony of belief in Tawheed (Oneness of Allaah) to proclaim his submission to Allaah alone with no partner or associate; and follows the sharee’ah which was brought by the Prophet (peace and blessings of Allaah be upon him).

Everyone who does that is a Muslim, with the same rights and duties as all other Muslims, unless he destroys his Islam by saying, doing or believing anything that implies kufr and demolishes the pillars of faith that are established in his heart.

But people vary in the degree of their faith, just as they vary in the level of their adherence to the rulings of Islam and following its commands.

The Prophet (peace and blessings of Allaah be upon him) told us that faith has many branches and varying degrees, which means that the believers will vary in their degrees according to the extent to which they follow these branches and levels.

It was narrated that Abu Hurayrah (may Allaah be pleased with him) said: The Messenger of Allaah (peace and blessings of Allaah be upon him) said: “Faith has seventy-odd – or sixty-odd – branches, the best of which is saying Laailaaha ill-Allaah, and the least of which is removing something harmful from the road, and modesty is a branch of faith.” Narrated by al-Bukhaari (9) and Muslim (35).

In the Holy Qur’aan, people are divided into three categories: the one who wrongs himself by sinning, the one who is average in his adherence to what is obligatory and avoidance of what is forbidden, and the foremost in good deeds who regularly performs naafil acts of worship and strives hard to attain high levels. Allaah says (interpretation of the meaning):

“Then We gave the Book (the Qur’aan) as inheritance to such of Our slaves whom We chose (the followers of Muhammad صلى الله عليه وسلم). Then of them are some who wrong their ownselves, and of them are some who follow a middle course, and of them are some who are, by Allaah’s Leave, foremost in good deeds. That (inheritance of the Qur’aan) ___ that is indeed a great Grace” [Faatir 35:32]

Division of people into categories according to their obedience and adherence to the laws of Allaah is something real and unavoidable, but calling people by those categories is something which may vary. But in general these categories are acceptable and correct.

Although we do not see anything basically wrong with this categorization, which includes calling people practising or non-practising, we would like to draw attention to some mistakes that have to do with the kind of categorizing that is common nowadays.

1. It is not permissible to limit the concept of “practising” or “being committed” to external matters only, and apply this label only to one who has a beard and wears a thobe, rather attention should be paid to complete adherence to Islam and correct ‘aqeedah (belief). A good attitude and morals are the basic foundation of this category. The thobe, beard and women’s hijabs are part of Islamic teachings, but not everything; they are outward indications of religious commitment which should be accompanied by inward commitment too. But this required balance between inward and outward is lacking in more than a few cases, unfortunately. Hence it is not permissible to use these characteristics as a weapon to categorize people incorrectly. The one who dislikes a person and calls him non-practising or uncommitted, and who likes another person and describes him as practising or committed, intends thereby to judge whether people are good or bad, when he is not qualified to do so, rather he may be lacking in good character altogether.

We have seen many examples of this behaviour in many societies, in which Islamic terminology is used to achieve personal gains. This is a phenomenon that is dangerous and must be avoided by all.

2. With regard to using these labels as a means of causing division among people, creating disputes among them and stirring up disunity, this is an evil intention which is not acceptable in sharee’ah, unless the person who is described as not being religiously committed has gone to extremes in committing evil openly and blatantly doing things which the Muslim scholars are unanimously agreed are wrong; such a person may be described as a sinner and uncommitted or non-practising. But we see that many people define as religious commitment things that they think are part of the religion but which may be matters that are subject to ijtihaad, then they label people as religiously committed or otherwise based on the scholarly view that they prefer, without paying any attention to the actual difference of scholarly opinion concerning this matter. This is also a serious mistake.

Hence what we think is most fair and just and farthest removed from dispute, and more safe before Allaah is to describe people – when there is a legitimate need for further description beyond simply calling a person a Muslim – by using clear and specific words and not general words. For example, one may say: He prays regularly, or he is of good character, or he reads Qur’aan. These attributes are clear and specific, and express the fact that is being described, without introducing personal opinion, or bearing the responsibility of general words which may be motivated by greed or grudges. As for describing someone as “religiously committed” or “practising”, these are general and ambiguous words which require close scrutiny of the person described, followed by honesty in judgement, which is rarely found nowadays. And it is well known that most of people’s problems result from general, ambiguous statements.

And Allaah knows best.

Fatwaislam.com

Q. Is it permissible for a person to keep the Zakah of his wealth or Zakatul-Fitr in order to give it to one of the poor people who he is not able to get in touch with yet?

Q: Az-Zakah on Wealth that is kept for Marriage?

Q: I am an employee who receives a salary, and every month I save a portion of it. There is not a specific percentage for the savings, so how do I pay the Zakah of this wealth?

Q: I have a piece of land that I bought with the intent of building on it. Then after a period of time, I needed to sell it, so I sold it. Is there any Zakah due on me for the period of time that I was

not trying to sell it.?

Q: The ruling of Az-Zakah on Jewellery, Diamonds and precious Stones?

Q: Is it Lawful to Give Charity on their Behalf?

Q: Who is considered eligible to receive the Zakaat ?

Q: Is there any Zakah on Diamonds that are used for beautification and wearing?

Q: There is an upright(i.e., religous)young man who wants to get married, and there is no doubt that he needs assistance to complete the matter of marriage. Is it permissible for me to give him from Az-Zakah to help him in the matter of his marriage?

Q: Can I give some money in charity to someone who is needy while believing it is from Az-Zakah or not?

Q: Is Az-Zakah due on the wealth that is donated for Masjid's?

Q: Is there any Zakah on Diamonds that are used for beautification and wearing?

Q: How is Az-Zakah to be paid on transport vehicles and rental cars? Is it based on their value or their earnings?

Q: There is a man who lives outside of his country, so how does he pay the Zakah of his wealth? Does he send it to his country,does he pay it in the country where he lives or does he give his family the responsibility of paying it on his behalf?

Q: What is the ruling on using zakaah monies to finish builidng a masjid that is almost completed, and its construction may be halted (due to lack of funding)?

Question and answers:

Q. Is it permissible for a person to keep the Zakah of his wealth or Zakatul-Fitr in order to give it to one of the poor people who he is not able to get in touch with yet?

A. If the amount of time is short and not long, there is no harm in him keeping it until he can give it to some of the poor people among his relatives or someone who is poorer or in more dire need.However, it should not be a long period of time. It should only be a number of days that are not numerous. This is in reference to the Zakah of wealth. Concerning Zakatul-Fitr, it should not be delayed for later. Rather, it is obligatory to pay it before the Eid prayer, as the Prophet- Sallallahualaihiwasallam- ordered. It may be given before the Eid by a day it two or three. There is no harm in that. However, it should not be delayed until after the prayer.

Shaykh `Abdul-`Azeez Bin Baz

FatawaIslamiyah Page 205 Vol:2

Q. Az-Zakah on Wealth that is kept for Marriage

A. Az-Zakah is due on the mentioned sum of money if it was possessed for a year, even if it was kept for marriage. The amount of Zakah that is due is one fortieth, i.e., 2.5%. And Allaah knows best.

Shaykh `Abdul-`Azeez Bin Baz

FatawaIslamiyah, DARUSSALAM, Vol.3, Page Nos. 159/160

Q. I am an employee who receives a salary, and every month I save a portion of it. There is not a specific percentage for the savings, so how do I pay the Zakah of this wealth?

A. What is obligatory upon you is to pay the Zakah of every amount that you save if you have possessed it for a year. If you pay the Zakah of all of the money when a year has passed on the first amount that was saved, then that is sufficient. In this way, the Zakah of the latter sums is considered as being paid in advance before the completion of their year. And paying Az-Zakah in advance before it is possessed for a complete year is permissible, especially if there is a need for it or a religious benefit in that.

