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﴿ فَاسْأَلُوا أَهْلَ الذِّكْرِ إِن كُنتُمْ لَا تَعْلَمُونَ ﴾

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Building the dwelling in need of

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Fatwa number ( 7452 )
Q: There is a married friend who has two sons and a good job, but he is hesitant about saving money, knowing that he does not own his own house and lives in a rented apartment. Is it permissible for him to save money to build a house ? The reason for his hesitation is that he read a verse from the Noble Qur'an:
And they ask you what they should spend. Say, "The excess [beyond needs]."وَيَسْأَلُونَكَ مَاذَا يُنْفِقُونَ قُلِ الْعَفْوَ
[Al-Baqarah 2:219]
He also read a hadith to the effect that a person is not allowed to own and accumulate more than his needs, but rather he must spend everything that remains after his needs. He also tried repeatedly to save the amount for building the house, but each time he was met by someone who was in greater need of money than he was, and he gave to them. Should he refrain from giving until he has a house?

A: First : It is permissible for the person mentioned to save from his earnings what does not harm him and his family, in order to build a house for his residence and the residence of those he supports. There is nothing in the Qur'an or in the established Sunnah that prevents this, nor anything that obligates a Muslim to give in charity or donate everything that exceeds his needs. Moreover, the dwelling that he owns and takes shelter in, along with those he supports, is part of his needs. There is also nothing in the Book or in the established Sunnah that obligates a Muslim to give from his wealth to someone who is in greater need than he is, until that person's level is raised to be equal to his in need or
close to it. Allah has only made zakat obligatory on the wealth that is subject to zakat, once it reaches the nisab and a lunar year has passed since he acquired it. He also made it obligatory in cases of dire necessity or catastrophe that threatens destruction, to provide what ensures safety or escape from it. This becomes obligatory for those present in the place of the crisis, either as an individual obligation or a collective obligation, depending on the circumstances. Second : Among the Companions (may Allah be pleased with them) were the wealthy, such as 'Uthman ibn 'Affan and 'Abd al-Rahman ibn 'Awf and others. Their wealth that exceeded their needs and was subject to zakat reached the nisab and a lunar year passed over it, yet the Prophet (peace and blessings be upon him) did not obligate them to pay more than zakat. Rather, he would advise the tax collectors and instruct them to be fair and just between them and the recipients of zakat, so that they would not wrong the owners of capital, nor deprive the poor, the needy, and the other categories of zakat recipients of their share. This was out of mercy for both parties and to establish justice between them. He would not go beyond encouraging them to spend in emergencies, as happened in the expedition of Tabuk . Some of them brought all their wealth, such as Abu Bakr , some brought half of it, such as 'Umar , and it was known of some that they equipped the army of hardship, such as 'Uthman (may Allah be pleased with them). The point is that each of them gave what pleased his soul, in response to the call to good and in support of jihad in the cause of Allah. And no one
was blamed for keeping what he kept of his wealth, whether little or much. He encouraged making a bequest of wealth, and did not permit increasing the bequest beyond one-third, even if the wealth was abundant and the heirs were few. This and similar matters indicate the permissibility for a person to keep in his ownership wealth that greatly exceeds his needs. Therefore, it is permissible for the person mentioned to save from his wealth what enables him to build a suitable house for his residence and the residence of those he supports. 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.

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