Zakah on gifted money kept with someone as a trust
Fatwa No: 221710

  • Fatwa Date:24-10-2013 - Thul-Hijjah 20, 1434
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Question

Assalam u alaikum...Suppose 2 brothers buy a car. 1 of the brother has to pay his share to other one. The 2nd brother asked him to pay the required amount to one of his friend who is in need. But that friend asked the brother not to transfer the amount through bank but to give the money directly to him when he come to his city...Do the 1st brother has to pay the zakah for the amount reserve for the buying of the car?

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, is His Slave and Messenger.

 

The stated gifted money has become owned by the recipient; for he left it as a trust with the agent until he meets him. Al-Qaraafi said in his book Ath-Thakheerah: "If the recipient (of Zakah) knew the matter and said (to the agent) keep it with you, then it is his own money; for it was received by the agent and made a trust with him."

Accordingly, it is no longer owned by the giver and he does not have to pay Zakah on it.

Allaah Knows best.

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