Shaykh `Abdul-`Azeez Bin Baz

Fatawa Islamiyah, DARUSSALAM, Vol.3, Page No. 165

Q. I have a piece of land that I bought with the intent of building on it. Then after a period of time, I needed to sell it, so I sold it. Is there any Zakah due on me for the period of time that I was not trying to sell it.

A. If the matter is as you mentioned in the question, there is no Zakah due on you for whatever time passed before the sale. This is because the reason that necessitates the the payment of Az-Zakah is not present, which is the intent to sell, and you were not intending to sell it.

Shaykh `Abdul-`Azeez Bin Baz

FatawaIslamiyah, DARUSSALAM, Vol.3, Page No. 166

Q.The ruling of Az-Zakah on Jewellery, Diamonds and precious Stones

A. Az-Zakah is obligatory on you from the time you knew it was obligatory on you to pay Az-Zakah on jewellery. Whatever occurred before that in the previous years before your knowledge of this, then you do not have to pay Az-Zakah for it. This is because the Islamic laws only become obligatory after they are known. The amount that must be paid is 2.5% if the jewellery reaches the minimum amount required for Az-Zakah, which is 20 Mithqal (gold). This is equivalent to 11.5 Saudi Junayhs. If gold jewellery reaches this amount or more, then Az-Zakah must be paid on it. For every 1000 Junayhs, 25Junayhs is due. In reference to silver, its minimum amount before Az-Zakah is due is 140 Mithqal, which is equivalent to it of monetary currency. The amount that must be paid is 2.5% just like with gold.

In reference to diamond and other stones, no Zakah is due on them if they are for wearing. However, if they are for sale, then Az-Zakah is obligatory on them according to their value in gold and silver if they reach the minimum amount required for Az-Zakah. And Allaah is the Giver of success.

Shaykh `Abdul-`Azeez Bin Baz

FatawaIslamiyah, DARUSSALAM, Vol.3, Page Nos. 178/179

Q. Is it Lawful to Give Charity on their Behalf

A. If the matter is as you have mentioned in your question, which is that you forgot the owners of the hundred (Riyals) then it is lawful for you to give charity on their behalf. Then if you remembered any of them you must give him his right, unless he approves of your having given it in charity on his behalf. In that case, you will be absolved from blame and you and them will be rewarded.

Shaykh `Abdul-`Azeez Bin Baz

FatawaIslamiyah, volume 5 / page 27

Q. Who is considered eligible to receive the Zakaat ?

A. It does not befit that the Zakaat be given to the one who does not utilize it for obedience to Allaah. For indeed Allaah The Most High has obligated it as an aid towards obedience to Him for whosoever is in need of it from the believers, such as the poor and those under debt or one who helps the believers.

So whoever does not pray from the people who are needy should not be given anything until he repents; and until he adheres to the performance of the prayers in their correct times.

Shaykhul-Islaam Ibn Taymiyyah

Ikhtiyaaraat al-Fiqhiyyah min Fataawaa Shaikhul Islaam Ibn Taymiyyah page 103

Q. Is there any Zakah on Diamonds that are used for beautification and wearing?

A. There is no Zakah on Diamonds that are for beautification and wearing.However, if the diamonds are for buisness(i.e., buying and selling), Az-Zakah must be paid on them.The same applies to pearls.In reference to gold and silver, Az-Zakah must be paid on them if they reach the minimum amount required,even if they are only for wearing according to the most correct opinion of the scholars.

Shaykh `Abdul-`Azeez Bin Baz

FatawaIslamiyah Darussalam Vol:3 page no.181

Q.There is an upright (i.e., religous)young man who wants to get married, and there is no doubt that he needs assistance to complete the matter of marriage. Is it permissible for me to give him from Az-Zakah to help him in the matter of his marriage?

A. It is permissible to pay Az-Zakah to this young man as a means of helping him get married if he cannot afford it. And Allah is the Giver of success.

Shaykh `Abdul-`Azeez Bin Baz

FatawaIslamiyah Darussalam Vol:3 page no.190

Q. Can I give some money in charity to someone who is needy while believing it is from Az-Zakah or not?

A. If you give anything of your wealth and place it in the hand of a poor person while intending that it is from Zakah on your wealth when you give it to him, then that fulfills the obligation of Az-Zakah.

Permanent Committee for Research and Verdicts

FatawaIslamiyah Darussalam Vol:3 page no.190

Q. Is Az-Zakah due on the wealth that is donated for Masjid's?

A. There is no Zakah on wealth of donations for Masjid's and similar things.It is all the same, as there is a lack of personal ownership involved in these things.

Permanent Committee for Research and Verdicts

FatawaIslamiyah Darussalam Vol:3 page no. 184

Q. Is there any Zakah on Diamonds that are used for beautification and wearing?

Shaykh `Abdul-`Azeez Bin Baz

Fatawa Islamiyah Darussalam Vol:3 page no.181

Q. How is Az-Zakah to be paid on transport vehicles and rental cars? Is it based on their value or their earnings

A. As long as these vehicles are used for rental, Az-Zakah is obligatory on their rental fee if they have been rented for a year. There is no Zakah on their value.

Permanent Committee for Research and Verdicts

Fatawa Islamiyah Darussalam Vol:3 page no.172

Q. There is a man who lives outside of his country, so how does he pay the Zakah of his wealth? Does he send it to his country,does he pay it in the country where he lives or does he give his family the responsibility of paying it on his behalf?

A. He should look at whatever is the most beneficial for the people who are recipients of Az-Zakah. Is it more beneficial for him to pay it to the people in his country or does he send it to another country where there are poor people? If the two situations are equal, then he gives it in the land that he is in.

Shaykh Muhammad bin Saalih al-`Uthaymeen

Fatawa Islamiyah Darussalam Vol:3 page no.199

Q. What is the ruling on using zakaah monies to finish builidng a masjid that is almost completed, and its construction may be halted (due to lack of funding)?

A. What is well-known to the scholars, and it is the position of the vast majority of them, so it can be considered like ijmaa' (a scholarly consensus) of the scholars of the early As-Salaf As-Saalih, is that zakaah is not to be used for building masjids, buying books, or the likes. It may only be distributed to the eight kinds of recipients that are mentioned in the verse in Soorah At-Tawbah [v.60], and they are:

(1) the fuqaraa' (those who are extremely poor),

(2) the masaakeen (the poor and needy),

(3) those who work in distributing it,

(4) those whose hearts are inclinded towards Islaam,

(5) freeing slaves,

(6) paying debts,

(7) in the way of Allaah, and

(8) the traveler who is in need.

And the phrase "in the way of Allaah" means jihaad specifically. This is what is known to the people of knowledge, and the building of masjids is not mentioned here, nor is the building of schools or roadways, nor their likes. And Allaah is the One who grants success.

Shaykh `Abdul-`Azeez Bin Baz

Majmoo' Fataawaawa Maqaalaat Mutanawwa'ah (14/294)

Alifta.net

Q: I have a sum of about ten thousand Saudi riyals and I want to pay its Zakah (obligatory charity), but I do not know how to pay it. Is it permissible to keep it until I return to my country and then pay its Zakah or not?

Q: Is it permissible to delay Zakah (obligatory charity) for months in order to search for the needy, or because I have no money when the time of Zakah is due?

Q: What is the ruling on those who do not pay Zakah (obligatory charity)? Is there any difference between the person who does not pay it because he denies its obligation and the person who does so because he is miser or neglectful?

Q: What is your advice for men who do not pay Zakah? Perhaps their hearts will soften and they will return to the truth.

Q: A woman had gold but did not pay Zakah (obligatory charity) out of ignorance of the ruling, and now she has sold the gold and after she came to know that Zakah is obligatory on gold, she paid the due Zakah on the gold that she currently owns. Is she to blame? Should she pay the Zakah on the gold she owned in the past? If she should, how could she do this while she does not know its amount? Kindly, give us your Fatwa (legal opinion issued by a qualified Muslim scholar). May Allah reward you with the best.

Q: A woman has gold that reached the Nisab (the minimum amount on which Zakah is due) but she did not know that she had to pay Zakah on it until five years had passed.When she knew that, she wanted to pay the Zakah (obligatory charity) on it, but she does not own anything other than this gold. What should she do with regard to the past five years? Should she sell part of it? What should she do regarding the coming years? You should bear in mind that she could not pay the Zakah all at one time except after selling some of the gold each year as she has no other means of support.

Q: I have not paid Zakah for three years after possessing the Nisab (the minimum amount on which Zakah is due). I calculated the money I have and the money people owe me to come up with this sum. Should I pay the Zakah (obligatory charity) due from this money for the past three years when the third year completes this year, knowing that I am wealthy and can do this? Or what should I do?

Q:What is the definition of Al-Miskin (the needy) to whom Zakah (obligatory charity) should be given and what is the difference between him and Al-Faqir (the poor)?

Q: Classifying a person as who should receive Zakah (obligatory charity) differs from time to time, so I want to know the criterion that determines this. Moreover, if one finds that he gave Zakah to a person who was not in need of it, should he pay it again?

Q : The salaries of those who work here are generally low and barely suffice them in providing for their families. Is it permissible to pay Zakah to them?

Q: A person traveling outside his country was robbed, is it permissible to give him from Zakah (obligatory charity) despite the fact that financial transactions are facilitated in our current time?

Q: Is it permissible to build a Masjid (mosque) or a school out of Zakah (obligatory charity) money?

Q: Does the Ayah (Qur'anic verse) state the eight categories of Zakah recipients in order, or just for pointing them out?

Q. A man died and left behind wealth and orphans. Is Zakah (obligatory charity) due from this wealth? If that is the case, who should pay it?

Q: Is it permissible to permissible to give the Zakah (obligatory charity) to a Dhimmy (protected non-Muslim living under Islamic rule)?

Q: Is it permissible to delay Zakah (obligatory charity) for months in order to search for the needy, or because I have no money when the time of Zakah is due?

Q: Is it permissible for two or three owners of cattle to gather the cattle they have together for the purpose of Zakah (obligatory charity)?

Question and answers:

Q: I have a sum of about ten thousand Saudi riyals and I want to pay its Zakah (obligatory charity), but I do not know how to pay it. Is it permissible to keep it until I return to my country and then pay its Zakah or not?

A: It is obligatory on Muslims to hasten to pay Zakah once the one year period has passed while you have held a fixed amount. It is obligatory to pay Zakah in any place but one must seek the poor and the needy by the help of trustworthy people inside the boundaries of the country where one lives. One is to give Zakah whether one is in Yemen, the Levant(the region covering Syria, Lebanon, Jordan, and Palestine), Makkah or any other place.

Allah (Exalted be He) ordained Zakah on you. If you have ten thousand, the Zakah due is two hundred and fifty riyals, i.e. 2.5%. You must search for those in need and give them Zakah seeking the help of the trustworthy people, such as your friends and brothers to guide you to them.

Q: Is it permissible to delay Zakah (obligatory charity) for months in order to search for the needy, or because I have no money when the time of Zakah is due?

A: There is no wrong in delaying Zakah for the mentioned above reasons. When a person finds the poor or the money, he must hasten to give Zakah because it is not permissible to delay it after the completion of one complete Hijri year; except for a Shar`y (Islamically Lawful) reason such as not having the money when Zakah is due or the inability to find the poor.

I ask Allah to grant you and us understanding in Islam and remain upright upon it for He is the Most Generous and Bountiful.

Q: What is the ruling on those who do not pay Zakah (obligatory charity)? Is there any difference between the person who does not pay it because he denies its obligation and the person who does so because he is miser or neglectful?

A: All praise be to Allah Alone, and peace and blessings be upon His Messenger, and his family and Companions.

The ruling on one who does not pay Zakah should be detailed. If he does not pay Zakah because he does not believe it is obligatory while its conditions are applicable to him, he is a Kafir (disbeliever) according to Ijma` (consensus of scholars). The same applies even if he pays it but still denies its obligation. If he does not pay it because he is miser or heedless, he is Fasiq (someone flagrantly violating Islamic law) committing one of the major sins. If he dies in this state of violating this law, he is left to the Will of Allah Who says: Verily, Allâh forgives not that partners should be set up with Him (in worship), but He forgives except that (anything else) to whom He wills

The Glorious Qur'an and the honorable Sunnah indicate that one who does not pay Zakah on properties and wealth will be punished on the Day of Resurrection by them and then will be shown his way, either to Jannah (Paradise) or to Hellfire. This warning is for those who do not pay Zakah and do not deny its obligation. Allah (Exalted be He) says in Surah Al-Tawbah: And those who hoard up gold and silver [Al-Kanz: the money, the Zakât of which has not been paid] and spend them not in the Way of Allâh, announce unto them a painful torment. On the Day when that (Al-Kanz: money, gold and silver the Zakât of which has not been paid) will be heated in the Fire of Hell and with it will be branded their foreheads, their flanks, and their backs, (and it will be said unto them): "This is the treasure which you hoarded for yourselves. Now taste of what you used to hoard." The same is stressed by the authentic Hadith concerning those who do not pay Zakah on the gold and silver. Moreover, the Hadith warns that those who do not pay Zakah on camels, sheep, and cows will be punished on the Day of Resurrection by these animals.

The one who does not pay Zakah due from the cash and commercial commodities takes the same ruling as the one who does not pay Zakah due from gold and silver.

As for those who deny the obligation of Zakah, they take the same ruling as the Kafirs. They will be gathered with them and driven into the Hellfire where they will remain eternally. Concerning the Kafirs and their likes, Allah (Glorified and Exalted be He) says in Surah Al-Baqarah: Thus Allâh will show them their deeds as regrets for them. And they will never get out of the Fire. And in Surah Al-Ma'idah: They will long to get out of the Fire, but never will they get out therefrom; and theirs will be a lasting torment. There are many proofs from the Glorious Qur'an and Sunnah to the same effect.

Q: What is your advice for men who do not pay Zakah? Perhaps their hearts will soften and they will return to the truth.

A: My advice to those who are miserly and avoid paying Zakah is that they should fear Allah and remember that their Lord Who provided it, i.e. the money, has made it a trial for them. Thus, one who appreciates the blessing and pays its due right will be successful, whereas the miser who does not pay Zakah which is the due right on such blessings will perish, lose, and taste punishment and retribution in one's grave and on the Day of Judgment, may Allah grant us safety. Wealth is transient and also significantly dangerous and has serious consequences for the miser who does not pay its Zakah. One will die and leave it for one's heirs, but will be accountable for it and for not paying its due right. Thus, it is obligatory for every Muslim having money to fear Allah and bear in mind that everyone will stand before Allah (Exalted be He) to be judged according to one's work and remember that this money is a trial as Allah (Glorified and Exalted be He) says: Your wealth and your children are only a trial And: ...and We shall make a trial of you with evil and with good. Hence, money is a trial and a test. If you praise Allah, pay the due Zakah, and spend it in its right places, then you will be truly prosperous and it will be a blessing for you. Such money will be a good helper for the believer through which he can join ties of kinship, use it to fulfill his obligations, contribute to charitable projects, and help and relieve the oppressed. Thus, for such a person, money is a blessing. As for the miser, it is a grave misfortune and his end will be tragic. We ask Allah to grant us and all Muslims safety from every evil.

