I bought a piece of land ten years ago for construction, but I wanted to trade in it so that my turn would come for it in the real estate bank.
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The questioner : He says: I bought a piece of land ten years ago for construction, but I wanted to trade in it so that my turn would come for it in the real estate bank. However, I have not sold it to this day, as I changed my mind about selling it. Is zakah due on this land before I changed my mind about selling it, given that it has been more than ten years? Please advise us, may Allah reward you with good.
The Shaykh : This depends on the intention. If a person intended to make a profit from this land, then zakah is due on it, because it becomes a trade. But if he did not intend to make a profit, and instead intended to build on it to rent it out or live in it, or intended to preserve his money in this land without seeking profit, then he owes nothing; no zakah is due on it. Likewise, if he intended to make a profit and then, after two or three years passed, he changed his mind and wanted to keep it, then zakah is obligatory on him for the years during which he intended it for profit, and it is dropped from him from the time he changed that intention.
The questioner : He says:The questioner : May Allah preserve you, esteemed Shaykh. Peace be upon you and Allah’s mercy and blessings. Is there zakah on the date palms in houses and courtyards that are prepared for eating and not for trade? And what is its amount? And how is it calculated?
The Shaykh : As for the date palms in houses, if they are few and do not reach the nisab, then there is no zakah on them. But if they are many and reach the nisab, as is found in some rest houses or some large courtyards, then he must pay zakah on them, whether he intends them for eating or for selling, because zakah is obligatory on fruits in all cases. The Prophet (peace and blessings be upon him) said:Sahih Ibn Khuzaymah 6:64 And he said: Sahih Muslim 979a So here, the question is: if they reach the nisab, then there is zakah on them; otherwise, there is none. If he exercises caution and pays the zakah absolutely, in case he is unsure whether they reach the nisab or not, that is better. But what is the amount? The amount of zakah, if the water reaches the person without a cost, is the full tenth, because this water does not cost the person anything, so it is like what is watered by the sky, and the tenth is ten percent. And if the water reaches him for a fee, then it is half the tenth, meaning: five percent. Yes.
The Shaykh : This depends on the intention. If a person intended to make a profit from this land, then zakah is due on it, because it becomes a trade. But if he did not intend to make a profit, and instead intended to build on it to rent it out or live in it, or intended to preserve his money in this land without seeking profit, then he owes nothing; no zakah is due on it. Likewise, if he intended to make a profit and then, after two or three years passed, he changed his mind and wanted to keep it, then zakah is obligatory on him for the years during which he intended it for profit, and it is dropped from him from the time he changed that intention.
The questioner : He says:The questioner : May Allah preserve you, esteemed Shaykh. Peace be upon you and Allah’s mercy and blessings. Is there zakah on the date palms in houses and courtyards that are prepared for eating and not for trade? And what is its amount? And how is it calculated?
The Shaykh : As for the date palms in houses, if they are few and do not reach the nisab, then there is no zakah on them. But if they are many and reach the nisab, as is found in some rest houses or some large courtyards, then he must pay zakah on them, whether he intends them for eating or for selling, because zakah is obligatory on fruits in all cases. The Prophet (peace and blessings be upon him) said: