JUSA

Jamiatul Ulama

south africa

COUNCIL OF MUSLIM THEOLOGIANS

14 Shabaan 1440 AH / 20 Apr 2019

Who should pay Zakaah?

1. If a person possesses 612.35 grams of silver or 87.479 grams of gold or any currency that equals the value of this amount of gold or silver, and this wealth remains in his possession for a complete year, then on the expiry of this year it will be wajib on him to give Zakaah for it. If his wealth is less than this, Zakaah will not be wajib. If it is more than this, Zakaah will still be wajib.

2. A person possessed the complete nisaab for about four to six months. Thereafter, this nisaab decreased, and after about three months he acquired some other wealth (and he once again possesses the complete nisaab, even in such a case Zakaah will be wajib on him. In other words, if a person possesses the nisaab at the beginning and at the end of the year, Zakaah will be wajib on him. By the nisaab decreasing during the course of the year, one is not absolved of giving one=s Zakaah. However, if his entire wealth is lost and he finds it later, then the beginning of the year will be
calculated from the time that he finds his wealth. (The period prior to that will not be calculated).

 

3. A person possessed the nisaab but prior to the expiry of one year all his wealth is lost and it was not in his possession for the complete year. In such a case Zakaah will not be wajib.

4. A person possesses the full nisaab and also has debts which equal the nisaab. In such a case Zakaah will not be wajib.

 

5. If his debts are such that if he were to fulfil his debts he will have a remainder of wealth which will equal the nisaab, then Zakaah will be wajib on him.

6. Zakaah is wajib on jewellery, utensils, ornaments, and brocades that have been made with gold or silver. This is irrespective of whether these items are in use or not. In other words, Zakaah is wajib on everything that is made  of gold or silver. However, if they are less than the nisaab, Zakaah will not be wajib.

7. If the gold or silver is not pure but has been mixed with another metal, then one will have to check as to which is more in content. If the gold or silver is more, then the rules which are applicable to both will apply here as well. That is, if they equal the nisaab, Zakaah will be wajib. If the content of the other metal is more than that of the gold or silver, it will not be regarded as gold or silver. The rules that apply to brass, copper, steel, tin, etc. will also apply to this metal. These rules will be discussed later.

8. A person does not have the complete nisaab of gold nor of silver. Instead, he has a bit of gold and a bit of silver. If both are added together and their value equals the nisaab of gold or silver, Zakaah will be wajib. But if they do not equal the nisaab of either gold or silver after adding them together, Zakaah will not be wajib. If the nisaab of gold or silver is complete, there is no need to obtain their value.

9. Assuming that the price of 11.664 grams of gold is R25, and for R1 we can get 17.496 grams of silver and a person possesses double this amount of gold (i.e. 23.328 grams) plus R5 both of which is over and above his needs. Furthermore, he has this gold and cash in his possession for a full year. In such a case, Zakaah will be wajib. This is because the 23.328 grams of gold equals R50, and for R50 one can purchase 874.8 grams of silver (50×17.496g). In addition to this, if the R5 were to be added together, this will result in a lot of wealth upon which Zakaah will be wajib. However, if he only possesses the 23.328 grams of gold and does not have any cash or silver; Zakaah will not be wajib.

 

10.Assuming that we get 23.328 grams of silver for R1 and a person only possesses R30. Zakaah will not be wajib and we will not calculate and say that R30 equals 699.84 grams of silver (i.e. 30 x 23.328 = 699.84) based on the fact that the rand is actually in place of the silver and when we only have gold or silver, then we will take the weight into consideration and not the value. (This rule will only apply when the coins used to be made of silver. These days, coins are made of copper and other cheap metals. We even receive them in return for currency notes. Now the ruling will be that the person who possesses coins or notes equal to the current value of the nisaab of gold or silver, Zakaah on this will be wajib.)

11.A person had money equal to the nisaab which was over and above his needs. Prior to the expiry of the year, he received an additional amount. This additional amount will not be calculated separately. Instead, it will be added to the original amount and upon the expiry of the year, Zakaah will be wajib on the entire amount and it will be regarded as if the original amount and the additional amount was in his possession for one full year.

 

12.A person had silver which was equal to the nisaab. Prior to the expiry of the year, he received an amount of gold (whether more or less than the amount of nisaab). This amount will not be calculated separately. Instead, it will be added to the original amount of silver and Zakaah will be wajib on the total amount upon the expiry of that year.

13.With the exception of gold and silver, the rule regarding all other metals such as steel, copper, brass, etc., the utensils that are made of these metals, clothing, footwear, and all other such items is that if these items are for the purpose of trade, Zakaah will be wajib on them if they reach the  isaab of either gold or silver and are in the possession of the person for a period of one year. However, if these items do not reach the nisaab, Zakaah will not be wajib. If these items are not for the purpose of trade, Zakaah will not be wajib irrespective of the amount one possesses. Even if the value of these items reaches thousands of rands, Zakaah will not be wajib as long as they are not for the purpose of trade.

14. Zakaah is not wajib on household effects such as utensils, pots, big pots, trays, basins, crockery and glassware, the house in which one lives, the clothes which one wears, jewellery made of pearls, etc. This is irrespective of the amount and irrespective of whether they are being used daily or not. However, if they are kept for the purpose of trade, Zakaah will be wajib on them as well. In short, Zakaah is not wajib on all items apart from gold and silver if they are not for the purpose of trade. But if they are for trade, Zakaah will be wajib on them as well.

15.A person owns several homes from which he collects rent. Zakaah is not wajib on these homes irrespective of their value. Similarly, if a person purchases some utensils and hires them out, Zakaah will not be wajib on these utensils. In short, by hiring or renting something out, Zakaah does not become wajib on that thing.

16.Zakaah is not wajib on clothes irrespective of how expensive they may be. However, if they are embroidered with gold or silver thread and if this thread were to be removed and weighed it will be equal to the nisaab, then in such a case Zakaah will be wajib. But if it does not reach the nisaab, Zakaah will not be wajib.

17.A person possesses some gold or silver, and some goods for trade as well. All these will have to be calculated together. If they reach the nisaab of either gold or silver, Zakaah will be wajib. If they do not reach the nisaab, Zakaah will not be wajib.

18.Goods for trade will only be regarded as such if they have been purchased with the intention of re-sale. If a person purchases some rice or any other item for his domestic needs or for a wedding, etc. and thereafter decides to sell this item, Zakaah will not be wajib on this.