Q: A woman had gold but did not pay Zakah (obligatory charity) out of ignorance of the ruling, and now she has sold the gold and after she came to know that Zakah is obligatory on gold, she paid the due Zakah on the gold that she currently owns. Is she to blame? Should she pay the Zakah on the gold she owned in the past? If she should, how could she do this while she does not know its amount? Kindly, give us your Fatwa (legal opinion issued by a qualified Muslim scholar). May Allah reward you with the best.

A: She should pay the due Zakah on her jewelry from the time when she came to know that it is obligatory. This is according to the most preponderant opinion. As for the past period in which she did not know the ruling of Shari`ah (Islamic law), there is nothing due on her. May Allah grant us all success.

Q: A woman has gold that reached the Nisab (the minimum amount on which Zakah is due) but she did not know that she had to pay Zakah on it until five years had passed. When she knew that, she wanted to pay the Zakah (obligatory charity) on it, but she does not own anything other than this gold. What should she do with regard to the past five years? Should she sell part of it? What should she do regarding the coming years? You should bear in mind that she could not pay the Zakah all at one time except after selling some of the gold each year as she has no other means of support.

A: She has to pay Zakah on her jewelry in the future each year if it reaches the Nisab, which is twenty Mithqals that equals 11.3/7 Saudi pounds. This is equivalent to 92 grams. She has to give it even if she is to sell some of her jewelry or any of her property. If her husband, father, or others pay the Zakah on her behalf, it is permissible. Otherwise, the Zakah is a debt that she has to pay. As for the years that passed before she came to know that Zakah should be paid on jewelry, she does not have to do anything about them, because she was unaware of that and because there is some element of confusion concerning this issue, since some of the scholars do not advocate that it is obligatory to pay Zakah on jewelry that is worn or is prepared to be worn. However, the most correct view is that it is obligatory to pay Zakah on it if it reaches the Nisab and one Hawl (one lunar year calculated from the time a property reaches the minimum amount upon which Zakah is due) has passed, because of the evidence of the Qur'an and Sunnah in this regard. May Allah grant us success.

Q: A woman has gold that reached the Nisab (the minimum amount on which Zakah is due) but she did not know that she had to pay Zakah on it until five years had passed. When she knew that, she wanted to pay the Zakah (obligatory charity) on it, but she does not own anything other than this gold. What should she do with regard to the past five years? Should she sell part of it? What should she do regarding the coming years? You should bear in mind that she could not pay the Zakah all at one time except after selling some of the gold each year as she has no other means of support.

Q: I have not paid Zakah for three years after possessing the Nisab (the minimum amount on which Zakah is due). I calculated the money I have and the money people owe me to come up with this sum. Should I pay the Zakah (obligatory charity) due from this money for the past three years when the third year completes this year, knowing that I am wealthy and can do this? Or what should I do?

A: You have to pay Zakah for the past two years and ask forgiveness from your Lord and repent to Him for having delayed paying the due Zakah. When the third year completes, pay the Zakah due for it. Do not delay paying Zakah. Rather, hasten to pay the Zakah due for the past two years and seek Allah's Forgiveness. When the third year completes, pay the Zakah due for it.

Q: What is the definition of Al-Miskin (the needy) to whom Zakah (obligatory charity) should be given and what is the difference between him and Al-Faqir (the poor)?

A: Al-Miskin (the needy) is the poor person who can barely find enough to suffice himself, but Al-Faqir is in a greater need than Al-Miskin. Both are from the eight categories of Zakah recipients which are mentioned in the following Ayah (Qur'anic verse): As-Sadaqât (here it means Zakât) are only for the Fuqarâ’ (poor), and the Masâkin (needy) and those employed to collect (the funds) A person is not considered poor or needy if his income covers their needs; food, beverages, clothes, and lodging. Hence, if this is the case, then it is not permissible to pay Zakah to such persons.

Q: Classifying a person as poor who should receive Zakah (obligatory charity) differs from time to time, so I want to know the criterion that determines this. Moreover, if one finds that he gave Zakah to a person who was not in need of it, should he pay it again?

A: A poor person should be given what suffices him for a full year, and if a person finds that he gave Zakah to a well-off person, it is not incumbent on him to pay it once again; especially if the receiver appears to be poor owing to the following authentic Hadith in this regard: Once a man from among those (nations) who existed before us gave charity to one, thinking that he was poor. Later, he saw in his dream that the man was wealthy, so he said, "O Allah! All praises are for you, I have given (my Zakah) to a rich person. Allah's Messenger (peace be upon him) concurred with this and stated that the charity of that person was accepted.

Moreover, the rules of Shari`ah (Islamic law) state that the law of those (previous nations) who existed before us applies to us as well; unless there is invalidating evidence in our Shari`ah. It is reported that two men went to the Prophet (peace be upon him) asking him for charity. Seeing that they were robust, he said, "If you wish, I shall give you something of it, but there is nothing extra in it for a wealthy man or one who is strong and able to earn his living." Verifying the need of the poor in all aspects is something difficult. Therefore it suffices to assess the person based on his apparent condition and his claim of poverty while the payer of Zakah does not know other than this. In this case, he should be informed of the Shar`y (Islamically lawful) ruling if it seems that he is able to earn according to the mentioned above Hadith.

Q: What is the definition of Al-Miskin (the needy) to whom Zakah (obligatory charity) should be given and what is the difference between him and Al-Faqir (the poor)?

Q: The salaries of those who work here are generally low and barely suffice them in providing for their families. Is it permissible to pay Zakah to them?

A: It is permissible to pay Zakah to these people if their salaries do not fulfill their needs and they are Muslims. Hence, there is no blame to give Zakah to such persons to fulfill their needs and once they are recognized as needy and poverty-stricken.

Q: A person traveling outside his country was robbed, is it permissible to give him from Zakah (obligatory charity) despite the fact that financial transactions are facilitated in our current time?

A: The person you referred to is considered among the wayfarers and therefore, if he claims being in need or that his money was lost or stolen, he should be given from Zakah that which suffices his returning back to his homeland; even if he is wealthy in his country.

Q: Is it permissible to build a Masjid (mosque) or a school out of Zakah (obligatory charity) money?

A: Doing so is impermissible as it is not included in the eight categories of Zakah recipients.

Q: Does the Ayah (Qur'anic verse) state the eight categories of Zakah recipients in order, or just for pointing them out?

A: The eight categories of Zakah recipients are just pointed out in the Ayah (Qur'anic verse) and they are not set in order. There is no wrong if a person pays Zakah to the Mujahids (persons striving/fighting in the cause of Allah) and those in debt first. It is preferable to take into consideration the most befitting according to the Shari`ah (Islamic Law). The person who pays Zakah (obligatory charity) should give priority to whomever the Shar`y (Islamically lawful) evidence necessitates paying Zakah to first, according to his assessment of the current situation. May Allah grant us success.

Q: A man died and left behind wealth and orphans. Is Zakah (obligatory charity) due from this wealth? If that is the case, who should pay it?

A: Zakah must be paid on the wealth of orphans, whether it is money, commercial commodities, livestock (camels, cattle, sheep and goats) or grains and produce on which Zakah is due. The guardian of the orphans must pay it on time. If there is no paternal guardian, they should refer to the court so that it appoints a guardian who is able to look after their financial affairs. He has to fear Allah and spare no effort to rectify their affairs. Allah (Exalted be He) says: And they ask you concerning orphans. Say: “The best thing is to work honestly in their property" And: And come not near to the orphan’s property, except to improve it, until he (or she) attains the age of full strength There are many Ayahs (Qur'anic verses) to the same effect. The year is to be calculated from the death of their father, because when he died, the wealth came into their possession. May Allah grant us success.

