The land prepared for trade, whose owner did not pay its zakah for several years based on a fatwa that there is no zakah on land, so what should he do now?
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The questioner : May Allah reward you with good, O honorable Shaykh. Regarding the zakah on land, a man bought a piece of land and did not pay its zakah for three or four years. After buying it, he submitted it to the municipality to have it divided into several plots. The process took four or five years and has not yet been completed. Is he obligated to pay the zakah for the previous period, or does he pay it once at the time of sale?
The Shaykh : Is it for trade in any case?
The questioner : He bought it for trade, but he believed, based on the fatwa of some scholars, that there is no zakah on land.
The Shaykh : Yes
The questioner : Then the period for completing the transaction of this land was prolonged, and he is unable, meaning, to sell it in separate plots until the process is finished.
The Shaykh : And he cannot sell it all at once.
The questioner : No, he can sell it as a single plot, but the partners had bought the land to divide it into several plots.
The Shaykh : Meaning, it transferred out of his ownership.
The questioner : No, it is still in his ownership.
The Shaykh : But you said partners.
The questioner : The partners, meaning, they registered it in the name of one person.
The Shaykh : And they are partners.
The questioner : One of the partners.
The Shaykh : And they are partners.
The questioner : Yes
The Shaykh : First, may Allah bless you. If he consulted a scholar who said there is no zakah on it, and this person is a pillar in knowledge and religion, then there is no zakah on him, because Allah said:[An-Nahl 16:43] But if he believed that zakah is obligatory, then he owes the zakah, except for the years in which he was prevented from disposing of it, for which he owes no zakah, because this is similar to debts owed by those who are not wealthy. However, the stronger position, as you know, is that there is zakah on goods held for trade. Yes.
The Shaykh : Is it for trade in any case?
The questioner : He bought it for trade, but he believed, based on the fatwa of some scholars, that there is no zakah on land.
The Shaykh : Yes
The questioner : Then the period for completing the transaction of this land was prolonged, and he is unable, meaning, to sell it in separate plots until the process is finished.
The Shaykh : And he cannot sell it all at once.
The questioner : No, he can sell it as a single plot, but the partners had bought the land to divide it into several plots.
The Shaykh : Meaning, it transferred out of his ownership.
The questioner : No, it is still in his ownership.
The Shaykh : But you said partners.
The questioner : The partners, meaning, they registered it in the name of one person.
The Shaykh : And they are partners.
The questioner : One of the partners.
The Shaykh : And they are partners.
The questioner : Yes
The Shaykh : First, may Allah bless you. If he consulted a scholar who said there is no zakah on it, and this person is a pillar in knowledge and religion, then there is no zakah on him, because Allah said: