Is the more cautious or the easier option taken in the zakah of jewelry?
Machine translationRead the Arabic original
Question:
The questioner, Umm Uthman from Yemen, says in this question: Your Eminence, Shaykh! If the statements of the imams conflict on a certain issue, such as the disagreement among the imams regarding the zakah of jewelry, where some make the zakah of jewelry obligatory in all cases—whether worn, stored, used, or otherwise—and some make the zakah obligatory only on stored jewelry and not on what is used, which one should we follow, Your Eminence, the more cautious or the easier, or do we have a choice? Because some say: We must take the more cautious option to avoid doubt, and some people say: We take the easier option, because Allah wants ease for us and does not want hardship for us. Please guide us in light of this question, on which many people have differed, Your Eminence, Shaykh Abdul Aziz.
Answer:
In the name of Allah, the Most Gracious, the Most Merciful. Praise be to Allah, and may Allah send prayers and blessings upon the Messenger of Allah, and upon his family and his Companions, and upon those who follow his guidance. As for what follows:
This issue and its like, from the issues of disagreement among scholars, must be referred to the Book and the Sunnah, and the ruling must be based on evidence; because of the saying of Allah (Exalted and Majestic is He): [Al-Shura: 10] and because of His saying (peace and blessings be upon him) : [An-Nisa: 59].
Therefore, it is obligatory for the people of knowledge to refer disputed issues to the legal proofs. And if the person obligated by the ruling finds the matter obscure and the proofs are not clear to him, then he takes the more cautious option and the one farthest from doubt; because of his saying (peace and blessings be upon him):Sunan an-Nasa'i 5711Sahih (Darussalam) .. Bulugh al-Maram 16:32.
The layperson, who is one for whom the proofs are confusing, takes the more cautious option, which is leaving what is doubtful and purifying his religion; because of these two hadiths:Sunan an-Nasa'i 5711Sahih (Darussalam) and the second hadith: Bulugh al-Maram 16:32.
And the correct view in this issue—the issue of jewelry—is that there is zakah in it; because a text has come regarding it indicating the obligation of zakah in jewelry of gold and silver, whether it is used or not used, the ruling is the same; because he (peace and blessings be upon him) said to a woman who had some jewelry: She said: No. He said: Sunan Abi Dawud 1563Hasan (Al-Albani) So she threw them down and said: They are for Allah and His Messenger. So he informed her that if she does not pay the zakah, she is exposed to the Fire.
And Umm Salama said, and she had ornaments of gold: O Messenger of Allah! Is this stored wealth? He (peace and blessings be upon him) said:Sunan ad-Daraqutni 9:62 This indicates that jewelry is stored wealth if its zakah is not paid, and this is a reference to the saying of Allah (Exalted and Majestic is He): [At-Tawbah: 34].
The hadith indicates that it is stored wealth whose zakah must be paid. So jewelry that reaches the nisab of gold and silver, if its zakah is not paid, is stored wealth. This is the stronger of the scholars' opinions in this issue: that jewelry of gold and silver, whether it is bracelets, necklaces, or otherwise, if it reaches the nisab of eleven pounds, and it is pure gold; this has zakah in it, which is twenty mithqals, or if it is silver and reaches one hundred and forty mithqals, fifty-six silver riyals, meaning: silver other than paper currency, if it reaches the value of fifty-six of silver, this is the nisab of silver.
And the conclusion is: if gold and silver reach the nisab, then zakah is obligatory in it, even if it is jewelry that is worn. This is the stronger of the scholars' opinions. Yes.
The presenter: May Allah reward you with good, O Shaykh.
The questioner, Umm Uthman from Yemen, says in this question: Your Eminence, Shaykh! If the statements of the imams conflict on a certain issue, such as the disagreement among the imams regarding the zakah of jewelry, where some make the zakah of jewelry obligatory in all cases—whether worn, stored, used, or otherwise—and some make the zakah obligatory only on stored jewelry and not on what is used, which one should we follow, Your Eminence, the more cautious or the easier, or do we have a choice? Because some say: We must take the more cautious option to avoid doubt, and some people say: We take the easier option, because Allah wants ease for us and does not want hardship for us. Please guide us in light of this question, on which many people have differed, Your Eminence, Shaykh Abdul Aziz.
Answer:
In the name of Allah, the Most Gracious, the Most Merciful. Praise be to Allah, and may Allah send prayers and blessings upon the Messenger of Allah, and upon his family and his Companions, and upon those who follow his guidance. As for what follows:
This issue and its like, from the issues of disagreement among scholars, must be referred to the Book and the Sunnah, and the ruling must be based on evidence; because of the saying of Allah (Exalted and Majestic is He):
And in anything over which you disagree - its ruling is [to be referred] to Allah.
وَمَا اخْتَلَفْتُمْ فِيهِ مِنْ شَيْءٍ فَحُكْمُهُ إِلَى اللَّهِAnd 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 تَأْوِيلًاTherefore, it is obligatory for the people of knowledge to refer disputed issues to the legal proofs. And if the person obligated by the ruling finds the matter obscure and the proofs are not clear to him, then he takes the more cautious option and the one farthest from doubt; because of his saying (peace and blessings be upon him):
Leave that which makes you doubt for that which does not make you doubt.
دع ما يريبك إلى ما لا يريبكSo he, who saves himself from these doubtful things, saves his religion and his honor
من اتقى الشبهات؛ فقد استبرأ لدينه وعرضهThe layperson, who is one for whom the proofs are confusing, takes the more cautious option, which is leaving what is doubtful and purifying his religion; because of these two hadiths:
Leave that which makes you doubt for that which does not make you doubt.
دع ما يريبك إلى ما لا يريبكSo he, who saves himself from these doubtful things, saves his religion and his honor
من اتقى الشبهات؛ فقد استبرأ لدينه وعرضهAnd the correct view in this issue—the issue of jewelry—is that there is zakah in it; because a text has come regarding it indicating the obligation of zakah in jewelry of gold and silver, whether it is used or not used, the ruling is the same; because he (peace and blessings be upon him) said to a woman who had some jewelry:
Do you pay the zakat of this?
أتؤدين زكاة هذا؟Are you pleased that Allah may put two bangles of fire on your hands?
أيسرك أن يسورك الله بهما يوم القيامة سوارين من نار؟And Umm Salama said, and she had ornaments of gold: O Messenger of Allah! Is this stored wealth? He (peace and blessings be upon him) said:
What its zakah has not been paid is not stored wealth
ما أديت زكاته فليس بكنزO you who have believed, indeed many of the scholars and the monks devour the wealth of people unjustly and avert [them] from the way of Allah. And those who hoard gold and silver and spend it not in the way of Allah - give them tidings of a painful punishment.
يا أَيُّهَا الَّذِينَ آمَنُوا إِنَّ كَثِيرًا مِنَ الأَحْبَارِ وَالرُّهْبَانِ لَيَأْكُلُونَ أَمْوَالَ النَّاسِ بِالْبَاطِلِ وَيَصُدُّونَ عَنْ سَبِيلِ اللَّهِ وَالَّذِينَ يَكْنِزُونَ الذَّهَبَ وَالْفِضَّةَ وَلا يُنفِقُونَهَا فِي سَبِيلِ اللَّهِ فَبَشِّرْهُمْ بِعَذَابٍ أَلِيمٍThe hadith indicates that it is stored wealth whose zakah must be paid. So jewelry that reaches the nisab of gold and silver, if its zakah is not paid, is stored wealth. This is the stronger of the scholars' opinions in this issue: that jewelry of gold and silver, whether it is bracelets, necklaces, or otherwise, if it reaches the nisab of eleven pounds, and it is pure gold; this has zakah in it, which is twenty mithqals, or if it is silver and reaches one hundred and forty mithqals, fifty-six silver riyals, meaning: silver other than paper currency, if it reaches the value of fifty-six of silver, this is the nisab of silver.
And the conclusion is: if gold and silver reach the nisab, then zakah is obligatory in it, even if it is jewelry that is worn. This is the stronger of the scholars' opinions. Yes.
The presenter: May Allah reward you with good, O Shaykh.
Source
binbaz.org.sa
The Arabic text is copied verbatim from the original source, without any edits.