Q: Is it permissible to give the Zakah (obligatory charity) to a Dhimmy (protected non-Muslim living under Islamic rule)?

A: According to the Jumhur (majority of scholars), Zakah should not be given to a Dhimmy or any Kafir (disbeliever/non-Muslim). This is the correct opinion which so many Ayahs (Qur'anic verses) and Hadith support. Zakah is a means of support on the part of Muslims towards the poor Muslims to meet their needs, so that it should be distributed among their people and others among the eight categories of Zakah recipients. If the Kafir is one of Al-Mu'allafatuQulubuhum (those whose hearts are inclined to Islam) who are the elite of their tribes, they may be given Zakah to make them incline towards Islam, or to put an end to their hostilities towards Muslims. Al-Mu'allafatuQulubuhumare given Zakah to strengthen their Iman (Faith/belief) if they are Muslims, to encourage their peers to embrace Islam, or for any other reason set out by the scholars.

The principal basis is the Statement of Allah (Glorified and Exalted be He): As-Sadaqât (here it means Zakât) are only for the Fuqarâ’ (poor), and the Masâkin (needy) and those employed to collect (the funds), and to attract the hearts of those who have been inclined (towards Islâm) The Prophet (peace be upon him) said to Mu‘adhibnJabal when he sent him to Yemen: Invite them to testify that none has the right to be worshipped but Allah and that I am the Messenger of Allah. If they accept, tell them that Allah has enjoined upon them five prayers during the day and night. If they obey you regarding this, tell them that Allah has made Zakah obligatory upon them which should be taken from their wealthy and distributed among their poor... (Agreed upon by Al-Bukhari and Muslim).

Q: Is it permissible to delay Zakah (obligatory charity) for months in order to search for the needy, or because I have no money when the time of Zakah is due?

A: There is no wrong in delaying Zakah for the mentioned above reasons. When a person finds the poor or the money, he must hasten to give Zakah because it is not permissible to delay it after the completion of one complete Hijri year; except for a Shar`y (IslamicallyLawful) reason such as not having the money when Zakah is due or the inability to find the poor.

I ask Allah to grant you and us understanding in Islam and remain upright upon it for He is the Most Generous and Bountiful.

Q: Is it permissible for two or three owners of cattle to gather the cattle they have together for the purpose of Zakah (obligatory charity)?

A: It is impermissible to calculate a property liable to Zakah collectively or separately in order to avoid paying Zakah or to decrease the due amount thereof. The Prophet (peace be upon him) said: Neither the property of different people may be taken together nor the joint property may be split for fear of (paying more or receiving less) Zakah. (Related by Al-Bukhari in his Sahih) Thus, a person who has forty sheep and divides them among others so that no Zakah may be due from them is still liable to pay Zakah and is sinful for applying deception in order to avoid paying Zakah.

The same is equally applied to calculating property of different people collectively, which is impermissible. For example, if a person owns some sheep, camels or cows whose amount reaches the Nisab (the minimum amount on which Zakah is due) and joins them to sheep, camels or cows of another person so that the amount due for Zakah might decrease because of such a groundless mixture - i.e. the only purpose behind such a mixture is decreasing the amount on which Zakah is due when the Zakah collector comes - actually these two people will remain liable to pay Zakah and will be sinful for doing this. Moreover, they will have to pay the remainder of their dues.

To clarify, one of them might have forty sheep and the other might have sixty sheep and they both decide to mix all the sheep together so that one ewe only will be due when the collector comes. In fact, such a mixture will not avail them and will not exempt them from paying the remainder of what is due from them as this is nothing more than a prohibited deception. Moreover, they will have to give the ewe in charity, the owner of forty sheep bearing two fifths of its value and the owner of sixty sheep bearing three fifths. Likewise, the value of the ewe they gave to the collector should be divided on the same basis. Furthermore, they have to repent to Allah and determine not to practice anymore deception.

However, if the mixture is for the purpose of cooperation and is not a trick made to avoid paying or to decrease the amount due, it will be unobjectionable if the conditions provided for by scholars are met. This is based on the above-quoted authentic Hadith stating: If a property is equally owned by two partners, they should pay the combined Zakah, and it will be considered that both of them have paid their Zakah equally.

Islamweb.net

Q:What is the limit of wealth which makes one ineligible to receive Zakaah? Kindly provide the details of this issue, and mention the different opinions of the scholars, their proofs, and why they differ in this respect, and the preponderant opinion.?

Q: Is it permissible to donate zakat money to organization whch takes of orphan children of different religions?

Q:Giving Zakaah to rich seeker of knowledge?

Q:Giving the servant his salary from Zakaah?

Q Receiving Zakaah as education fees for a child?

Q:Receiving Zakaah as education fees for a child?

Q:Wants to pay his due Zakaah to people who lost money because of him?

Q:Giving Zakaat to somebody to buy a house?

Q:Can I use my Zakaat Al-mal for the purpose of sponsoring an orphan from Islamic country? Also, is it ok to donate money to non-Muslim foundations to treat kids illnesses here in the states?

Q:Can I give Zakaah to one who is quite poor but, not mindful to his religion and even does not pray the obligatory 5 times of Salah daily? He is, however, a Muslim having belief in Allaah and His Prophet along with other requisite factors required to become Muslim. Await guidance

Q:Concerning Zakaat Al-maal, I have the following questions:

My mother has her own income but last year she wanted to treat her teeth and she didn't had the money, I have sent her Euro 1000, can I consider this money as Zakaat or not?
My brother is still studying and is not working, my mother is responsible for him, is it eligible to give Zakaat Al-maal to him?
I didn't paid Zakaat Al-maal for 3 years now, do I still have to give it , or should I start from this year?
What is the Nisaab for Zakaat Al-maal in Euro

Q: Giving Zakaat for a new convert to Islam?

Q:Can a Muslim uses his Zakaat money to give for Hajj?

Q: A Muslim who from the family (tree) of Prophet Muhammad cannot accept Zakah, but can his wife who is not from the Prophet's family accept Zakah? If so, can she give it to her husband as a gift or as charity (Sadaqa)?

Q:Grandfather should not give Zakah to his grandchildren?

Q:Zakah is only for its recipients while Sadaqa is like the gift?

Q: Can the rich mother give her Zakah to her poor married son who does not have enough money to spend on his wife and his father is poor?

Q:My daughter has two girls, aged 12 and 9, her husband left her and the children with no money and refuses to send any support to them. She is not working and never worked before. I am supporting her and her children until she finishes training for a job and can support herself and can get a divorce and all legal actions. My question: is the money I am spending be considered as Zakah, keeping in mind that this expense is depleting all of my resources and I am 70 years old?

Q:Can a person give Zakah to his sister? To whom can Zakah and Fitra be given?

Questions and answers:

Q. What is the limit of wealth which makes one ineligible to receive Zakaah? Kindly provide the details of this issue, and mention the different opinions of the scholars, their proofs, and why they differ in this respect, and the preponderant opinion.

A. All perfect praise be to Allaah, The Lord of the Worlds. I testify that there is none worthy of worship except Allaah, and that Muhammad is His Slave and Messenger.

There is a difference of opinion among the scholars regarding the limit of wealth which makes one ineligible for Zakaah.

According to Ash-Shaafi‘i a wealthy person is him to whom the term ‘richness’ at its minimum requirements applies.

