The Shaykh Muhammad ibn Salih al-Uthaymeen said: "If it is said
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The questioner : If it is said: What is the difference between permissible jewelry and permissible clothing, if we say that zakah is obligatory in the former but not in the latter? The answer is that the Lawgiver distinguished between them by making it obligatory in gold and silver without exception, and indeed specific texts were revealed regarding its obligation in permissible jewelry that is used, as mentioned previously. As for clothing, it is in the position of a horse and a servant, about whom the Messenger of Allah (peace and blessings be upon him) said Sahih Muslim 982a So if the clothing is for wearing, there is no zakah in it, and if it is for trade, there is the zakah of trade. If it is said: Is it valid to analogize...
The Shaykh : Okay, is this clear? I mean, some of those who say it is not obligatory said, "This is like clothing; it is among the necessities of a person, he wears it and needs it." So we say, we must answer this statement with what? With distinguishing. We say, the Lawgiver made zakah obligatory in jewelry, and did not make it obligatory in clothing. This is the difference. Yes, if the original ruling for gold and silver were non-obligation, we would say there is no zakah in jewelry, just as we say the original ruling for clothing is non-obligation. So this is an analogy with a difference. Yes, yes.
The questioner : If it is said: Is it valid to analogize permissible jewelry prepared for use to permissible clothing prepared for use, as those who do not obligate zakah in jewelry have said? The answer is no...
The Shaykh : Before we move past the first point, which is that when the Lawgiver distinguishes between two things, we do not ask about the wisdom between them, because if there were no difference between them, He would not have distinguished between them. This is like the matters of divine decree; if they come contrary to the Sunnah of Allah (Mighty and Majestic), they are not asked about, and it is not said, "Why?" Therefore, when Zakariyya said[Ali 'Imran 3:40] meaning, "One like me does not have a child born to him," what did Allah say to him? [Ali 'Imran 3:40] Submit to the cosmic laws, and likewise to the legislative laws. And when it was said to Aisha, "Why does the menstruating woman make up the fast but not the prayer?" she said Mishkat al-Masabih 2032.
So if the Lawgiver distinguishes between two things, it is not our right to argue and say, "Why is it like this here and like this there?" Because Allah does what He wills in creation and decree, and He rules as He wills in legislation and management. Yes.
No Sadaqa is due from a Muslim on his slave or horse.
ليس على المسلم في عبده ولا فرسه صدقةThe Shaykh : Okay, is this clear? I mean, some of those who say it is not obligatory said, "This is like clothing; it is among the necessities of a person, he wears it and needs it." So we say, we must answer this statement with what? With distinguishing. We say, the Lawgiver made zakah obligatory in jewelry, and did not make it obligatory in clothing. This is the difference. Yes, if the original ruling for gold and silver were non-obligation, we would say there is no zakah in jewelry, just as we say the original ruling for clothing is non-obligation. So this is an analogy with a difference. Yes, yes.
The questioner : If it is said: Is it valid to analogize permissible jewelry prepared for use to permissible clothing prepared for use, as those who do not obligate zakah in jewelry have said? The answer is no...
The Shaykh : Before we move past the first point, which is that when the Lawgiver distinguishes between two things, we do not ask about the wisdom between them, because if there were no difference between them, He would not have distinguished between them. This is like the matters of divine decree; if they come contrary to the Sunnah of Allah (Mighty and Majestic), they are not asked about, and it is not said, "Why?" Therefore, when Zakariyya said
My Lord, how will I have a boy when I have reached old age and my wife is barren?
رب أنى يكون لي غلام وقد بلغني الكبر وامرأتي عاقرSuch is Allah; He does what He wills."
قال كذلك الله يفعل ما يشاءThat happened to us, and we were ordered to make up for the fast, but were not ordered to make up for the prayer.
كان يُصيبنا ذلك فنؤمر بقضاء الصوم ولا نؤمر بقضاء الصلاةSo if the Lawgiver distinguishes between two things, it is not our right to argue and say, "Why is it like this here and like this there?" Because Allah does what He wills in creation and decree, and He rules as He wills in legislation and management. Yes.
