The Ruling on Zakah on Goods Held for Trade
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Fatwa No. ( 2324 )
Q: A questioner from Morocco wrote to us, stating that a disagreement and dispute arose among the scholars of Morocco regarding the zakat on trade goods. Some of them make zakat obligatory on them, while others do not make it obligatory on them, arguing based on the verse that it does not mention anything but gold and silver. He says: “Other than gold and silver, currencies and trade goods are not annexed to gold or silver.” As for the rest, such as the zakat on grains, fruits, camels, sheep, and cattle, there is no disagreement on them. We hope you will write on this topic to satisfy the disputing party. May Allah reward you.
A: First: The jurists have differed on the obligation of zakah in trade goods. The majority made it obligatory, while Dawud ibn Ali al-Zahiri and a group of others did not. The majority cited as evidence the established hadith of Abu Hurayrah (may Allah be pleased with him) that 'Umar ibn al-Khattab (may Allah be pleased with him) was sent by the Messenger of Allah (peace and blessings be upon him) to collect zakah. He said: "They withheld [it] from al-Abbas and Khalid and Ibn Jamil ." The Messenger of Allah (peace and blessings be upon him) said:Sunan an-Nasa'i 2464Sahih (Darussalam) This indicates that zakah was demanded from him for his coats of mail and armor, in which there is no zakah, unless they are trade goods intended for commerce,
and Khalid did not make them trade goods for commerce, but rather he endowed them in the cause of Allah. And by what Abu Dawud narrated from Samurah ibn Jundub who said:Bulugh al-Maram 4:25 And by what al-Daraqutni narrated from Abu Dharr (may Allah be pleased with him) who said: (I heard the Messenger of Allah (peace and blessings be upon him) say: Al-Mustadrak lil-Hakim 15:6 There is no disagreement that it is not obligatory on the raw silk itself, so it is established that it is obligatory on its value, and that only occurs when it is made for trade. And by what the Imam Ahmad (may Allah have mercy on him) narrated from Abu 'Amr ibn Hammas from his father who said: " 'Umar ordered me, saying: 'Pay the zakah of your wealth.' I said: 'I have no wealth except leather bags and leather.' He said: 'Appraise them and then pay their zakah.' And by what is established from 'Abd al-Rahman ibn 'Abd al-Qari who said: "I was in charge of the treasury during the time of 'Umar ibn al-Khattab . When the stipend was distributed, he would gather the wealth of the merchants, then calculate it, both the absent and the present, then he would take the zakah from the present holder of the wealth on behalf of the absent and the present. And by what is authentic from Ibn 'Abbas (may Allah be pleased with them both) that he used to say: (There is no harm in waiting until the sale
and zakat is obligatory on it.” And it is authentic from Ibn 'Umar (may Allah be pleased with him) that he said: “There is no zakat on trade goods unless they are for trade.” And what is mentioned from the Companions (may Allah be pleased with them) became well-known and was not denied, so it became a consensus. Interpreting what is mentioned by taking it to mean voluntary charity is contrary to the apparent meaning, and indeed contrary to what is explicitly stated in some hadiths and reports where it is named zakat. Those who did not make zakat obligatory on trade goods cited as evidence what is established from the Prophet (peace and blessings be upon him) that he said:Sunan an-Nasa'i 2474Sahih (Darussalam) , and it is also established that he said (peace and blessings be upon him): Sahih Ibn Khuzaymah 6:63 , and it is established that he said (peace and blessings be upon him): Sahih Ibn Khuzaymah 6:46 , and it is established that when he explained the right of Allah the Exalted in camels, cattle, sheep, and treasure, he was asked about horses, so he said: Sahih Ibn Khuzaymah 6:11 Then he was asked about donkeys, so he said: Sahih al-Bukhari 4962 This indicates that there is no zakat on them, whether they are prepared for trade or not. And the response to
that is to take it to mean that zakat is not obligatory on their physical forms, and this does not contradict the obligation of zakat on their value in gold and silver, for they are not intended for their physical forms but rather for their value, so their value is what is considered. And by this, the evidence for negating its obligation on trade goods and affirming it on them is reconciled. And success is from Allah, and may Allah send prayers and blessings upon our Prophet Muhammad and his family and his Companions.
Q: A questioner from Morocco wrote to us, stating that a disagreement and dispute arose among the scholars of Morocco regarding the zakat on trade goods. Some of them make zakat obligatory on them, while others do not make it obligatory on them, arguing based on the verse that it does not mention anything but gold and silver. He says: “Other than gold and silver, currencies and trade goods are not annexed to gold or silver.” As for the rest, such as the zakat on grains, fruits, camels, sheep, and cattle, there is no disagreement on them. We hope you will write on this topic to satisfy the disputing party. May Allah reward you.
A: First: The jurists have differed on the obligation of zakah in trade goods. The majority made it obligatory, while Dawud ibn Ali al-Zahiri and a group of others did not. The majority cited as evidence the established hadith of Abu Hurayrah (may Allah be pleased with him) that 'Umar ibn al-Khattab (may Allah be pleased with him) was sent by the Messenger of Allah (peace and blessings be upon him) to collect zakah. He said: "They withheld [it] from al-Abbas and Khalid and Ibn Jamil ." The Messenger of Allah (peace and blessings be upon him) said:
you are being unfair to Khalid, for he is saving his shields and weapons for the sake of Allah
إنكم تظلمون خالدًا ، إن خالدًا قد احتبس أدراعه وأعتده في سبيل اللهand Khalid did not make them trade goods for commerce, but rather he endowed them in the cause of Allah. And by what Abu Dawud narrated from Samurah ibn Jundub who said:
The Messenger of Allah (ﷺ) used to command us to pay Zakah from (the goods) we had prepared for sale.
كان رسول الله صلى الله عليه وسلم يأمرنا أن نخرج الزكاة مما نعده للبيعIn camels is its zakat, in sheep is its zakat, and in silk is its zakat
في الإبل صدقتها، وفي الغنم صدقتها، وفي البز صدقتهand zakat is obligatory on it.” And it is authentic from Ibn 'Umar (may Allah be pleased with him) that he said: “There is no zakat on trade goods unless they are for trade.” And what is mentioned from the Companions (may Allah be pleased with them) became well-known and was not denied, so it became a consensus. Interpreting what is mentioned by taking it to mean voluntary charity is contrary to the apparent meaning, and indeed contrary to what is explicitly stated in some hadiths and reports where it is named zakat. Those who did not make zakat obligatory on trade goods cited as evidence what is established from the Prophet (peace and blessings be upon him) that he said:
no Sadaqah is due on less than five Awaq of silver, and no Sadaqah is due on less than five Dhawd (head) of camels.
ليس فيما دون خمس أواق من الورق صدقة، وليس فيما دون خمس ذود من الإبل صدقةThere is no zakat on less than five wasq of grain and fruit
ليس فيما دون خمسة أوسق من الحب والثمر صدقةThere is no zakat on a Muslim’s slave or his horse except the zakat al-fitr
ليس على المسلم في عبده ولا فرسه صدقة إلا صدقة الفطرHorses are for three: for one man they are a reward, for one man they are a cover, and for one man they are a burden
الخيل لثلاثة: هي لرجل أجر، ولرجل ستر، وعلى رجل وزرNothing has been revealed to me except this comprehensive Verse which includes everything: 'So whoever does good equal to the weight of an atom (or a smallest ant) shall see it
ما أنزل علي فيها إلا هذه الآية الفاذة الجامعة: فَمَنْ يَعْمَلْ مِثْقَالَ ذَرَّةٍ خَيْرًا يَرَهُthat is to take it to mean that zakat is not obligatory on their physical forms, and this does not contradict the obligation of zakat on their value in gold and silver, for they are not intended for their physical forms but rather for their value, so their value is what is considered. And by this, the evidence for negating its obligation on trade goods and affirming it on them is reconciled. And success is from Allah, and may Allah send prayers and blessings upon our Prophet Muhammad and his family and his Companions.
Source
www.alifta.gov.sa
The Arabic text is copied verbatim from the original source, without any edits.