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Fatwa CenterPaying overdue zakah on silver hoarded by mother
Question
We found out that we own seven kgs of silver that were given as a gift by guests during our wedding. The silver was never in our possession but remained in my wife's mother's custody for the last 30 years. We were given it after her death. Is silver subject to zakah, and if so, then how should it be calculated?
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.
If this silver was gifted to you, then you were obliged to pay zakah on it when a whole lunar year elapses, and you must do so for every year. Your mother was not permitted to save this money and prevent you from paying the zakah on it.
Since what happened has happened, then who ever has a share in this money that reaches the nisaab (minimum amount liable for zakah), which is 595 grams of pure silver, then he has to pay zakah of whatever he possesses and he must pay the zakah for the previous years.
The method is to calculate the silver that one possesses and then deduct the amount of zakah from it year after year.
If we assume that these seven kilograms were entirely possessed for the last thirty years, then you must calculate its zakah when the first whole lunar year elapsed after possessing it, which is 175 grams (i.e. 2.5%), then you pay zakah on the remaining amount the second year. [The remaining amount in this case will be: 7 kg minus 175 grams; i.e. 6 kg and 825 grams] This means that, for each year, you calculate the zakah on the remaining amount [i.e. the amount that would remain after deducting the zakah from it].
This is one of the two views on the matter on the basis that zakah is obligatory on the money itself, which is the correct opinion according to many scholars.
In case you are unable to know the exact amount, then you should estimate it in order to be on the safe side, and then you pay the zakah on an amount through which you predominantly believe that you become exempted from sin. This is all you could do, and Allaah does not burden any soul beyond its capacity.
Allaah knows best.
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