A man had his money frozen due to the events in Kuwait for one year, then received it back. Is zakah due on it?

The questioner : All right, regarding the issue of a man who had a sum of money. This money was frozen, approximately, in the events of Kuwait that occurred in the banks, so it remained for approximately one year. So this sum, before it came, before they lifted the siege on Kuwait, regarding the freezing of funds?
The student: Peace be upon you.

The Shaykh : And peace be upon you.

The questioner : And peace be upon you, and Allah's mercy and blessings. He was borrowing some amounts and giving them back. So after this year, meaning he obtained this money, which is his money. Is there zakah on this money, or what is the ruling on this money?

The Shaykh : Of course, if this money reached the nisab?

The questioner: Yes.

The Shaykh : And a lunar year passed over it?

The questioner: Yes.

The Shaykh : And even if years and lunar years passed over it and he did not pay the zakah for all these years, he must pay the zakah on the money for all these years, because this is the right of the poor and the needy. If he delayed paying it for each year for one reason or another, that does not drop the obligation of paying zakah on that money for each year in its respective year.

The questioner : He was borrowing some money and recovering it, because he did not possess this money, meaning this money was absent from him. So when this money came, approximately, it remains less than the nisab until he pays off the debts he has?

The Shaykh : If it is less than the nisab, there is no zakah on it, but...

The questioner: Yes.

The Shaykh : The issue is that when this money was frozen...

The questioner: Yes.

The Shaykh : Did it reach the nisab or not?

The questioner : It reached it, yes.

The Shaykh : All right, when he borrowed...

The questioner: Yes.

The Shaykh : When he borrowed this money, it is deducted from that money.

The questioner: Yes.

The Shaykh : So did it fall below the nisab?

The questioner : Yes, it falls below the nisab.

The Shaykh : It falls below the nisab.

The questioner : Ah, yes.

The Shaykh : In that case, there is no zakah when it fell below. But if a year or more had passed previously and the nisab was complete...

The questioner: Yes.

The Shaykh : Then it is obligatory to pay the zakah.

The questioner : All right, excuse me, we have a sum of money, meaning approximately the nisab. Let us say it is four hundred dinars. So one month before the lunar year completed, an additional hundred dinars were added. Does he pay zakah on the entire money, or...?

The Shaykh : It is added to the nisab, meaning let us imagine a picture larger than the one you described.

The questioner: Yes.

The Shaykh : He has the nisab, the nisab as you assumed, four hundred dinars.

The questioner: Yes.

The Shaykh : Near the end of the year.

The questioner: Yes.

The Shaykh : Before the completion of the lunar year, thousands came to him.

The questioner: Yes.

The Shaykh : He has four hundred dinars.

The questioner : Yes.

The Shaykh : So he pays on the four hundred dinars plus the thousands.

The questioner: Yes.

The Shaykh : The thousands that came to him before the end of the lunar year are added to the nisab, and he pays on the total amount of money he has.

The questioner : Meaning all of it.

The Shaykh : All of it.

The questioner : Meaning it is considered that he pays zakah on all of it.

The Shaykh : Yes, this is the stronger opinion in this issue, and there is another opinion that each nisab must have its own limit and calculation.

The questioner: Yes.

The Shaykh : But this, regarding merchants, is almost like imposing what is unbearable.

The questioner: Yes.

The Shaykh : Because some merchants may have several nisabs coming to them in a day, so they would have to record today so-and-so at such-and-such time the nisab was such-and-such, and so on. And therefore, what is most appropriate according to the principles of the Shari'ah on one hand, and most beneficial for the poor on the other hand, is the opinion we mentioned earlier.

The questioner : May Allah reward you.

The questioner : If the money went below the nisab, O Shaykh?

The Shaykh : How?

The questioner : If the money went, for example, a man has sheep, one month before the lunar year, he sold these sheep?

The Shaykh : That is it.

The questioner : Does it not count?

The Shaykh : Because it is required that the lunar year completes without the nisab decreasing?

The questioner : Yes.

The Shaykh : So if it decreased, the zakah is lifted.

The questioner : And every year, one month before the nisab, this goes away?

The Shaykh : Yes, but I do not mean scheming.

The questioner : Yes.

The Shaykh : If it goes away as a matter of forgetfulness, as they say, there is no zakah, but with the intention of not scheming.

The questioner : Yes.

The Shaykh : Meaning, as was said about some jurists that he would, one or two days before the end of the lunar year, give zakah to his wife as a gift, and he was permitted to reclaim the gift. So when the lunar year ended, he returned the money to himself, and thereby he got rid of the zakah. This is scheming, and scheming is the practice of the Jews, so it is not permissible for a Muslim to fall into it and imitate the Jews, especially in matters involving injustice to the poor and the needy. Yes.