Part 35

According to the aforementioned, it is clear that Zakah of what is produced from the earth comprises several kinds:

All these kinds fall under what Allah, Exalted be He, says:

“Spend from the good things which you have earned and from that which We have produced for you from the earth...”

“And give its due [Zakah] on the day of its harvest...” (Qur'an: Al-An*am: 141)

Zakéh is only obligatory on what is weighed and stored of grains and fruits. As for what is not weighed and stored, it does not entail giving Zakah, like walnut, apple, peach, quince, and pomegranate. The same applies to the rest of vegetables and legumes, like radish, garlic, onion, carrot, watermelon, cucumber, eggplants and the like. This is based on the marfit’ (traceable) hadith of * Ali (may Allah be pleased with him) who narrated that the Prophet (PBUH) said:

“No Zakah is due on vegetables.” (Related by Ad-Daraqutni)” Moreover, Allah’s Messenger (PBUH) said: “No Zakdh is to be paid on (a quantity) less than five wasqs.”

Thus, measuring is considered in what entails giving Zakaéh, which indicates that Zakdh is not to be given from what is neither measured nor stored. In addition, the fact that the Prophet (PBUH) and his Caliphs used not to collect Zakah for such kinds of plants, though they were cultivated near them, serves as evidence that Zakdh is not to be taken from these plants. This means that abstaining from taking Zakah from such plants is the followed Sunnah. Imam Ahmad said:

“What resembles cucumber, onion, and basils (in being not measured nor stored) does not entail giving Zakéh, except when it is sold and then a year lapses on its price.”

4 Al-Bukhari (1405) [3/342], Muslim (2260) [4/52], Abd Dawid (1558) [2/142], At- ‘Tirmidhi (625) [3/22], An-Nasa’i (2444) [2/18] and Ibn Majah (1793) [2/374].

6 Abii Dawdd (1603) [2/175], Al-Tirmidhi (643) [3/36], An-Nas@’i (2617) [3/115] and Ibn Majah (1819) [2/390].

The rulings on Zakah of gold and silver are also applied with regard to what is derived from them such as money, jewels, ingots and the like.

The proof of the legality of Zakah on gold and silver is the Qur'an, the Sunnah, and the consensus of Muslim scholars. Allah, Exalted be He, says:

“\+ Those who hoard gold and silver and spend it not in the Way of Allah - give them tidings of a painful punishment ...” (Qur'an: At-Tawbah: 34)

In this Noble Qur’anic verse there is a hard warning of painful torture to those who refrain from giving Zakah due on gold and silver.

In the Two Sahihs, it is related that the Prophet (PBUH) said:

“If any owner of gold or silver does not pay what is due on him, when the Day of Resurrection comes, it (the gold or the silver) will be turned : : . . . nl

into plates of fire for him (and he will be punished with them).

All Muslim scholars have unanimously agreed that what is meant by “hoarding” in the Noble Qur'an and the hadith is things piled up together whether buried on the face of the earth or not. These things entail giving Zakah but it was not given. If the due Zakah is paid, then it is not considered hoarding.

Zakah is to be given in gold when it reaches twenty mithgals.. Thus, the nisab of gold is 85 grams. With regard to silver, the nisab of silver is 200 dirhams which equals 595 grams of silver,’ whether these dirhams are coined or not. The due amount of Zakah in gold and silver is one-fortieth (2.5%). This is based on the marfii’ (traceable) hadith of Ibn ‘Umar and * A’ishah (may Allah be pleased with them) who said:

“The Prophet (PBUH) used to take half a dinar’ as Zakah from the property that reached twenty dinars and upward.”

In addition, Anas (may Allah be pleased with him) narrated that the Prophet (PBUH) said:

“One-fortieth (i.e. 2.5%) is to be taken from pure silver (as Zakah).” (Related by Al-Bukhari)”

What is Permitted for Men to Wear of Gold and Silver

Men are allowed to wear a silver ring, as the Prophet (PBUH) used to wear a silver ring, and this is related by Al-Bukhari and Muslim’. However, men are prohibited from wearing golden rings, as the Prophet (PBUH) prohibited men from adorning themselves with gold*. The Prophet (PBUH) expressed a hard warning to the one who does it, by saying:

“The one of you takes live coal from the Hellfire and puts it on his hand.”

Yet, men are allowed to wear gold when necessary, like using gold as an artificial nose or in orthodontics. This is because the nose of *Arfajah Ibn As‘ad (may Allah be pleased with him) was cut on the Battle of Al-Kulab (a battle that took place in the Pre-Islamic Period of Ignorance). So, he used a nose made of silver, but it caused a stench, so the Prophet (PBUH) ordered him to get a gold nose, (Related by Aba Dawad and Al-Hakim who deemed it sahih, i.e. authentic)"

What is Permitted for Women to Wear of Gold and Silver

Women are allowed to wear gold and silver in whatever way they are accustomed to, as the Lawgiver permitted adornment to them absolutely. The Prophet (PBUH) said:

“Gold and silk are made lawful to the females of my nation while made unlawful to the males.”

This hadith indicates that it is permissible for women to adorn themselves with gold and silver. Moreover, Muslim scholars have unanimously agreed upon this.

No Zakah is to be given from the golden and silver jewelry of women if used for ornaments or lending. This is according to what the Prophet (PBUH) said:

(Related by At-Tabarani, on the authority of Jabir, with a weak chain of transmitters)

However, what supports this hadith is the fact that it was adopted and Muslims have acted according to it, and was also adopted by a group of the Prophets Companions, among whom were: Anas, Jabir, ‘Aishah, and Asma’ C Xishah’s sister) (may Allah be pleased with them all). Imam Ahmad said,

« This opinion is adopted by five from amongst the Companions of the Prophet (PBUH)?" Moreover, using gold for adornment is not an act of investment but a lawful act that resembles wearing a suit, having servants, and possessing houses for dwelling.

If the jewelry is set to be used for the purposes of renting, spending (in case of need), possessing, saving, or is meant for any purposes other than those of using and lending, then it is subject to the original ruling of giving Zakah and Zakéh is to be observed in it. This is because gold and silver entail giving Zakah, Zakah is not due on them only when they are used for ornaments and lending. Other than that, the original sum is subject to paying the due Zakah when it reaches the nisab' " separately, or by adding it to another part of the property. In case the jewelry does not reach the niséb, and it is not possible to add it to another property, then it does not entail giving Zakah except when it is set for trading; in this case, its value is subject to paying Zakdh.

The Ruling on Plating Walls and Other Stuff with Gold or Silver and Using Utensils Made of Any of Them

It is prohibited to plate a ceiling or a wall with sliver or gold, or to plate a vehicle or its keys with them. All this is prohibited for a Muslim. It is also prohibited to plate a pen or an inkwell with gold or sliver, because all this is considered signs of extravagance and vanity. Moreover, it is prohibited to use utensils made of gold or silver, or to plate utensils with them. The Prophet (PBUH) said:

“He who drinks in a vessel of gold or silver is only filling his abdomen with Hellfire.”

In addition, there is a hard warning to those men who wear golden rings, but regretfully, some Muslim men wear golden rings, paying no heed to the warning, or are ignorant of it. Such men should repent to Allah for wearing golden adornments, and be content with wearing the sliver ring, which Allah has permitted, for doing what is lawful suffices instead of doing what is prohibited. Allah, Exalted be He, says:

“..And whoever fears Allah - He will make for him a way out - and will provide for him from where he does not expect. And whoever relies upon Allah - then He is sufficient for him. Indeed, Allah will accomplish His purpose. Allah has already set for everything a [decreed] extent.” (Qur'an: At-Talaq: 2-3)

We ask Allah to grant us all guidance to His Religion, adherence to His Divine Law, and sincerity in worship.

1 Muslim (2287) [4/67]; see also Al-Bukhari (1402) [3/338]. 2 Mithgdl: A standard measure that equals 4.25 grams.

4 Dinar: An old Arab coin that equals 2.975 grams of gold. 5 Ibn Majah (1791) [2/373].

10 Aba Dawtid (4232) [4/279], Al-Tirmidhi (1774) [4/240] and An-Nasa’i (5176) [4/543].

11 Aba Dawid (4057) [4/214], An-Nasa’i (5159) [4/540] and Ibn Majah (3595) [4/157]. See also An-Nasa’i (5163) [4/540] and Al-Tirmidhi (1720) [4/217].

13 ‘Abdur-Razziq in his “Musannaf” [4/81-86], Ibn Ab Shaybah in his “Musannaf” (2/383-384] and Al-Bayhaqi in his “Sunan” [4/232-234].

Trade goods refer to anything allocated for trading purposes with the aim of making profit. Zakah on trade goods is obligatory according to the Qur'an, the Sunnah and consensus. Allah says:

“Take, [0 Muhammad], from their wealth a charity by which you purify them and cause them increase...”

“And those within whose wealth is a known right. For the petitioner and the deprived...” (Qur'an: Al-Ma ‘arij: 24-25)

The major part of trade goods constitutes the majority of assets (or property), and that is why they are implied, with greater reason, in the general meanings of the verses related thereof.

Moreover, it is related by Abi Dawa on the authority of Samurah who said:

“The Prophet (PBUH) used to order us to pay Zakah on what we prepare for trade.”'

In general, because trade goods are growing money, they entail paying Zakah, just as grazing livestock.

Furthermore, there is more than one narration on the consensus of Muslim scholars on the obligation of paying Zakah by any Muslim who possesses trade goods for a whole lunar year.

“The Four Imams, together with the entire body of Muslim scholars except few individual scholars, unanimously agree that it is obligatory to give Zakah on trade goods. This ruling applies to any merchant, whether resident or traveling, a monopolist merchant (the one who buys trade goods at times of price fall and sells them when prices are high) or a shopkeeper. It also applies to any type of goods such as clothes (brand new or second-hand); food (e.g. grains, fruit, and any edible matter); utensils such as pottery and the like; or any types of animals including horses, mules, donkeys, sheep, etc. Generally, while merchandise represents the majority of peoples non-observable properties, cattle represent the majority of their observable properties.”

However, Zakah on trade goods becomes obligatory only under the following four conditions:

First: The owner has acquired this property by doing some act such as transactions, gifting, bequeathing, renting, or other means of acquisition.

Second: The owner intends to use trade goods for trade and profit. Since the correctness and rewards of deeds depend upon intentions, so trade, like any other act, is to be associated by an intention.

Third: The value of trade goods must reach the nisdb evaluated in gold or silver.

Fourth: A lunar year must lapse upon the nisab, for the Prophet (PBUH) said:

“No Zakah is due upon property until one year has passed.”

However, if the owner buys trade goods against a monetary currency equal to the misdb or buys them for other trade goods equal to the nisdb, the year of the goods possession is to be counted with regard to the property he bought the trade goods with.

Zakah on trade goods is to be appraised at the completion of the lunar year (when the value of one’s trade goods amounts to the nisdb) by either gold or silver. When appraising the value of the nisab, it should be appraised according to the value that will be more useful to the poor. Then, fortieth (2.5%) of the value is to be paid, irrespective of any amount of money that has been used for buying trade goods; however, what is to be taken in consideration is the value of trade goods at the completion of the year. This is to observe justice regarding both the merchant and the recipients of Zakdh.

A Muslim is to pursue accuracy and scrutiny while reckoning the payable amount of Zakéh, simulating in the process the way a miser would reckon with his partner. Thus, all types of trade goods owned by a Muslim must be valued in a just way. A shopkeeper, for instance, is to estimate the value of all kinds of goods he has such as canned foods and the like. Similarly, an automobile or spare-parts seller is to value all his objects. An owner of real estate who has put his property up for sale should likewise value this property and pay Zakdh due on it. However, any property set for renting, such as buildings and automobiles, does not entail giving Zakah. Rather, Zakah is due on the revenue if it amounts to the nisdb when a complete lunar year passes on it.

Furthermore, houses and automobiles intended for personal usage (i.e. living and transport, respectively) do not entail Zakdh. In the same way, house furniture as well as store furnishings and tools of the merchant, such as cubits, measures, scales, perfume vessels and suchlike things, do not entail giving Zakéh, as they are not intended for trade.

A Muslim ought to give Zakah wholeheartedly, seeking thereby the Divine reward. A Muslim should also realize that Zakah will bring him gain in this world and in the Hereafter, and he should not regard what he gives as Zakdh as a loss by any way. Allah, Exalted be He, says:

“And among the Bedouins are some who consider what they spend as a loss and await for your turns of misfortune. Upon them will be a misfortune of evil. And Allah is Hearing and Knowing. But among the Bedouins are some who believe in Allah and the Last

Day and consider what they spend as means of nearness to Allah and of [obtaining] invocations of the Messenger. Unquestionably, it is a means of nearness for them. Allah will admit them to His mercy. Indeed, Allah is Forgiving and Merciful.”

Each of the two parties mentioned in the aforementioned Qur'anic verse gives Zakah. Yet, they are treated differently by Allah, according to the intention of each group. The first group includes those who give Zakah considering it a loss and taking it a screen to hide their ill will toward Muslims, They wait for an occasion when Muslims are stricken by misfortunes to take revenge on them. However, upon them will be a misfortune of evil, and they have been deprived of Allah's reward and have lost the money they have given as Zakah. On the other hand, those believers who give Zakdh to draw near to Allah indeed will receive a far much valuable reward from Allah in compensation for their good intentions of giving Zakah. In this respect, Allah says:

“,.. Unquestionably, it is a means of nearness for them. Allah will admit them to His mercy...” (Qur'an: At-Tawbah: 99)

All Muslims thus ought to fear Allah and reflect on such sublime meanings as those indicated by the following Qur'anic verse:

“And loan Allah a goodly loan. And whatever good you put forward for yourselves - you will find it with Allah. It is better and greater in reward. And seek forgiveness of Allah. Indeed, Allah is Forgiving and Merciful.” (Qur'an: Al-Muzzammil: 20)

1 Abd Dawiid (1562) [2/145]. 2 See: "Majmii ‘ul-Fatawa” (25/15, 45),

Zakatul-Fitr is an obligatory charity to be paid by the end of Ramadan. Hence, the term is a causative one, as Fifr (breaking the fast) is the cause for Zakah to be given. Zakdtul-Fitr is obligatory according to the Qur'an, the Sunnah and the consensus of Muslim scholars.

Allah, Exalted be He, says: “He has certainly succeeded who purifies himself...”

Some of the scholars of the Salaf (early Muslim scholars) view that the word ‘purifies’ in this verse refers to giving Zakétul-Fitr. Moreover, the obligation of giving Zakatul-Fifr is to be understood from the general meaning of the divine command: “...and give Zakdah...” (Qur'an: Al-Baqarah: 43) Furthermore,