The Stronger Position on the Issue of Zakah on Jewelry
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Question:
Some people are confused on this topic, Your Eminence, because some researchers say: there is no zakah on jewelry that is used?
Answer:
We have clarified this, but it is a matter of scholarly disagreement among the scholars. However, Allah (Exalted and Majestic is He) says in His great Book: [Al-Nisa:59]. We referred back to the great Book, so Allah (Exalted and Majestic is He) says: [Al-Baqarah:43]. This is general regarding wealth, whether gold or silver. And He says, Exalted is He: [At-Tawbah:34].
And the Prophet (peace and blessings be upon him) said:Musannaf Abd al-Razzaq 8:333 This is wealth that is called wealth, so if its zakah is not paid, it is a treasure. We also presented it to the Sunnah in the hadith of Abdullah ibn Amr, and we found in it that there is zakah on jewelry, and in the general hadiths regarding gold and silver, they encompass it; they encompass jewelry. And Allah says: [Ash-Shura:10]. This is the ruling of Allah regarding what has become apparent to those scholars who hold this opinion, and the stronger position is that there is zakah on it for these pieces of evidence. Yes.
The presenter : May Allah reward you with good. If one relies on the opinion of those [who say there is no zakah], does he sin for not paying zakah?
Answer : It depends on his ijtihad (independent legal reasoning). If he is a layperson, he must take hold of the truth he has heard and be reassured by it from the scholars. He should reflect, and if he is reassured by the scholar who issued the fatwa for him, he takes his word; because the layperson follows the one who issued the fatwa for him and takes the word of the scholar who issued the fatwa for him. And if he hears both opinions, he must be cautious with his religion and pay the zakah so that he is safe from liability. Both opinions regarding taking the zakah are based on taking the word of the Messenger (peace and blessings be upon him).
As for those who said there is no zakah, they have nothing except an analogy to working animals that work from camels or cows and do not graze, which are used for plowing... these do not have zakah because they are working animals, not... so they are not analogous to them.
So the result is that, as far as we know, they have in their hands only analogies, and they do not have in their hands any proof from the Messenger (peace and blessings be upon him) or from the great Book that there is no zakah on it. Yes, they have some statements of the Companions, but the statements of the Companions are not a proof if they contradict the explicit text. The explicit text takes precedence over the statements of the Companions and over those other than them. Yes.
The presenter : May Allah reward you with good. So, the most cautious thing for a person's religion is to pay zakah on jewelry?
The Shaykh : Yes.
The presenter : May Allah reward you with good. What is the ruling on jewelry, Your Eminence?
Answer : Jewelry is permissible for women, of gold and silver, indeed it is part of their adornment.
The presenter: I mean, what are the items that fall under the ruling, like jewelry for men, for example?
The Shaykh : For men, for example, if he has rings that he sells, or uses whatever he wants of them, and they reach the nisab (minimum threshold for zakah), he pays zakah on the silver, meaning if it reaches the nisab of silver. Or if he has a weapon containing gold, he pays zakah on the gold that reaches the nisab, if he has a weapon containing gold. Or other tools containing gold, such as vessels, or others, he is obligated to pay zakah on the gold. He is not allowed to use the vessels he bought; rather, he must break them so that he can benefit from their gold and silver; because the Messenger (peace and blessings be upon him) forbade the use of vessels made of gold and silver. Yes, (peace and blessings be upon him), yes.
The presenter : May Allah send blessings and peace upon him. May Allah reward you with good.
Some people are confused on this topic, Your Eminence, because some researchers say: there is no zakah on jewelry that is used?
Answer:
We have clarified this, but it is a matter of scholarly disagreement among the scholars. However, Allah (Exalted and Majestic is He) says in His great Book:
And if you disagree over anything, refer it to Allah and the Messenger, if you should believe in Allah and the Last Day. That is the best [way] and best in result.
فَإِنْ تَنَازَعْتُمْ فِي شَيْءٍ فَرُدُّوهُ إِلَى اللَّهِ وَالرَّسُولِ إِنْ كُنتُمْ تُؤْمِنُونَ بِاللَّهِ وَالْيَوْمِ الآخِرِ ذَلِكَ خَيْرٌ وَأَحْسَنُ تَأْوِيلًاAnd establish prayer and give zakah
وَأَقِيمُوا الصَّلاةَ وَآتُوا الزَّكَاةَAnd those who hoard gold and silver and spend it not in the way of Allah - give them tidings of a painful punishment.
وَالَّذِينَ يَكْنِزُونَ الذَّهَبَ وَالْفِضَّةََ وَلا يُنفِقُونَهَا فِي سَبِيلِ اللَّهِ فَبَشِّرْهُمْ بِعَذَابٍ أَلِيمٍAnd the Prophet (peace and blessings be upon him) said:
Every wealth whose zakah is not paid is a treasure.
كل مال لا يؤدى زكاته؛ فهو كنزAnd in anything over which you disagree - its ruling is [to be referred] to Allah.
وَمَا اخْتَلَفْتُمْ فِيهِ مِنْ شَيْءٍ فَحُكْمُهُ إِلَى اللَّهِThe presenter : May Allah reward you with good. If one relies on the opinion of those [who say there is no zakah], does he sin for not paying zakah?
Answer : It depends on his ijtihad (independent legal reasoning). If he is a layperson, he must take hold of the truth he has heard and be reassured by it from the scholars. He should reflect, and if he is reassured by the scholar who issued the fatwa for him, he takes his word; because the layperson follows the one who issued the fatwa for him and takes the word of the scholar who issued the fatwa for him. And if he hears both opinions, he must be cautious with his religion and pay the zakah so that he is safe from liability. Both opinions regarding taking the zakah are based on taking the word of the Messenger (peace and blessings be upon him).
As for those who said there is no zakah, they have nothing except an analogy to working animals that work from camels or cows and do not graze, which are used for plowing... these do not have zakah because they are working animals, not... so they are not analogous to them.
So the result is that, as far as we know, they have in their hands only analogies, and they do not have in their hands any proof from the Messenger (peace and blessings be upon him) or from the great Book that there is no zakah on it. Yes, they have some statements of the Companions, but the statements of the Companions are not a proof if they contradict the explicit text. The explicit text takes precedence over the statements of the Companions and over those other than them. Yes.
The presenter : May Allah reward you with good. So, the most cautious thing for a person's religion is to pay zakah on jewelry?
The Shaykh : Yes.
The presenter : May Allah reward you with good. What is the ruling on jewelry, Your Eminence?
Answer : Jewelry is permissible for women, of gold and silver, indeed it is part of their adornment.
The presenter: I mean, what are the items that fall under the ruling, like jewelry for men, for example?
The Shaykh : For men, for example, if he has rings that he sells, or uses whatever he wants of them, and they reach the nisab (minimum threshold for zakah), he pays zakah on the silver, meaning if it reaches the nisab of silver. Or if he has a weapon containing gold, he pays zakah on the gold that reaches the nisab, if he has a weapon containing gold. Or other tools containing gold, such as vessels, or others, he is obligated to pay zakah on the gold. He is not allowed to use the vessels he bought; rather, he must break them so that he can benefit from their gold and silver; because the Messenger (peace and blessings be upon him) forbade the use of vessels made of gold and silver. Yes, (peace and blessings be upon him), yes.
The presenter : May Allah send blessings and peace upon him. May Allah reward you with good.
Source
binbaz.org.sa
The Arabic text is copied verbatim from the original source, without any edits.