The Shaykh Muhammad ibn Salih al-Uthaymeen said: "If it is asked: What is the answer to the evidence cited by those who deny the obligation of zakah, as transmitted by al-Athram, who said:
Machine translationRead the Arabic original
The questioner : If it is asked: What is the answer to the evidence cited by those who deny the obligation of zakah, as transmitted by al-Athram, who said: I heard Ahmad ibn Hanbal (may Allah have mercy on him) say: Five of the Companions did not consider zakah obligatory on jewelry: Anas ibn Malik, Jabir, Ibn Umar, Aishah, and Asma? The answer is: It is narrated from some of them that it is obligatory. And if we assume that they all held a single opinion, or that the later opinion among them was that it is not obligatory, then those Companions who disagreed with them contradicted them. In the event of disagreement, it is obligatory to return to the Book and the Sunnah, and in them there is what indicates the obligation, as mentioned previously.
If it is asked: It is established in the two Sahihs that the Prophet (peace and blessings be upon him) saidSahih Muslim 1000a and this is evidence for the non-obligation of zakah on jewelry, for if it were obligatory on jewelry, the Prophet (peace and blessings be upon him) would not have made it an example for voluntary charity. The answer to this is: The command to give charity from jewelry does not establish the obligation of zakah on it, nor does it negate it; rather, it is a command to give charity even from a person's necessities. The parallel to this is to say: Give charity even from the dirhams of your expenses and the maintenance of your dependents, for this does not indicate the non-obligation of zakah on these dirhams. If it is asked: In...
The Shaykh : Thus, as we mentioned previously at the beginning of the treatise, we will respond to the evidence of those who say it is not obligatory by objection, and then refute it. Here, those who say it is not obligatory cited as evidence that the Messenger of Allah (peace and blessings be upon him) saidJami` at-Tirmidhi 635Sahih (Darussalam) He made the commanded charity, which is voluntary, in jewelry an example. The answer, as you heard, is to say that the command to give charity from jewelry does not indicate the establishment of the obligation of zakah on jewelry, nor its negation. Just as if I said: Give charity even from the clothes you wear, give charity even from the dirhams of your expenses. This is a matter of exaggeration that you give charity even from necessities. So if I said: Give charity even from the dirhams of your expenses, does that mean that zakah is not obligatory on the dirhams?
The questioner : No.
The Shaykh : No, because the obligation of zakah on them is from another angle. Likewise, this jewelry: the obligation of zakah on it is from another angle, not this evidence. So this evidence does not indicate negation or affirmation; it only indicates charity and encouragement to it, even in what a person needs. Yes, yes?
The questioner : ... .
The Shaykh : Again, it is necessary, because you know that when scholars differ, each one answers with the evidence he has. So it is necessary that we answer these evidences.
The questioner : ... .
The Shaykh : Yes.
The questioner : ... .
The Shaykh : If they differ, without doubt, if the Companions differ, each has his own independent legal reasoning, and the Sunnah judges between them all. But it is necessary for us, as we have said repeatedly, that when a person prefers one opinion over another, two things are necessary: first, establishing the evidence for the preference, and second, answering the other opinion. The evidence of the other opinion cannot be left hanging; it is necessary to answer it. Yes.
The questioner : ... .
The Shaykh : An example, because he said meaning even things that fall under necessity, give charity from them. Yes, yes, like a small amount or exaggeration.
The questioner : ... .
The Shaykh : No, there is zakah in it. Yes, yes, even from dirhams, from the dirhams of your expenses. A person has, for example, dirhams he sets aside for expenses. He has, for example, a thousand riyals from which he takes expenses. From the dirhams of expenses means from the dirhams he set aside for expenses. Yes.
If it is asked: It is established in the two Sahihs that the Prophet (peace and blessings be upon him) said
0 women, give sadaqa even though it be some of your jewellery
تصدقن يا معشر النساء ولو من حليكنThe Shaykh : Thus, as we mentioned previously at the beginning of the treatise, we will respond to the evidence of those who say it is not obligatory by objection, and then refute it. Here, those who say it is not obligatory cited as evidence that the Messenger of Allah (peace and blessings be upon him) said
Give charity, even if it is from your jewelry
تصدقن ولو من حليكنThe questioner : No.
The Shaykh : No, because the obligation of zakah on them is from another angle. Likewise, this jewelry: the obligation of zakah on it is from another angle, not this evidence. So this evidence does not indicate negation or affirmation; it only indicates charity and encouragement to it, even in what a person needs. Yes, yes?
The questioner : ... .
The Shaykh : Again, it is necessary, because you know that when scholars differ, each one answers with the evidence he has. So it is necessary that we answer these evidences.
The questioner : ... .
The Shaykh : Yes.
The questioner : ... .
The Shaykh : If they differ, without doubt, if the Companions differ, each has his own independent legal reasoning, and the Sunnah judges between them all. But it is necessary for us, as we have said repeatedly, that when a person prefers one opinion over another, two things are necessary: first, establishing the evidence for the preference, and second, answering the other opinion. The evidence of the other opinion cannot be left hanging; it is necessary to answer it. Yes.
The questioner : ... .
The Shaykh : An example, because he said
Even from your jewelry
ولو من حليكنThe questioner : ... .
The Shaykh : No, there is zakah in it. Yes, yes, even from dirhams, from the dirhams of your expenses. A person has, for example, dirhams he sets aside for expenses. He has, for example, a thousand riyals from which he takes expenses. From the dirhams of expenses means from the dirhams he set aside for expenses. Yes.