1st September 2015
السلام عليكم و رحمة الله و بركاته
Question: Man is Mālik (owner) of gold on his parent’s side and a Wife is owner of gold on her parent’s side.
- From 2009 to 2013, the monthly mortgage payment was £400 (25 year mortgage/house loan). After paying all expenses, £6000 remains in his savings in 2010. This does not increase during 2011,2012,2013. Gold on Man’s parents side is more than 7.5 tolas. Wife has gold more than 7.5 tolas on her parent’s side. What is the ruling of Zakāt on both the man and wife until 2013?
- House was repossessed in 2014. The bank sold house at a cheaper price. Total outstanding balance was £17000. Bank is chasing for this. The man’s cash plus gold are no more than £ 17000. Do they still need to pay Zakāt?
الجواب حامداً و مصلياً
In the name of Allāh, the Most Gracious, the Most Merciful
Answer
1: In reference to your query, with the exception of the monthly mortgage payment, Zakāt is obligatory on the £6000 savings and the 7.5 tola of gold because of each of them reaches the required Nisāb level. Zakāt for both cash and gold must be calculated separately and not combined. [1] As a note, the man and wife are individually responsible for paying Zakāt on their own Zakatable assets if they are considered the sole owners of it. The man is not liable for paying Zakāt on his wife’s behalf and vice-versa. Whoever is considered the owner of £6000 is responsible for paying Zakāt on it. Any previous years of outstanding Zakāt on both articles should be calculated as well.
2: In this scenario, Zakāt will not be necessary as your debt now encompasses all your savings.[2]
[Allāh Knows Best]
Written by (Mufti) Abdul Waheed
Answer Attested by Shaykh Mufti Saiful Islam
JKN Fatawa Department
[1] Durrul Mukhtār wa Hashiyah Ibn Ābideen as-Shāmi, Kitāb Zakāt, Bāb Zakātil Māl, p. 234 vol 3
وَإِنْ تَعَدَّدَ النِّصَابُ تَجِبُ إجْمَاعًا أَيْ بِحَيْثُ يَبْلُغُ قَبْلَ الضَّمِّ مَالُ كُلِّ وَاحِدٍ بِانْفِرَادِهِ نِصَابًا فَإِنَّهُ يَجِبُ حِينَئِذٍ عَلَى كُلٍّ مِنْهُمَا زَكَاةُ نِصَابِهِ
[2] Durrul Mukhtār wa Hashiyah Ibn Ābideen as-Shāmi, Kitāb Zakāt, p.180 vol3
(فَلَا زَكَاةَ عَلَى مُكَاتَبٍ) لِعَدَمِ الْمِلْكِ التَّامِّ…. (وَمَدْيُونٍ لِلْعَبْدِ بِقَدْرِ دَيْنِهِ) فَيُزَكِّي الزَّائِدُ إنْ بَلَغَ نِصَابًا
(قَوْلُهُ وَمَدْيُونٍ لِلْعَبْدِ) الْأَوْلَى وَمَدْيُونٍ بِدَيْنٍ يُطَالِبُهُ بِهِ الْعَبْدُ لِيَشْمَلَ دَيْنَ الزَّكَاةِ وَالْخَرَاجِ لِأَنَّهُ لِلَّهِ – تَعَالَى – مَعَ أَنَّهُ يَمْنَعُ لِأَنَّ لَهُ مُطَالِبًا مِنْ جِهَةِ الْعِبَادِ كَمَا مَرَّ