Is there zakah on used gold, and is it considered from the hoarded wealth? If there is zakah on it, we request that this be explained in detail.
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The questioner : Is there zakah on used gold? And is it considered from the hoarded wealth? If there is zakah on it, we request that this be explained in detail. May Allah reward you with good.
The Shaykh : Scholars have differed regarding the obligation of zakah on gold and silver jewelry if it is prepared for use. Some scholars said that there is no zakah on it, while others said that there is zakah on it. Among those who said there is zakah on it, some said that its zakah is in gold or silver, while others said that its zakah is like its use, meaning that it is used for benefit, so its zakah is benefit, and that is by lending it out.
The legal principle for every believer, which must be the foundation of the believer in his journey to Allah the Mighty and Majestic, his worship, and his dealings with the servants of Allah, is that the judge between scholars when they differ is the Book of Allah and the Sunnah of His Messenger (peace and blessings be upon him). If we refer this disagreement among scholars to the Book and the Sunnah, it becomes clear that the stronger opinion among these views is that zakah is obligatory on used jewelry of gold or silver. This is because the texts of the Book and the Sunnah regarding the obligation of zakah on gold and silver are general, and nothing has specified them except a hadith that is not authentic. Among these is the saying of Allah the Exalted:[At-Tawbah 9:34-35] The hoarding of gold and silver is the failure to purify them with zakah, because if they are purified with zakah, they are not hoarded, even if they are at the bottom of the earth. And if they are not purified with zakah, they are hoarded, even if they are on the back of a mountain or on the top of a mountain.
Among the proofs from the Sunnah is the hadith of Abu Hurayrah (may Allah be pleased with him) from the Messenger of Allah (peace and blessings be upon him), in which he said:Sahih Muslim 987a In another narration: Sahih Muslim 987a Amr ibn Shu'ayb narrated from his father from his grandfather that a woman came to the Messenger of Allah (peace and blessings be upon him) and on her daughter's hand were two thick bracelets of gold, meaning two thick bracelets. The Prophet (peace and blessings be upon him) said to her: She said: No. He said: Sunan Abi Dawud 1563Hasan (Al-Albani) 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" Al-Hafiz Ibn Hajar said in "Balagh al-Maram" "The three [books] narrated it and its chain is strong" This hadith is explicit in the point of dispute. The narration of Amr ibn Shu'ayb from his father from his grandfather is accepted by the reliable scholars of hadith, such as Imam Ahmad and Yahya ibn Ma'in and others, and no significant criticism has been brought against it. If the narrator after Amr ibn Shu'ayb is trustworthy, the hadith is authentic, and at the least it is good. If it is good and has a corroborating narration in the authentic collections, like the hadith of Abu Hurayrah that we mentioned, it is a proof without doubt. As for dropping the zakah on gold and silver jewelry by analogy to clothes and vessels and the like, it is an analogy against an explicit text, and an analogy against an explicit text is rejected and not acted upon. Furthermore, it is an analogy with a difference, because those who do not obligate zakah on gold and silver by analogy to clothes and the like say: If the jewelry were forbidden, zakah would be obligatory on it, even though they do not see zakah in forbidden clothes. And they say: If the jewelry were prepared for spending or for rent, zakah would be obligatory on it, even though they do not see zakah as obligatory on clothes and the like if a person saves them for spending or for rent. If this [jewelry] is not included with [clothes] in most issues, what makes it included with them in the issue of dropping zakah, while it is contrary to what the text indicated!
In any case, the stronger opinion in this issue is that zakah is obligatory on gold and silver jewelry, but on the condition that it reaches the nisab. The nisab in gold is twenty mithqals, and in silver is one hundred and forty mithqals. Knowing the mithqal is tied to the gold dealers. It has been said that it amounts to ten Saudi pounds of gold and five-eighths of a pound, and it has been said: eleven pounds and three-sevenths of a pound. This is in gold. As for silver, it has been said that it is fifty-six Saudi riyals of silver. But considering it by mithqals is more appropriate because it is known in every place. So the nisab of gold is twenty mithqals, and of silver is one hundred and forty mithqals. As for jewelry other than gold and silver, like diamonds and the like, and pearls, there is no zakah on it unless it is prepared for trade. Yes.
