If one owns trade goods through inheritance and then intends them for trade, is zakah due on them?
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The questioner : ... .
The Shaykh : Like what? Yes.
The questioner : ... .
The Shaykh : The question says: If we say that he acquired them through his own action or through something other than his action, that he acquired them as trade goods and then intended them for trade, the author states that zakah is not obligatory on them. He says this is because the intention for what is subject to zakah must be coupled with the act of acquisition. If he acquired them without the intention of trade, they fall under his statement:Sahih Muslim 982a and mere intention has no effect. This is the author's view, but the correct view is that it does have an effect.
The questioner : ... .
The Shaykh : Yes?
The questioner : ... .
The Shaykh : Even if he acquired them by force, according to the school of thought, there is no zakah on them because it was not by his choice.
The Shaykh : Like what? Yes.
The questioner : ... .
The Shaykh : The question says: If we say that he acquired them through his own action or through something other than his action, that he acquired them as trade goods and then intended them for trade, the author states that zakah is not obligatory on them. He says this is because the intention for what is subject to zakah must be coupled with the act of acquisition. If he acquired them without the intention of trade, they fall under his statement:
No Sadaqa is due from a Muslim on his slave or horse.
ليس على المسلم في عبده ولا فرسه صدقةThe questioner : ... .
The Shaykh : Yes?
The questioner : ... .
The Shaykh : Even if he acquired them by force, according to the school of thought, there is no zakah on them because it was not by his choice.