Zakat on Gold Intended for Use
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Fatwa No. ( 1797 )
Q: I would like to ask you, your Excellency, to inform me and my brothers about the topic of zakat on gold or silver jewelry intended for use, not for buying and selling. Some say that what is made for wearing does not have zakat, while others say it has zakat whether for use or for trade, and that the hadiths regarding zakat on items intended for use are stronger than the hadiths stating there is no zakat on them. I hope you will kindly answer me in writing with a clear response. May Allah reward you for Islam and the Muslims with the best reward.
A: The scholars are in agreement on the obligation of zakat on gold and silver jewelry if it is jewelry whose use is forbidden, or if it is prepared for trade or the like. As for jewelry that is permissible and prepared for use or lending, such as a silver ring, women’s adornments, and what is permitted of weapon adornments, the scholars differed
The knowledge regarding the obligation of its zakah; some scholars held that its zakah is obligatory because it falls under the general meaning of the saying of Allah the Exalted:[At-Tawbah 9:34] the verse. Al-Qurtubi stated in his tafsir, and his exact words are: "And Ibn 'Umar explained this meaning in the authentic collection of al-Bukhari . A Bedouin asked him: 'Inform me about the saying of Allah the Exalted: [At-Tawbah 9:34]' Ibn 'Umar said: '(Whoever hoards it and does not pay its zakah, woe will be for him. This was only before zakah was revealed. When it was revealed, Allah made it a purification for wealth).' End of quote. And because there are hadiths that indicate this, among which is what was narrated by Abu Dawud , al-Nasa'i , and al-Tirmidhi , from 'Amr ibn Shu'ayb , from his father, from his grandfather: , and what was narrated by Abu Dawud in his Sunan and by al-Hakim in
his Mustadrak, and by al-Daraqutni and al-Bayhaqi in their Sunans, from 'A'ishah (may Allah be pleased with her), who said:Sunan Abi Dawud 1565Sahih (Al-Albani), and what they narrated from Umm Salama , who said: Mishkat al-Masabih 1810. Some scholars held that there is no zakah in it; because it has become, through permissible use, of the kind of clothing and goods, not of the kind of currency. They answered regarding the generality of the noble verse that it is specified by what the Companions (may Allah be pleased with them) practiced. It is established with a sound chain that 'A'ishah (may Allah be pleased with her) used to look after the orphan daughters of her brother in her care, and they had jewelry, but she did not pay zakah on it. And al-Daraqutni narrated in his chain from Asma' bint Abi Bakr (may Allah be pleased with her), that she used to adorn her daughters with gold and did not pay zakah on it for about fifty
a thousand, and Abu 'Ubayd said in his book *Al-Amwal*: Isma'il ibn Ibrahim narrated to us from Ayyub from Nafi' from Ibn 'Umar that he used to marry off his daughters for ten thousand, and he would make their jewelry from that amount four thousand. He said: So they did not give anything from it, meaning zakah. And he said: Isma'il ibn Ibrahim narrated to us from Ayyub from 'Amr ibn Dinar who said: Jabir ibn 'Abd Allah was asked: Is there zakah in jewelry? He said: No. It was said: Even if it reaches ten thousand? He said: That is a lot. And they responded to the hadiths that explicitly state the obligation of zakah in it by saying that there is something in their chains that weakens their use as evidence. Ibn Hazm described them in *Al-Muhalla* as weak reports that have no basis for being concerned with. And al-Tirmidhi said, after narrating the hadith of 'Amr ibn Shu'ayb from his father from his grandfather: Nothing authentic in this chapter is narrated from the Prophet (peace and blessings be upon him). And Ibn Badr al-Mawsili said in his book *Al-Mughni 'an al-Hifz wa al-Kitab fi ma lam yasih fihi shay'in min al-ahadith fi al-bab*: Chapter on the zakah of jewelry. The author said: Nothing authentic in this chapter is narrated from the Prophet (peace and blessings be upon him). And it was reported from al-Shawkani in *Al-Sayl al-Jarrar* as a commentary on
the book al-Mughni 'an al-Hifz wa al-Kitab: "No authentic hadith has come regarding the zakah of jewelry." And some said: "Its zakah is its loan." The stronger of the two opinions is the opinion of those who said that zakah is obligatory in it, if it reaches the nisab, or if its owners have gold, silver, or trade goods that complete the nisab; because of the generality of the hadiths regarding the obligation of zakah in gold and silver, and there is no authentic specification in this matter as far as we know, and because of the hadiths of 'Abdullah ibn 'Amr ibn al-'As , 'A'ishah , and Umm Salama mentioned earlier, which are hadiths with good chains, having no significant defect, so it is obligatory to act upon them. As for the weakening of them by al-Tirmidhi , Ibn Hazm , and al-Mawsili , there is no reason for it as far as we know, knowing that al-Tirmidhi (may Allah have mercy on him) is excused for what he mentioned; because he narrated the hadith of 'Abdullah ibn 'Amr through a weak path, and it was narrated by Abu Dawud , al-Nasa'i , and Ibn Majah through another sound path, and perhaps al-Tirmidhi did not come across it. And success is from Allah, and may Allah send prayers and blessings upon our Prophet Muhammad and his family and his Companions.
Q: I would like to ask you, your Excellency, to inform me and my brothers about the topic of zakat on gold or silver jewelry intended for use, not for buying and selling. Some say that what is made for wearing does not have zakat, while others say it has zakat whether for use or for trade, and that the hadiths regarding zakat on items intended for use are stronger than the hadiths stating there is no zakat on them. I hope you will kindly answer me in writing with a clear response. May Allah reward you for Islam and the Muslims with the best reward.
A: The scholars are in agreement on the obligation of zakat on gold and silver jewelry if it is jewelry whose use is forbidden, or if it is prepared for trade or the like. As for jewelry that is permissible and prepared for use or lending, such as a silver ring, women’s adornments, and what is permitted of weapon adornments, the scholars differed
The knowledge regarding the obligation of its zakah; some scholars held that its zakah is obligatory because it falls under the general meaning of the saying of Allah the Exalted:
And those who hoard gold and silver and spend it not in the way of Allah - give them tidings of a painful punishment.
وَالَّذِينَ يَكْنِزُونَ الذَّهَبَ وَالْفِضَّةَ وَلاَ يُنْفِقُونَهَا فِي سَبِيلِ اللَّهِ فَبَشِّرْهُمْ بِعَذَابٍ أَلِيمٍAnd those who hoard gold and silver
وَالَّذِينَ يَكْنِزُونَ الذَّهَبَ وَالْفِضَّةَA woman came to the Prophet (peace and blessings be upon him) with her daughter, and on her daughter’s hand were two thick bracelets of gold. He said to her: “Do you pay the zakat of this?” She said: No. He said: “Would you be pleased that Allah brands you with them on the Day of Resurrection with two bracelets of fire?” So she took them off and threw them to the Prophet (peace and blessings be upon him) and said: They are for Allah and His Messenger.
أن امرأة أتت النبي صلى الله عليه وسلم ومعها ابنة لها وفي يد ابنتها مسكتان غليظتان من ذهب، فقال لها: "أتعطين زكاة هذا؟" قالت: لا، قال: "أيسرك أن يسورك الله بهما يوم القيامة سوارين من نار؟"، فخلعتهما فألقتهما إلى النبي صلى الله عليه وسلم وقالت: هما لله ولرسولهhis Mustadrak, and by al-Daraqutni and al-Bayhaqi in their Sunans, from 'A'ishah (may Allah be pleased with her), who said:
The Apostle of Allaah (ﷺ) entered upon me and saw two silver rings in my hand. He asked What is this, Aishah? I said I have made two ornaments myself for you, Messenger of Allah (ﷺ). He asked Do you pay zakat on them? I said No or I said Whatever Allah willed. He said this is sufficient for you (to take you) to the Hell fire.
دخل علي رسول الله صلى الله عليه وسلم فرأى في يدي فتخات من ورق فقال: ما هذا يا عائشة ؟ فقلت: صنعتهن أتزين لك يا رسول الله، قال: أتؤدين زكاتهن؟ قلت: لا، أو ما شاء الله، قال: هو حسبك من النارshe was wearing gold ornaments and asked God’s messenger whether that was a treasure,* to which he replied, “Whatever reaches a quantity on which zakat is payable is not a treasure when the zakat is paid.”
كنت ألبس أوضاحًا من ذهب فقلت: يا رسول الله، أكنز هو؟ فقال: ما بلغ أن يؤدى زكاته فزكي فليس بكنزa thousand, and Abu 'Ubayd said in his book *Al-Amwal*: Isma'il ibn Ibrahim narrated to us from Ayyub from Nafi' from Ibn 'Umar that he used to marry off his daughters for ten thousand, and he would make their jewelry from that amount four thousand. He said: So they did not give anything from it, meaning zakah. And he said: Isma'il ibn Ibrahim narrated to us from Ayyub from 'Amr ibn Dinar who said: Jabir ibn 'Abd Allah was asked: Is there zakah in jewelry? He said: No. It was said: Even if it reaches ten thousand? He said: That is a lot. And they responded to the hadiths that explicitly state the obligation of zakah in it by saying that there is something in their chains that weakens their use as evidence. Ibn Hazm described them in *Al-Muhalla* as weak reports that have no basis for being concerned with. And al-Tirmidhi said, after narrating the hadith of 'Amr ibn Shu'ayb from his father from his grandfather: Nothing authentic in this chapter is narrated from the Prophet (peace and blessings be upon him). And Ibn Badr al-Mawsili said in his book *Al-Mughni 'an al-Hifz wa al-Kitab fi ma lam yasih fihi shay'in min al-ahadith fi al-bab*: Chapter on the zakah of jewelry. The author said: Nothing authentic in this chapter is narrated from the Prophet (peace and blessings be upon him). And it was reported from al-Shawkani in *Al-Sayl al-Jarrar* as a commentary on
the book al-Mughni 'an al-Hifz wa al-Kitab: "No authentic hadith has come regarding the zakah of jewelry." And some said: "Its zakah is its loan." The stronger of the two opinions is the opinion of those who said that zakah is obligatory in it, if it reaches the nisab, or if its owners have gold, silver, or trade goods that complete the nisab; because of the generality of the hadiths regarding the obligation of zakah in gold and silver, and there is no authentic specification in this matter as far as we know, and because of the hadiths of 'Abdullah ibn 'Amr ibn al-'As , 'A'ishah , and Umm Salama mentioned earlier, which are hadiths with good chains, having no significant defect, so it is obligatory to act upon them. As for the weakening of them by al-Tirmidhi , Ibn Hazm , and al-Mawsili , there is no reason for it as far as we know, knowing that al-Tirmidhi (may Allah have mercy on him) is excused for what he mentioned; because he narrated the hadith of 'Abdullah ibn 'Amr through a weak path, and it was narrated by Abu Dawud , al-Nasa'i , and Ibn Majah through another sound path, and perhaps al-Tirmidhi did not come across it. 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.