The questioner : May Allah bless you. The listener from Iraq, in her second question, says:
The Shaykh : Scholars have differed regarding the obligation of zakah on gold and silver jewelry if it is prepared for use. Some scholars said that there is no zakah on it, while others said that there is zakah on it. Among those who said there is zakah on it, some said that its zakah is in gold or silver, while others said that its zakah is like its use, meaning that it is used for benefit, so its zakah is benefit, and that is by lending it out.
The legal principle for every believer, which must be the foundation of the believer in his journey to Allah the Mighty and Majestic, his worship, and his dealings with the servants of Allah, is that the judge between scholars when they differ is the Book of Allah and the Sunnah of His Messenger (peace and blessings be upon him). If we refer this disagreement among scholars to the Book and the Sunnah, it becomes clear that the stronger opinion among these views is that zakah is obligatory on used jewelry of gold or silver. This is because the texts of the Book and the Sunnah regarding the obligation of zakah on gold and silver are general, and nothing has specified them except a hadith that is not authentic. Among these is 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. (35) The Day when it will be heated in the fire of Hell and seared therewith will be their foreheads, their flanks, and their backs, [it will be said], "This is what you hoarded for yourselves, so taste what you used to hoard."
وَالَّذِينَ يَكْنِزُونَ الذَّهَبَ وَالْفِضَّةَ وَلا يُنفِقُونَهَا فِي سَبِيلِ اللَّهِ فَبَشِّرْهُمْ بِعَذَابٍ أَلِيمٍ * يَوْمَ يُحْمَى عَلَيْهَا فِي نَارِ جَهَنَّمَ فَتُكْوَى بِهَا جِبَاهُهُمْ وَجُنُوبُهُمْ وَظُهُورُهُمْ هَذَا مَا كَنَزْتُمْ لِأَنفُسِكُمْ فَذُوقُوا مَا كُنتُمْ تَكْنِزُونَAmong the proofs from the Sunnah is the hadith of Abu Hurayrah (may Allah be pleased with him) from the Messenger of Allah (peace and blessings be upon him), in which he said:
If any owner of gold or silver does not pay what is due on him
ما من صاحب ذهب ولا فضة لا يؤدي منها حقهاIf any owner of gold or silver does not pay what is due on him, when the Day of Resurrection would come, plates of fire would be beaten out for him; these would then be heated in the fire of Hell and his sides, his forehead and his back would be cauterized with them. Whenever these cool down, (the process is) repeated during a day the extent of which would be fifty thousand years, until judgment is pronounced among servants, and he sees whether his path is to take him to Paradise or to Hell.
زكاتها إلا إذا كان يوم القيامة صفّحت له صفائح من نار وأحمي عليها في نار جهنم، فيكوى به جنبه وجبينه وظهره، كلما بردت أعيدت في يوم كان مقداره خمسين ألف سنة حتى يُقضى بين العباد، ثم يرى سبيله إما إلى الجنة وإما إلى النارDo you pay the zakat of this?
أتؤدين زكاة هذا؟Are you pleased that Allah may put two bangles of fire on your hands?
أيسرك أن يسوّرك الله بهما سوارين من نار؟In any case, the stronger opinion in this issue is that zakah is obligatory on gold and silver jewelry, but on the condition that it reaches the nisab. The nisab in gold is twenty mithqals, and in silver is one hundred and forty mithqals. Knowing the mithqal is tied to the gold dealers. It has been said that it amounts to ten Saudi pounds of gold and five-eighths of a pound, and it has been said: eleven pounds and three-sevenths of a pound. This is in gold. As for silver, it has been said that it is fifty-six Saudi riyals of silver. But considering it by mithqals is more appropriate because it is known in every place. So the nisab of gold is twenty mithqals, and of silver is one hundred and forty mithqals. As for jewelry other than gold and silver, like diamonds and the like, and pearls, there is no zakah on it unless it is prepared for trade. Yes.
The questioner : May Allah bless you. The listener from Iraq, in her second question, says: