What is the ruling on the zakah of jewelry?
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The questioner : Regarding the zakah of jewelry, for example, if a person has more than one daughter and they have gold, is the condition that the total value of the jewelry they have reaches the nisab, or is the condition that each one individually reaches the nisab?
The Shaykh : Do you mean a daughter who has not reached puberty?
The questioner : One who has not reached puberty.
The Shaykh : Do not patch up the issue,
The questioner : One who has not reached puberty, the one who has not reached puberty,
The Shaykh : You mean one who has not reached puberty. Fine. She is not subject to any burden or obligation, so we move on to the one who has reached puberty. In that case, it is not permissible to combine the values of these pieces of jewelry, because every person, as Allah the Exalted said in the Qur'an:[Al-Muddaththir 74:38].
CompanionThe Shaykh : Shaykh, I am going to go see the doctor.
The Shaykh : May Allah reward you with good,[Al-Muddaththir 74:38] Peace be upon you.
The questioner : And upon you be peace
The Shaykh : How are you? I am well.
The questioner : Praise be to Allah.
The Shaykh : The point is that every person who is accountable is accountable for himself individually, as Allah the Exalted said:[An-Najm 53:39]. So if there are adult daughters in the house, and each one has jewelry that belongs specifically to her, then it is not permissible to mix the jewelry of all these girls together; rather, each one of them has her own separate calculation. If, for example, Fatimah's jewelry reaches the nisab, she pays the zakah.
The questioner : Her father pays the zakah.
The Shaykh : No, no, we are speaking about the person who is accountable.
The questioner : She has no expenses, meaning she may not have an income to rely on, so she relies on her father!
The Shaykh : That is another issue. I wanted to clarify what follows, so I said if Fatimah's jewelry reaches the nisab and a lunar year has passed over it, she owes the zakah. That is another issue. Whether she has liquidity or not is a separate matter. For example, if her sister Aishah's jewelry also reaches the nisab, she is like her sister. But let us suppose now that Fatimah has half the nisab, and Aishah has one and a half nisabs. They are not combined, and she does not pay from her nisab. Is that clear? Fine. If the issue is now clear, you will not find the problem you raised at the end of your speech. We say that if one of them does not have liquidity, that is a matter to be managed. In the best case, her father, mother, or brother, etc., helps her. The important thing is that she pays the zakah on this wealth. So if we suppose, in the narrowest of circumstances, that no one around her pays the zakah on her behalf, then she must pay it from the jewelry itself, even if it falls below the nisab, for that is better for her and more lasting. Is that clear? Fine.
The questioner : Shaykh, may Allah bless you, is reaching the age of maturity a condition for zakah?
The Shaykh : Yes, no act of worship is required of a person until he reaches the age of maturity, as I said, due to his saying (peace and blessings be upon him):Sunan Abi Dawud 4402. Therefore, the jurists differed regarding the guardian of an orphan who has not reached the age of maturity: is he obligated to pay the zakah on the orphan's wealth if it reaches the nisab, or not? There are two opinions: one is what you heard just now, and the other is that it is obligatory for the guardian of the orphan to pay the zakah on the orphan's wealth, because there is a hadith narrated by al-Tirmidhi and others: Musannaf Abd al-Razzaq 8:191, but the hadith is weak, and you have spoken well.
The questioner : I have one more question: does zakah relate to the item itself or to the liability?
The Shaykh : To the item itself.
The questioner : Is it a right on the item or a right on the liability?
The Shaykh : A right on the item.
The questioner : So it has no relation to the age?
The Shaykh : As long as it is a right on the item, it has no relation to the age.
The Shaykh : But the right on the item is in the sense that the poor person benefits from it, whereas the obligation has already been answered.
The questioner : May Allah reward you with good.
The Shaykh : And beware of that.
The Shaykh : I felt that, which is why I hinted at it to you.
The questioner : And if he has a shop of intoxicants, and he is the guardian of this shop, and the Messenger (peace and blessings be upon him) ordered that this shop be emptied, does that not indicate that the guardian should pay the zakah on his behalf?
The Shaykh : What does he have?
The questioner : The one who has a shop. A shop.
The Shaykh : What is a shop?
The questioner : I mean a place, a factory of intoxicants. When the Messenger (peace and blessings be upon him) ordered that it be emptied, he said this was for orphans, and said: Empty it.
The Shaykh : Empty it, not spill it.
The questioner : Does that not indicate that the guardian of this child, for example, or his agent,
The Shaykh : This has no relation to that. Its relation is that it is not permissible to benefit from what Allah has forbidden. Do you understand how? Because the question was: Do you understand? So he prevented him from benefiting from it for the sake of the orphans, and the hadith has no relation to zakah. Is that clear?
The questioner : Yes, it is clear.
The questioner : We are sorry, we did not know your name.
The Shaykh : My name is Muhammad Nasser al-Din al-Albani.
The questioner : There is no god but Allah.
The Shaykh : There is no god but Allah.
The questioner : How are you? May Allah welcome you.
The Shaykh : May Allah bless you, how are you?
The questioner : Praise be to Allah, we knew you from your writings, but we did not know you personally until today.
The Shaykh : We ask Allah to gather us upon guidance and piety, and upon the Sunnah of the Chosen One.
The questioner : O Allah, amen.
The Shaykh : Do you mean a daughter who has not reached puberty?
The questioner : One who has not reached puberty.
The Shaykh : Do not patch up the issue,
The questioner : One who has not reached puberty, the one who has not reached puberty,
The Shaykh : You mean one who has not reached puberty. Fine. She is not subject to any burden or obligation, so we move on to the one who has reached puberty. In that case, it is not permissible to combine the values of these pieces of jewelry, because every person, as Allah the Exalted said in the Qur'an:
Every soul, for what it has earned, will be retained
كل نفس بما كسبت رهينةCompanionThe Shaykh : Shaykh, I am going to go see the doctor.
The Shaykh : May Allah reward you with good,
Every soul, for what it has earned, will be retained
كل نفس بما كسبت رهينةThe questioner : And upon you be peace
The Shaykh : How are you? I am well.
The questioner : Praise be to Allah.
The Shaykh : The point is that every person who is accountable is accountable for himself individually, as Allah the Exalted said:
And that there is not for man except that [good] for which he strives
وأن ليس للإنسان إلا ما سعىThe questioner : Her father pays the zakah.
The Shaykh : No, no, we are speaking about the person who is accountable.
The questioner : She has no expenses, meaning she may not have an income to rely on, so she relies on her father!
The Shaykh : That is another issue. I wanted to clarify what follows, so I said if Fatimah's jewelry reaches the nisab and a lunar year has passed over it, she owes the zakah. That is another issue. Whether she has liquidity or not is a separate matter. For example, if her sister Aishah's jewelry also reaches the nisab, she is like her sister. But let us suppose now that Fatimah has half the nisab, and Aishah has one and a half nisabs. They are not combined, and she does not pay from her nisab. Is that clear? Fine. If the issue is now clear, you will not find the problem you raised at the end of your speech. We say that if one of them does not have liquidity, that is a matter to be managed. In the best case, her father, mother, or brother, etc., helps her. The important thing is that she pays the zakah on this wealth. So if we suppose, in the narrowest of circumstances, that no one around her pays the zakah on her behalf, then she must pay it from the jewelry itself, even if it falls below the nisab, for that is better for her and more lasting. Is that clear? Fine.
The questioner : Shaykh, may Allah bless you, is reaching the age of maturity a condition for zakah?
The Shaykh : Yes, no act of worship is required of a person until he reaches the age of maturity, as I said, due to his saying (peace and blessings be upon him):
There are three (people) whose actions are not recorded: A boy till he reaches puberty, a sleeper till he awakes, a lunatic till he is restored to reason.
رفع القلم عن ثلاثة : عن الصبي حتى ييلغ ، وعن النائم حتى يستيقظ، وعن المجنون حتى يفيقTrade in the wealth of orphans before zakah consumes it.
اتجروا في أموال اليتامى قبل أن تأكلها الزكاةThe questioner : I have one more question: does zakah relate to the item itself or to the liability?
The Shaykh : To the item itself.
The questioner : Is it a right on the item or a right on the liability?
The Shaykh : A right on the item.
The questioner : So it has no relation to the age?
The Shaykh : As long as it is a right on the item, it has no relation to the age.
The Shaykh : But the right on the item is in the sense that the poor person benefits from it, whereas the obligation has already been answered.
The questioner : May Allah reward you with good.
The Shaykh : And beware of that.
The Shaykh : I felt that, which is why I hinted at it to you.
The questioner : And if he has a shop of intoxicants, and he is the guardian of this shop, and the Messenger (peace and blessings be upon him) ordered that this shop be emptied, does that not indicate that the guardian should pay the zakah on his behalf?
The Shaykh : What does he have?
The questioner : The one who has a shop. A shop.
The Shaykh : What is a shop?
The questioner : I mean a place, a factory of intoxicants. When the Messenger (peace and blessings be upon him) ordered that it be emptied, he said this was for orphans, and said: Empty it.
The Shaykh : Empty it, not spill it.
The questioner : Does that not indicate that the guardian of this child, for example, or his agent,
The Shaykh : This has no relation to that. Its relation is that it is not permissible to benefit from what Allah has forbidden. Do you understand how? Because the question was:
I have orphans and they have a sack of intoxicants. Should I sell it? Should I sell it? Should I sell it? He said: No, but empty it.
لي إيتام ولهم زقاق من الخمر أفأبيعها أفأبيعها أفأبيعها قال : لا , بل اهرقهاThe questioner : Yes, it is clear.
The questioner : We are sorry, we did not know your name.
The Shaykh : My name is Muhammad Nasser al-Din al-Albani.
The questioner : There is no god but Allah.
The Shaykh : There is no god but Allah.
The questioner : How are you? May Allah welcome you.
The Shaykh : May Allah bless you, how are you?
The questioner : Praise be to Allah, we knew you from your writings, but we did not know you personally until today.
The Shaykh : We ask Allah to gather us upon guidance and piety, and upon the Sunnah of the Chosen One.
The questioner : O Allah, amen.
Source
www.al-albany.com
The Arabic text is copied verbatim from the original source, without any edits.