The questioner says: She is a woman whose husband has passed away, and she has three children and gold jewelry valued at approximately fifteen thousand riyals.
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The questioner : This questioner, S.M.H., mentions in her question that she is a woman whose husband has passed away, and she has three children and gold jewelry valued at approximately fifteen thousand riyals. She has three questions or three points. The first point: How much zakah is due on it in Saudi currency? The second point: Should she pay it for the years that have passed while it was in her possession, which is four years? The third and final point: Is it permissible for her to spend the zakah of that jewelry on her orphaned children?
The Shaykh : As for the first point, the stronger opinion among the scholars is that zakah on jewelry is obligatory if it reaches the nisab.
The questioner : Yes.
The Shaykh : Since the questioner states that its value is fifteen thousand Saudi riyals, it has reached the nisab.
The questioner : Yes.
The Shaykh : Therefore, a quarter of a tenth is obligatory on it. Its value should be estimated in terms of its used equivalent, and then a quarter of a tenth should be paid from it. If we estimate that it is worth twenty thousand, its tenth is two thousand, and a quarter of a tenth is five hundred.
As for the second point, which is whether she is obligated to pay zakah for the years that have passed.
The questioner : Yes.
The Shaykh : The answer to this is: If she believed that zakah was obligatory from four years ago.
The questioner : Yes.
The Shaykh : Then she is obligated to pay the zakah for these four years, because delaying its payment is considered negligence on her part. So she must repent to Allah and pay the zakah for the past years.
And if she did not believe that zakah was obligatory, either because she did not know or because she hesitated due to the disagreement among scholars on the matter, and then it became clear to her that zakah is obligatory, then she is obligated to pay zakah from the year in which she believed that zakah on jewelry was obligatory.
As for the third point, which is giving the zakah to these orphans, it is not permissible for her to give them zakah from it, because she is obligated to provide for their maintenance, and it is not permissible for her to use zakah to fulfill an obligation that is required of her. Yes.
The questioner : May Allah bless you.
The Shaykh : As for the first point, the stronger opinion among the scholars is that zakah on jewelry is obligatory if it reaches the nisab.
The questioner : Yes.
The Shaykh : Since the questioner states that its value is fifteen thousand Saudi riyals, it has reached the nisab.
The questioner : Yes.
The Shaykh : Therefore, a quarter of a tenth is obligatory on it. Its value should be estimated in terms of its used equivalent, and then a quarter of a tenth should be paid from it. If we estimate that it is worth twenty thousand, its tenth is two thousand, and a quarter of a tenth is five hundred.
As for the second point, which is whether she is obligated to pay zakah for the years that have passed.
The questioner : Yes.
The Shaykh : The answer to this is: If she believed that zakah was obligatory from four years ago.
The questioner : Yes.
The Shaykh : Then she is obligated to pay the zakah for these four years, because delaying its payment is considered negligence on her part. So she must repent to Allah and pay the zakah for the past years.
And if she did not believe that zakah was obligatory, either because she did not know or because she hesitated due to the disagreement among scholars on the matter, and then it became clear to her that zakah is obligatory, then she is obligated to pay zakah from the year in which she believed that zakah on jewelry was obligatory.
As for the third point, which is giving the zakah to these orphans, it is not permissible for her to give them zakah from it, because she is obligated to provide for their maintenance, and it is not permissible for her to use zakah to fulfill an obligation that is required of her. Yes.
The questioner : May Allah bless you.