Causes of Scholarly Disagreement in Fatwas and the Ruling on Zakat of Jewelry
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Question:
Shaykh Abdulaziz! Many of our brothers listening to this program wish that there were no disagreement among scholars in fatwas. My sister also says in her letter: I heard on the program that there is no zakat on jewelry intended for adornment, and the mufti in that episode said: This is practiced in the Kingdom, and there is a book discussing the zakat of jewelry, citing authentic hadiths, athar, and the statements of scholars present. My question again: Is there zakat on jewelry intended for adornment, and what is your opinion of the book that discusses the zakat of jewelry? May Allah reward you with good.
Answer:
Disagreement is inevitable in some secondary issues, and it is not possible to be free from it. It existed in the time of the Companions (may Allah be pleased with them) and after them, due to differences in understanding and because evidence is hidden from some scholars. Therefore, some disagreement occurs; for some scholars may be informed of a hadith from the Messenger of Allah (peace and blessings be upon him) while another may not be, and likewise, one may understand a verse or hadith in a way another does not in some issues. Therefore, disagreements occur among scholars in some secondary issues.
As for beliefs and fundamental matters, praise be to Allah, there is no disagreement among scholars in them. Disagreements only occur in secondary issues where evidence may be hidden from some scholars, or where understanding may differ. So the student of knowledge, the questioner, and the beneficiary should seek to be careful and strive to clarify matters from scholars until his heart is reassured about what is in disagreement, and until he knows the correct view. Among these is the issue of dyeing hair with black, as mentioned in the previous question.
Among these is the issue of jewelry: is there zakat in it or not? A group of scholars said: There is no zakat in it because it is used, so it resembles camels that are used and cows that are used and not grazing; so there is no zakat in them. Others said: Rather, there is zakat in it because it falls under the general rule of gold and silver, in which Allah has obligated zakat; and because there is no evidence that specifically excludes jewelry from the obligation of zakat; and because there are hadiths indicating that there is zakat in jewelry, such as what Abu Dawud and al-Nasa'i narrated with a sound chain from Abdullah ibn Amr ibn al-As (may Allah be pleased with them both): that a woman came to the Prophet (peace and blessings be upon him) and her daughter had two thick gold bracelets on her hand—and in another narration: two thick gold rings—and he said: She said: No. He (peace and blessings be upon him) said: Sunan Abi Dawud 1563Hasan (Al-Albani); so she threw them away. She said: They are for Allah and His Messenger.
It is established from the hadith of Umm Salama (may Allah be pleased with her) that she used to wear gold ornaments, so she said: O Messenger of Allah! Is this a treasure? He (peace and blessings be upon him) said:, and he did not say: There is no zakat on it for you, and he did not say: There is no zakat in jewelry; so that indicates that it is obligatory to pay zakat on jewelry if it reaches the nisab. We have written a treatise on this in which we clarified the evidence, and some scholars have also written on it.
The point is: The correct view is that zakat is obligatory on jewelry of gold and silver if it reaches the nisab—and it is twenty mithqals—and its amount is eleven and three-sevenths of a Saudi riyal, eleven and three-sevenths, meaning: exactly, eleven and a half; because the fraction is slight between three-sevenths and a half, so the point is: if it reaches eleven and a half riyals, then there is zakat in the jewelry, and it is approximately eighty-two grams. If the jewelry is less than that, then there is no zakat in it, praise be to Allah.
The believer goes to what is more cautious for his religion and closer to his safety in everything, unless the evidence is clear that there is nothing in that thing, praise be to Allah. As long as there is doubt and disagreement, and what clears his conscience is not clear to the believer, he should be cautious and take the fatwa that contains safety and caution, and freedom from the obligation, and Allah is the guarantor of success. Yes.
The presenter: May Allah reward you with good.
Shaykh Abdulaziz! Many of our brothers listening to this program wish that there were no disagreement among scholars in fatwas. My sister also says in her letter: I heard on the program that there is no zakat on jewelry intended for adornment, and the mufti in that episode said: This is practiced in the Kingdom, and there is a book discussing the zakat of jewelry, citing authentic hadiths, athar, and the statements of scholars present. My question again: Is there zakat on jewelry intended for adornment, and what is your opinion of the book that discusses the zakat of jewelry? May Allah reward you with good.
Answer:
Disagreement is inevitable in some secondary issues, and it is not possible to be free from it. It existed in the time of the Companions (may Allah be pleased with them) and after them, due to differences in understanding and because evidence is hidden from some scholars. Therefore, some disagreement occurs; for some scholars may be informed of a hadith from the Messenger of Allah (peace and blessings be upon him) while another may not be, and likewise, one may understand a verse or hadith in a way another does not in some issues. Therefore, disagreements occur among scholars in some secondary issues.
As for beliefs and fundamental matters, praise be to Allah, there is no disagreement among scholars in them. Disagreements only occur in secondary issues where evidence may be hidden from some scholars, or where understanding may differ. So the student of knowledge, the questioner, and the beneficiary should seek to be careful and strive to clarify matters from scholars until his heart is reassured about what is in disagreement, and until he knows the correct view. Among these is the issue of dyeing hair with black, as mentioned in the previous question.
Among these is the issue of jewelry: is there zakat in it or not? A group of scholars said: There is no zakat in it because it is used, so it resembles camels that are used and cows that are used and not grazing; so there is no zakat in them. Others said: Rather, there is zakat in it because it falls under the general rule of gold and silver, in which Allah has obligated zakat; and because there is no evidence that specifically excludes jewelry from the obligation of zakat; and because there are hadiths indicating that there is zakat in jewelry, such as what Abu Dawud and al-Nasa'i narrated with a sound chain from Abdullah ibn Amr ibn al-As (may Allah be pleased with them both): that a woman came to the Prophet (peace and blessings be upon him) and her daughter had two thick gold bracelets on her hand—and in another narration: two thick gold rings—and he said:
Do you give the zakah of this?
أتعطين 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؟It is established from the hadith of Umm Salama (may Allah be pleased with her) that she used to wear gold ornaments, so she said: O Messenger of Allah! Is this a treasure? He (peace and blessings be upon him) said:
what reaches the amount to be paid zakat on, and is paid, is not a treasure
ما بلغ أن يزكى فزكي؛ فليس بكنزThe point is: The correct view is that zakat is obligatory on jewelry of gold and silver if it reaches the nisab—and it is twenty mithqals—and its amount is eleven and three-sevenths of a Saudi riyal, eleven and three-sevenths, meaning: exactly, eleven and a half; because the fraction is slight between three-sevenths and a half, so the point is: if it reaches eleven and a half riyals, then there is zakat in the jewelry, and it is approximately eighty-two grams. If the jewelry is less than that, then there is no zakat in it, praise be to Allah.
The believer goes to what is more cautious for his religion and closer to his safety in everything, unless the evidence is clear that there is nothing in that thing, praise be to Allah. As long as there is doubt and disagreement, and what clears his conscience is not clear to the believer, he should be cautious and take the fatwa that contains safety and caution, and freedom from the obligation, and Allah is the guarantor of success. Yes.
The presenter: May Allah reward you with good.
Source
binbaz.org.sa
The Arabic text is copied verbatim from the original source, without any edits.