Abu Haneefah goes for the opinion that what prevents one from receiving Zakaah is his possession of the due amount of Nisaab (which makes Zakaah due), because the Messenger of Allaah , called the owner of the Nisaab "rich", as shown in the narration of Al-Bukhaari and Muslim on the authority of Ibn ‘Abbaas in which he said: “Allaah Enjoined upon them a charity in their property to be taken from the rich among them.”

Maalik argues that there is no certain limit in it, and it rather depends on personal reasoning.

The difference of opinion among them goes back to their difference as to whether richness should be construed according to its linguistic or Sharee‘ah-defined meaning. Those who construe it according to its Sharee‘ah-defined meaning claim that the possession of Nisaab is wealth; and those who opt for the linguistic meaning give consideration to the minimum requirements by which the term is true.

On the other hand, those who see that the minimum requirements by which the term is true are definable at every time and with each person, make those minimum requirements the limit of richness. while those who see that they are not definable and rather differ by the difference of states, needs, persons, and so on, say that the wealth which makes one ineligible for Zakaah is not definable.

The preponderant opinion is that it is limited only by what satisfies need and realizes sufficiency, depending on the narration of Ahmad, Muslim and Abu Daawood on the authority of Qabeesah ibn Mukhaariq in which he said: “… begging is made lawful for him until he gets what sustains himself.”

The Hadeeth gives evidence that begging is permissible for him who does not have what satisfies his need or realizes his sufficiency. Being so, the ruling of the poor is true of him, even if he possesses more than the Nisaab.

Allaah Knows best.

Q. Is it permissible to donate zakat money to organization whch takes of orphan children of different religions?

A. All perfect praise be to Allaah, The Lord of the Worlds. I testify that there is none worthy of worship except Allaah, and that Muhammad, is His Slave and Messenger.

Zakaah (i.e. obligatory almsgiving) is not given to the orphan just because he is an orphan, since he may be wealthy and thus he will not be entitled to be given Zakaah. Also, Zakaah is not to be given to the non-Muslim as we have clarified in Fatwa 82875. Accordingly, it is not permissible to give Zakaah to that organization unless you know that it will give it to the poor or needy Muslim orphans.

On the other hand, many scholars stipulated that the agent of the Zakaah (who is delegated to distribute it) should be Muslim. It was stated in Al-Insaaf fi Ma‘rifatAr-Raajih min Al-Khilaaf: "The composer (i.e. IbnQudaamah) said: It is permissible to deputize someone to give Zakaah, and it is valid to do so, but on condition that this person be trustworthy. This was stated by Imaam Ahmad. He [That person] should also be a Muslim, according to the correct view. It is stated in Al-Faa'iq: He should be Muslim according to the more correct of the two opinions (in the Hanbalischool of jurisprudence). This opinion was also given priority in Al-Furoo‘ and Al-Mukhtasar of IbnTameem. But Al-Qaadhi reported in At-Ta‘leeq an opinion that it is permissible to deputize a Thimmi (i.e. the non-Muslim who is living in a Muslim state) to give out Zakaah." [End quote]

Allaah Knows best.

Q. Giving Zakaah to rich seeker of knowledge

A. All perfect praise be to Allaah, The Lord of the Worlds. I testify that there is none worthy of worship except Allaah, and that Muhammad is His slave and Messenger.

According to the view of the majority of the jurists the student of knowledge who is entitled to receive Zakaah is the student of religious knowledge if he/she is poor and even if he is able to earn his/her living but him/her being preoccupied by earning his/her living hinders him/her from seeking knowledge. The condition for the permissibility of paying Zakaah to him/her is that he/she should be smart enough to acquire knowledge. For more benefit, please refer to Fatwa 88952.

Also, this applies to any kind of knowledge which the Muslims need, in the sense that they get a public benefit by making this person preoccupied only with studying it.

However, some contemporary scholars did not restrict giving Zakaah to the above-mentioned students only, but in our view, it is better to abide by what the jurists said, in order to free oneself from liability and to be on the safe side.

Therefore, in our view, this girl should not be given Zakaah at all, because even if she is among the students of knowledge who are entitled to receive Zakaah because of her being preoccupied by seeking the above-mentioned type of knowledge and it is expected that she will acquire it, then Zakaat cannot be given to her as it is her father who is obliged to spend on her in this case as expressed by the jurists of the Shaafi’i School in regard to spending on a student who is acquiring religious knowledge while meeting the Sharee'ah conditions.

On the other hand, if she studies a subject other than the above-mentioned type of knowledge, then she is not entitled to receive Zakaah.

Allaah Knows best

Q. Giving the servant his salary from Zakaah

A. All perfect praise be to Allaah, The Lord of the Worlds. I testify that there is none worthy of worship except Allaah, and that Muhammad is His slave and Messenger.

It is not permissible to pay the salary of the servant from the Zakaah because that salary is the right of the servant which he gets in return for his work. Therefore, your mother giving the salary of the servant from the Zakaah does not make her acquitted from paying the Zakaah as she did not pay the right which was due on the money that she possessed, but she paid a right which she was obliged to pay for another reason. Therefore, she has to pay the Zakaah on all the previous years in which she paid the salary from the Zakaah.

As regards giving Zakaah money to the servant in addition to his salary, then this is permissible provided that he is eligible for Zakaah. For more benefit on the categories of people who are eligible for Zakaah, please refer to Fatwa 88368, and to Fatwa 82140on the ruling of giving Zakaah to the servant.

Allaah Knows best.

Q. Receiving Zakaah as education fees for a child

A. All perfect praise be to Allaah, The Lord of the Worlds. I testify that there is none worthy of worship except Allaah, and that Muhammad, is His Slave and Messenger.

Zakaah [obligatory charity] should be spent only in the eight specified categories of Zakaah, and we have previously clarified them in Fatwa 88368; but scholars are of the opinion that it is permissible to give Zakaah to the seeker of knowledge, since seeking knowledge is a type of “Jihaad in the Way of Allaah”, which is one of the eight categories of spending Zakaah.

However, the father’s spending on the education of his child is part of his obligatory expenditure. So, the scholars of Fiqh (jurisprudence) have stated that it is incumbent upon the parent to educate his child, help him learn a profession whereby he earns his living (in the future), and teach him his religious duties. Hence, to spend on the education of your child is part of the expenditure that is obligatory upon you. Therefore, if you are capable of paying it, then your child is not included in those people entitled to receive Zakaah, and it is not permissible for the school to pay on his behalf from the money of Zakaah. But if you are incapable, then it is permissible for the school to pay the remaining sum due on your child from the Zakaah. If you have the capability to pay some and not all of the required sum, then it is permissible for the school to pay from Zakaah what you fail to pay.

Allaah Knows best.

Making a trick to pay Zakaah to parents who are not poor

Q. Receiving Zakaah as education fees for a child

A. All perfect praise be to Allaah, The Lord of the Worlds. I testify that there is none worthy of worship except Allaah, and that Muhammad is His slave and Messenger.

We have already issued Fataawa 87358 and 84019 clarifying that it is not permissible to pay Zakaah to both parents or to one of them, however, if the aunt whom you mentioned in the question is among the people who are eligible for Zakaah, then it is permissible to pay Zakaah to her. Nonetheless, it is not permissible to take this as a trick in a way that she takes the Zakaah in order to give it to the parents of the person who pays the Zakaah.

Indeed, the matter is as you mentioned in the question, following tricks which lead to what is forbidden, is a practice of the Jews by which they deserved the Wrath of Allaah who turned them into monkeys.

The scholars stated that tricks are forbidden in Islamic Law, and that it is one of the acts of the Jews by which they deserved the Curse of Allaah.

Allaah Knows best.

Q. Wants to pay his due Zakaah to people who lost money

A. All perfect praise be to Allaah, The Lord of the Worlds. I testify that there is none worthy of worship except Allaah, and that Muhammad is His slave and Messenger.

We have already issued Fatwa 85789 clarifying to you that you are not responsible for the money of the other people that was lost, so there is no need to worry and grieve about this.

As regards Zakaah, you should repay your debts before paying the Zakaah, then if what remains from your money reaches the Nisaab (i.e. the minimum amount liable for Zakaah, i.e. the equivalent of 85 grams of gold) by itself or in addition to other money or tradable items which you possess, then you should pay Zakaah on this remaining money. In which case, you should pay Zakaah on this money by spending it on the eight categories of people who are eligible for Zakaah as discussed in Fatwa 88368.

Finally, it should be noted that it is not acceptable for you to pay the Zakaah to the people whom you mentioned in the question unless they are among the categories of people who are eligible for Zakaah, like if they are poor, destitute or indebted…etc.

Allaah Knows best.

Q. Giving Zakaat to somebody to buy a house

A. All perfect praise be to Allaah, The Lord of the Worlds. I testify that there is none worthy of worship except Allaah, and that Muhammad is His slave and Messenger.

If the situation is as you mentioned in the question, that the salary of your husband is not sufficient for him and the people he is obliged to provide for after paying the rent, but when adding the extra money he got (300,000) to what remains from his salary, it becomes sufficient for him to sustain himself, then in our view it is not permissible to pay the Zakaat to him. This is because he fulfils his needs and the needs of whoever he is obliged to spend on with the entire money which he has, so he should not be given money as a poor or destitute person.

According to the majority of scholars the amount of sufficiency which prevents a person from being eligible to take Zakaat is food and drinks and accommodation, and other necessities, either for the person himself or for those he is obliged to spend on (without being extravagant or stingy) as clarified in the FiqhEncyclopaedia.

Living in a rented accommodation does not mean that he is poor, as long as his salary and the added money which he got are sufficient for him to pay rent, and eat and drink.

For more benefit on the recipients of Zakaat, please refer to Fatwa 88368.

Allaah Knows best.

Q. Can I use my Zakaat Al-mal for the purpose of sponsoring an orphan from Islamic country? Also, is it ok to donate money to non-Muslim foundations to treat kids illnesses here in the states?

A. All perfect praise be to Allaah, The Lord of the Worlds. I testify that there is none worthy of worship except Allaah, and that Muhammad is His slave and Messenger. We ask Allaah to exalt his mention as well as that of his family and all his companions.

We have already issued Fatwa 83451 about the permissibility of sponsoring a Muslim orphan from Zakaat money provided he is poor, so please refer to it.

As regards paying Zakaat to non-Muslim organizations, it should be noted that it is forbidden to pay Zakaat to a non-Muslim. Ibn Al-Munthir stated that there is a consensus among the scholars about this, as the Prophet said: "Inform them that Allaah imposed on them Zakaat (alms) which should be taken from the rich of their people and be given to the poor." [Al-Bukhaari and Muslim] Furthermore, Zakaat should only paid to the people who are eligible for Zakaat and who are mentioned in Fataawa 88368 and 86546.

Hence, it is not permissible to give Zakaat to a non-Muslim organization unless it is trustworthy and gives the Zakaat to Muslims only and not to others, and provided they (the Muslims) are eligible for it.

Zakaat should be given to this non-Muslim organization by proxy. Imaam An-Nawawi said: 'It is permissible to appoint a slave or a non-Muslim in distributing the Zakaat.'

However, if the money that was donated as an ordinary charity (i.e. not Zakaat) then please refer to Fatwa 90749.

Allaah Knows best.

Q. Can I give Zakaah to one who is quite poor but, not mindful to his religion and even does not pray the obligatory 5 times of Salah daily? He is, however, a Muslim having belief in Allaah and His Prophet sallallaahu `alayhi wa sallam ( may Allaah exalt his mention )along with other requisite factors required to become Muslim. Await guidance.

If this man does not perform prayers at all, then some scholars are of the view that a person who completely abandons the prayers is a Kaafir (a non believer). The Prophet said: "Between a person and polytheism (or disbelief) is the abandonment of prayers." [Muslim] The Prophet further said: "The pact between us and them is prayer, so whoever abandons it is a disbeliever." [At-Tirmithi and An-Nasaa'ee]

So if this man is such [that he abandons the prayer and is a disbeliever] then it is not permissible to give Zakaat money to him and whoever gives the Zakaat to him did not fulfil his obligation and still has to pay the Zakaat.

Shaykh Al-Islam IbnTaymiyyah said: 'It is not permissible to give anything to a needy person who does not perform the prayer until he repents and performs the prayer regularly.'

However, if this man performs the prayer but sometimes he is lazy and does not perform it, and he does not completely abandon it, then there is no harm to give Zakaat to him, especially if this is done with the intention of calling him to abide by the Commandments of Allaah and influence him to do so.

Finally, we advise you to give Zakaat to the poor righteous and pious people and other people who are eligible for Zakaat, and they are so many these days. So it is more proper to give Zakaat to these people rather than giving it to those who do not give any consideration to the religion of Allaah. For more benefit about the appropriate recipients of Zakaat, please refer to Fataawa: 88368 and 86546.

Allaah knows best.

Q. Concerning Zakaat Al-maal, I have the following questions:

1) My mother has her own income but last year she wanted to treat her teeth and she didn't had the money, I have sent her Euro 1000, can I consider this money as Zakaat or not?

2) My brother is still studying and is not working, my mother is responsible for him, is it eligible to give Zakaat Al-maal to him?

3) I didn't paid Zakaat Al-maal for 3 years now, do I still have to give it , or should I start from this year?

4) What is the Nisaab for Zakaat Al-maal in Euro.

It is not acceptable to consider what you have given to your mother as Zakaat because Zakaat cannot be paid to parents. Many Fataawa have been issued on this regard, so you may refer, for example, to Fatwa: 84019. As regards your brother, if he is among the people who are liable for Zakaat, then it would be permissible to give him Zakaat. The kinds of people who are liable for Zakaat are mentioned in Fataawa: 88368and 86546. The ruling of giving the Zakaat to a brother is mentioned in Fatwa: 82645, so refer to it.

With regard to the Zakaat that you have not paid for the last three years, it is still a financial obligation upon you, which you have to pay immediately, and repent to Allaah because delaying the payment of Zakaat without a sound religious reason necessitates repentance.

The minimum amount liable for Zakaat in Euros [or any other currency] is the value of 85 grams of gold; so whoever possesses that amount, possesses the minimum amount liable for Zakaat, so after a whole lunar year with such amount in your possession Zakaat has to be paid on it. Please refer to Fatwa: 85396 for more details.

Allaah knows best.

Q. Giving Zakaat for a new convert to Islam

A. All perfect praise be to Allaah, The Lord of the Worlds. I testify that there is none worthy of worship except Allaah, and that Muhammad is His slave and Messenger.

If this woman is among the people who are eligible for Zakaat and who are mentioned in Fataawa 88368 and 86546, then it is permissible to give the Zakaat to her and we ask Allaah to reward you about this.

As regards how to pay the Zakaat on gold, please refer to Fatwa 81355.

Allaah Knows best.

Q. Can a Muslim uses his Zakaat money to give for Hajj?

The scholars differed regarding the Zakaat money whether or not it can be given to people who want to perform Hajj. There are two different opinions in this regard. The strongest and correct one, however, is that Zakaat should not be spent on Hajj, so it should not be given to whoever wants to go for Hajj. This is the view of Imaam Maalik,AbuHaneefah, Al-Shaafi'ee, Ath-Thawri, Abu-Thawr, Ibn Al-Munthir and ImaamAhmad, may Allaah have mercy on all of them. Zakaah may only be given to either of the eight kinds of people mentioned in the following verse as Allaah says (interpretation of meaning): {Zakaah expenditures are only for the poor and for the needy and for those employed to collect [Zakaah] and for bringing hearts together [for Islam] and for freeing captives [or slaves] and for those in debt and for the cause of Allah and for the [stranded] traveller — an obligation [imposed] by Allah. And Allah is Knowing and Wise.}[9:60].

For more details about these eight different kinds of people, please refer to Fataawa: 88368 and 86546.

Allaah knows best

Q. A Muslim who from the family (tree) of Prophet Muhammad cannot accept Zakah, but can his wife who is not from the Prophet's family accept Zakah? If so, can she give it to her husband as a gift or as charity (Sadaqa)?

A. Praise be to Allah, the Lord of the Worlds; and may His blessings and peace be upon our Prophet Muhammad and upon all his Family and Companions.

There is no harm for the descendants of the Prophet (SallallahuAlaihiwaSallam) to accept a gift even if the person offering it has acquired it as a Sadaqah. The evidence about this is in Saheeh Muslim and Bukhari that Anas (RadiyaAllahuAnhu) narrated that the Prophet (SallallahuAlaihiwaSallam) brought some meat which was given as Sadaqah to Barira, and he said: "For her it is considered a Sadaqah, and for us it is considered a gift".

What is concluded from the Hadith, as in Fath al-Bari, is that a descendant of the family of the Prophet (SallallahuAlaihiwaSallam) can accept a gift which is originally a Sadaqah.

However, it is not acceptable for him to accept a Sadaqah from his wife because the descendants of the family of the Prophet (SallallahuAlaihiwaSallam) are not allowed to take Sadaqah.

Muslim reported that Abu Hurairah (RadiyaAllahuAnhu) narrated: "Hassan bin Ali took a date from the dates which were given as a Sadaqah and put it in his mouth.’ The Prophet (SallallahuAlaihiwaSallam) told him: “Stop, stop, throw it away, did you not know that we are not allowed to take Sadaqah."

We must know that a wife who is sufficiently provided by the husband, is not poor or destitute therefore she is not allowed to be given from the Zakah.

Allah knows best.

Q. Grandfather should not give Zakah to his grandchildren

A. Praise be to Allah, the Lord of the Worlds; and may His blessings and peace be upon our Prophet Muhammad and upon all his Family and Companions. Zakat is not to be paid except to the poor and the kinds of people mentioned in the verse. Hence, one is not allowed to pay Zakat to his son's children; whether for their livelihood or education, for they are either supported enough by their father or their father is poor, in which case the grandfather will be responsible for their livelihood. So, he (the grandfather) should not pay Zakat to them since he is sponsoring them and responsible for their expenditure. Hence, the questioner is to know that a grandfather is not allowed, in any case, to pay Zakat for his grandsons' study or livelihood, whether their father is rich or poor or not available for any reason (death or otherwise). He is not allowed to pay Zakat to his son's wife to spend it on herself, for her expenditure is the responsibility of her husband. Allah knows best.

Q. Zakah is only for its recipients while Sadaqa is like the gift

A. Praise be to Allah, the Lord of the Worlds; and may His blessings and peace be upon our Prophet Muhammad and upon all his Family and Companions. You mentioned that the money you collected is from Zakah and Sadaqa. The Zakah money you had received could not be spent on other than the categories mentioned in this Ayah: {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, …..}[9:60]. Therefore, you have to spend this money on needy people or needy families. As for the Sadaqa (charity), which is not obligatory, it is like a gift. So, it could be given to other than needy and poor people. Therefore, you may give the amount of Sadaqa (not Zakah) to this family for whom you have collected the money. However, it is better to give it to needy people. Allah knows best.

Q. Can the rich mother give her Zakah to her poor married son who does not have enough money to spend on his wife and his father is poor?

A. Praise be to Allah, the Lord of the Worlds; and may His blessings and peace be upon our Prophet Muhammad and upon all his Family and Companions.

The mother should not give the Zakah of her money to her son because she should spend on him if he cannot spend on himself. So, if she gives him her Zakah it would be like protecting her money. But if the son is indebted, then there is no objection to her giving him from her Zakah what could pay his debts. IbnQudamah said: 'It is compulsory on the child to spend on his mother as it is compulsory on the woman to spend on her child if he has no father (dead or the like). This is the opinion of Abu Hanifa and Al-Shafie . It is reported from Malik that she is not asked to spend on him because the expenditure is due on the males from the father's side…... But since she is one of the parents she is then considered like the father and because the relation between them (the woman and her child) is so important that the testimony of one of them for the other is rejected in Shariah. Now if the father is poor so, the mother has to spend on the children' .

Allah knows best.

Q. My daughter has two girls, aged 12 and 9, her husband left her and the children with no money and refuses to send any support to them. She is not working and never worked before. I am supporting her and her children until she finishes training for a job and can support herself and can get a divorce and all legal actions. My question: is the money I am spending be considered as Zakah, keeping in mind that this expense is depleting all of my resources and I am 70 years old?

A. Praise be to Allah, the Lord of the World; and may His blessings and peace be upon our Prophet Muhammad and upon all his Family and Companions.

A husband is responsible for the maintenance of his wife and children if he is capable of doing so. But if the wife is disobedient and does not accept to abide by her husband's orders. Then her husband is no longer responsible for her maintenance even though he is held responsible for the maintenance of his children.
On the other hand, you are liable to take from her husband the money that you have spent on your daughter and her children. The husband is legally responsible to pay you back all what you have spent on his wife and children. However, if you have spent the money with the intention of charity then you have no right to take it back.
Know that it is not allowed to consider the expenditures you spent on your daughter and children from Zakah since a rich father or mother is responsible to spend on their poor children. The grandchildren are also like children in this ruling. Imam IbnQudamah is his book al-Kafi narrated fromAhmadIbnHanbal that he said: "Zakah is not given to the children of a daughter for the Hadith of the Prophet (SallallahuAlaihiwaSallam) that he said: "This son of mine is a leader" [i.e. Hasan who was his daughter's son].
When giving Zakah becomes forbidden because of close family ties spending on these close relatives becomes mandatory.

Allah knows best.

Q. Can a person give Zakah to his sister? To whom can Zakah and Fitra be given?

A. Praise be to Allah, the Lord of the Worlds; and blessings and peace be upon our Prophet Muhammad and upon all his Family and Companions.

There is no harm in a man or a woman giving his/her Zakah to his/her brother/sister if the latter is needy or poor. In fact, giving Zakah to such recipients includes yet another good deed which is helping needy or poor relatives. But it is unlawful to give Zakah to the father, grand-fathers, mother, grand-mothers, children or grand children no matter how needy or poor they are. Since he is obligated to spend of his wealth on persons in this category, the money spent on them cannot be considered as Zakah. For him to consider any portion of such money as Zakah would be as though he was denying a rightful portion of his wealth, on which Zakah is due, from the poor.

Allah knows best.

References

Islamqa.com: http://islamqa.info/en/ref/107289/zakat

Fatwaislam.com: http://www.fatwaislam.com/fis/index.cfm?scn=fd&ID=870

Alifta.net: http://alifta.net/Fatawa/FatawaSubjects.aspx?View=Tree&HajjEntryID=0&HajjEntryName=&NodeID=1084&PageNo=1&SectionID=14

Islamweb: http://www.islamweb.net/emainpage/index.php?page=showfatwa&Option=FatwaId&Id=199

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