Zakah on land held for residence
Machine translationRead the Arabic original
Question:
I say: Honorable Shaykh, may Allah grant you success, I have come to you from one of the neighboring countries, and I wish to pose this question to you, may Allah preserve you. About twenty years ago, I bought four or five plots of land, not with the intention of trading, but with the intention that they would be for my seven sons, knowing that in my country I do not own a house; rather, I live in a rented house. I wanted to build a house, but unfortunately, the loans offered by the Ministry of Housing in our country contain riba (usury or interest), and all our banks are riba-based, so I did not deal with them. I now want to sell these lands that I bought previously at a low price, but I am waiting until these lands become expensive so that I have the funds to build a residence for myself and my family, not with the intention of trading. The question is: Is there zakah on these lands? Knowing that if I sold them now, I would not have enough funds to build a residence. So I ask you, Honorable Shaykh, to clarify this.
Answer:
As for the past years in which you did not intend to sell them, it is not [subject to zakah] based on your intentions. But once you intended to sell them, they become [subject to zakah] when a lunar year has passed from the time of your intention. So you pay zakah on them every time a lunar year has passed, by estimating their value. Yes.
I say: Honorable Shaykh, may Allah grant you success, I have come to you from one of the neighboring countries, and I wish to pose this question to you, may Allah preserve you. About twenty years ago, I bought four or five plots of land, not with the intention of trading, but with the intention that they would be for my seven sons, knowing that in my country I do not own a house; rather, I live in a rented house. I wanted to build a house, but unfortunately, the loans offered by the Ministry of Housing in our country contain riba (usury or interest), and all our banks are riba-based, so I did not deal with them. I now want to sell these lands that I bought previously at a low price, but I am waiting until these lands become expensive so that I have the funds to build a residence for myself and my family, not with the intention of trading. The question is: Is there zakah on these lands? Knowing that if I sold them now, I would not have enough funds to build a residence. So I ask you, Honorable Shaykh, to clarify this.
Answer:
As for the past years in which you did not intend to sell them, it is not [subject to zakah] based on your intentions. But once you intended to sell them, they become [subject to zakah] when a lunar year has passed from the time of your intention. So you pay zakah on them every time a lunar year has passed, by estimating their value. Yes.
Source
قناة «العلامة الدكتور صالح الفوزان»، 141/79 شرح زاد المستقنع/ صالح الفوزان — youtube.com
The Arabic text is a machine transcription of the audio recording.
