Are new assets acquired by a person, other than his capital, subject to zakah, and does a new lunar year (hawl) begin for them?
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The questioner : Regarding zakah, if a person acquires new wealth from a source other than his capital, such as trade or the like, does he establish a new lunar year (hawl) for it? This is the question, and the other question is...
The Shaykh : Stick to the question, please. Regarding this question, there are two opinions among the scholars. The first is that if the minimum threshold (nisab) is reached in the first month of Ramadan, he is not obligated to pay zakah until the following month of the next year, or the second Ramadan. So if a second nisab is reached in Shawwal, he must pay in the second Shawwal, and so on. The second opinion is that this is not a condition; rather, the important thing is that the lunar year (hawl) completes for the first nisab. Then, when the time comes to pay the zakah for that first nisab at the end of the year, he pays the zakah on all the wealth available to him, all the wealth he has, even if it consists of multiple nisabs, most of which have not completed a lunar year. He adds them to the first nisab and pays the zakah on the total wealth accumulated with him. This opinion appears to be the practical one, and it is very difficult, especially for the wealthy, who may have a nisab or varying nisabs available to them every day or every month. This opinion is in accordance with the saying of Allah the Exalted:[Al-Baqarah 2:185] and His saying, Mighty and Majestic: [Al-Hajj 22:78] But if there is a way to organize the nisabs without any hardship, then the original principle is that zakah is not obligatory on wealth until the lunar year (hawl) completes. So if the merchant is in a position where he can count the nisabs, that is the original principle. Otherwise, he pays on all the wealth available to him, even if the lunar year has only completed for one nisab. This is the answer to that question.
The Shaykh : Stick to the question, please. Regarding this question, there are two opinions among the scholars. The first is that if the minimum threshold (nisab) is reached in the first month of Ramadan, he is not obligated to pay zakah until the following month of the next year, or the second Ramadan. So if a second nisab is reached in Shawwal, he must pay in the second Shawwal, and so on. The second opinion is that this is not a condition; rather, the important thing is that the lunar year (hawl) completes for the first nisab. Then, when the time comes to pay the zakah for that first nisab at the end of the year, he pays the zakah on all the wealth available to him, all the wealth he has, even if it consists of multiple nisabs, most of which have not completed a lunar year. He adds them to the first nisab and pays the zakah on the total wealth accumulated with him. This opinion appears to be the practical one, and it is very difficult, especially for the wealthy, who may have a nisab or varying nisabs available to them every day or every month. This opinion is in accordance with the saying of Allah the Exalted:
Allah intends for you ease and does not intend for you hardship
يريد الله بكم اليسر و لا يريد بكم العسرand has not placed upon you in the religion any difficulty
و ما جعل عليكم في الدين من حرج
Source
www.al-albany.com
The Arabic text is copied verbatim from the original source, without any edits.
