Land purchased for various purposes
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The second question of Fatwa No. ( 21047 )
Q2: I agreed with some of my brothers to purchase a piece of land divided into (6) plots. My intention when purchasing this land was for it to be a house for me, if Allah wills. However, when we discussed the distribution of these plots, we disagreed on the method of distribution. To avoid the failure of the purchase, we all agreed that each of our shares would be undivided (musha'ah), and after the sale, we would share the value according to each one's share. I intend to take a portion of the land in exchange for my contribution at a suitable time when the land price is assessed during liquidation. Is there zakah on my share of the land's value? I also have a piece of land that I purchased in 1413 AH to submit it to the Real Estate Fund. My intention was to exchange it for another land after my name was announced by the Fund, and I would sell this first land. Is there zakah on this land?
I also have a piece of land that was given to me by the municipality in 1408 AH. I have kept it since then, hoping its value would increase so that I could sell it and buy another land to build a house for me in my current place of residence. Is there zakah on this land ?
A2: If you all intended the aforementioned land for sale, and a lunar year has passed while it was intended for sale, then it is obligatory for each of you to pay zakah on your share if the value of your share reaches the nisab. This is done by estimating its value at the completion of the lunar year and paying out one-quarter of a tenth. The lunar year begins from the time of the intention to sell. As for if some of you intended to sell their share and others did not intend that, then zakah is obligatory only on the share of the one who intended to sell. The same ruling applies to the land you own individually; if you intend it for sale, zakah becomes obligatory on it in the manner we mentioned, whether you owned it by gift or otherwise. And success is from Allah, and may Allah send prayers and blessings upon our Prophet Muhammad, his family, and his Companions.
Q2: I agreed with some of my brothers to purchase a piece of land divided into (6) plots. My intention when purchasing this land was for it to be a house for me, if Allah wills. However, when we discussed the distribution of these plots, we disagreed on the method of distribution. To avoid the failure of the purchase, we all agreed that each of our shares would be undivided (musha'ah), and after the sale, we would share the value according to each one's share. I intend to take a portion of the land in exchange for my contribution at a suitable time when the land price is assessed during liquidation. Is there zakah on my share of the land's value? I also have a piece of land that I purchased in 1413 AH to submit it to the Real Estate Fund. My intention was to exchange it for another land after my name was announced by the Fund, and I would sell this first land. Is there zakah on this land?
I also have a piece of land that was given to me by the municipality in 1408 AH. I have kept it since then, hoping its value would increase so that I could sell it and buy another land to build a house for me in my current place of residence. Is there zakah on this land ?
A2: If you all intended the aforementioned land for sale, and a lunar year has passed while it was intended for sale, then it is obligatory for each of you to pay zakah on your share if the value of your share reaches the nisab. This is done by estimating its value at the completion of the lunar year and paying out one-quarter of a tenth. The lunar year begins from the time of the intention to sell. As for if some of you intended to sell their share and others did not intend that, then zakah is obligatory only on the share of the one who intended to sell. The same ruling applies to the land you own individually; if you intend it for sale, zakah becomes obligatory on it in the manner we mentioned, whether you owned it by gift or otherwise. And success is from Allah, and may Allah send prayers and blessings upon our Prophet Muhammad, his family, and his Companions.
Source
www.alifta.gov.sa
The Arabic text is copied verbatim from the original source, without any edits.