Zakah on land prepared for sale
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Fatwa number ( 16707 )
Q: We are siblings; two sons and four daughters, and a wife. Our father passed away, leaving us a sum of money in the bank and a piece of land. We divided the money according to the Shari'ah, with the male receiving the share of two females, praise be to Allah. However, we have not sold the land because it did not bring the amount we had set. Therefore, we preferred to leave it until its price rises, then sell it and divide the proceeds according to the Shari'ah. It has now been about two years or more, and its price has not risen. So I asked my siblings
to pay the zakah on the land because we left it for the purpose of selling it and for the price to rise. But my sisters, may Allah guide them, did not agree to this; they believe that there is no zakah on the land, and that it is an inheritance. So who is right, me or them? I ask for a detailed and precise explanation of the issue. May Allah reward you.
A: If the situation is as described, then zakah becomes obligatory on the share of each heir once it reaches the nisab in value of the aforementioned land, provided they have prepared it for sale. It is assessed at the completion of the lunar year, and likewise whenever a lunar year passes from their intention, it is assessed and each heir pays zakah on the amount of his share once it reaches the nisab by itself, or by combining it with the money or trade goods he possesses. If some of them intend to sell their share while others do not, then the ruling applies only to those who intend to sell. And success is from Allah, and may Allah send prayers and blessings upon our Prophet Muhammad, his family, and his Companions.
Q: We are siblings; two sons and four daughters, and a wife. Our father passed away, leaving us a sum of money in the bank and a piece of land. We divided the money according to the Shari'ah, with the male receiving the share of two females, praise be to Allah. However, we have not sold the land because it did not bring the amount we had set. Therefore, we preferred to leave it until its price rises, then sell it and divide the proceeds according to the Shari'ah. It has now been about two years or more, and its price has not risen. So I asked my siblings
to pay the zakah on the land because we left it for the purpose of selling it and for the price to rise. But my sisters, may Allah guide them, did not agree to this; they believe that there is no zakah on the land, and that it is an inheritance. So who is right, me or them? I ask for a detailed and precise explanation of the issue. May Allah reward you.
A: If the situation is as described, then zakah becomes obligatory on the share of each heir once it reaches the nisab in value of the aforementioned land, provided they have prepared it for sale. It is assessed at the completion of the lunar year, and likewise whenever a lunar year passes from their intention, it is assessed and each heir pays zakah on the amount of his share once it reaches the nisab by itself, or by combining it with the money or trade goods he possesses. If some of them intend to sell their share while others do not, then the ruling applies only to those who intend to sell. 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.