She has jewelry but does not have money to pay its Zakah
Fatwa No: 143267

  • Fatwa Date:22-11-2010 - Thul-Hijjah 16, 1431
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Question

(on behalf of a sister) Assalamualaikum, I got married in December 2005 and I was given a considerable amount of Gold jewelry by my parents and in laws on which zakat is wajib.When I came to Canada I brought some gold jewellery with me and the big ones are back at my home. My father is paying zakat for the rest of my jewelry since the time they were bought. Now my question is 1)Can my father pay my zakat or does my husband has to pay my zakat as I have no source of income? 2) I sold gold [jewelry] that I used to wear for some time but I did not pay zakat on it. What I should do about its zakat, given that I sold it for about $2000. 3) As my husband is a student so he doesn't have any income either. But is it possible for me to pay my zakat all together after he gets a job or do i have to pay my zakat by my income (I don't have any income as i'm a housewife)? 4)Now the month of Ramadan has passed I did not pay zakat.did i have to pay in ramadan as i havent ,can i pay now?please clarify in detail wht will be the calculation procedure?

Answer

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  sallallaahu  `alayhi  wa  sallam ( may  Allaah exalt his mention ) is His slave and Messenger.

Our answer to your questions will be summarized in the following points:

1-    We have already issued Fataawa 83665 and 82925 clarifying the difference of opinion among the jurists on the obligation of paying Zakah on jewelry that is prepared to be used as an adornment; the majority of the scholars  may  Allaah  have  mercy  upon  them are of the view that it is not an obligation while others are of the view that it is an obligation, so please refer to the above Fataawa for more benefit.

2-    If you want to act according to the view that it is an obligation to pay Zakah on the jewelry that is for personal use, or that your jewelry that is not for personal use reaches the Nisaab (minimum amount liable for Zakah), then the Zakah is an obligation on you and not on your father or husband; however, if one of them volunteers to pay it on your behalf, then this is permissible. Also, it is permissible for you to authorize your father to pay the Zakah on your behalf and it is not an obligation on your husband to do that. Hence, it is permissible for either your father or your husband to pay the Zakah on your behalf. What is important is that none of them should pay it on your behalf without your permission, because Zakah is an act of worship and the intention is a condition for it. Ibn Qudaamah  may  Allaah  have  mercy  upon  him said: “The view of the majority of the jurists is that the intention is a condition for paying the Zakah.”

3-    If a person is obligated to pay Zakah on his money – whether it is gold or silver or other Zakatable money – and he did not pay it out, then he must take the initiative to pay it because Zakah is an immediate obligation, and it is a right for those who deserve it, so it is not waved off by the passing of its time. Hence, if you were obligated to pay Zakah and you did not pay it out, it remains a debt that you must pay and you must take the initiative to pay it.

4-    If Zakah is due, then it must be paid immediately, so it is not permissible for you to delay it until your husband works; rather, you must pay it immediately. An-Nawawi  may  Allaah  have  mercy  upon  him said: “Zakah, in our view, should be paid immediately, and when it becomes due and a person is able to pay it out, then it is not permissible for him to delay it, but if he is unable to pay it, then he is permitted to delay it until he becomes able, and if he delays it after he becomes able, then he is sinful and becomes obliged to guarantee it.”

5-    It is not an obligation to pay Zakah in the month of Ramadan; rather, it is an obligation to pay it when a whole lunar year elapses over the money that reaches the Nisaab, so if a whole lunar year ends in Ramadan, you pay the Zakah in Ramadan, and if the whole lunar year ends in Thul-Hijjaah, you pay the Zakah on this month and so forth. Therefore, you should look when a whole lunar year elapses over the gold that you have, and this becomes the month on which you must pay Zakah. If you do not have money to pay the Zakah, then you should pay Zakah from the jewelry itself or that you sell from it what you would use to pay Zakah.

      For more benefit on the Nisaab of Zakah for gold of different karats, please refer to Fatwa 120900, and for more benefit on the Nisaab of Zakah for gold and the elapsing of a whole lunar year and the amount that must be paid, please refer to Fataawa 86629, 89848 and 88256.

Allaah Knows best.

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