The Ruling on Selling Gold and Giving It as a Gift When One Knows That Zakah Is Obligatory on It

Question:
The questioner says, among her questions: "I did not know that gold—specifically, gold for adornment—required zakah. But when I learned of this, I decided to sell a portion of this gold and give the rest to my young daughter. Is this action of mine forbidden or not?"

Answer:
Once you have learned the truth, which is that gold requires zakah even if it is jewelry, you must pay it. Some scholars hold that there is no zakah on it because it is in use, but the stronger position is that it requires zakah if it reaches the nisab. If you pay the zakah after learning this, that is what is obligatory. If you have not paid the zakah after learning of it, you must pay the zakah for the years that have passed since you learned about the zakah and did not pay it. Giving it to your daughter does not exempt you from the zakah. You owe the zakah for the years in which you knew it was obligatory on you and did not pay it.
As for giving it to your daughter, this requires detail: If she is the only one you have, there is no harm. If there are other daughters or sons, it is not permissible for you to do so until you equalize among them by dividing it between them. This is because the Messenger of Allah (peace and blessings be upon him) said: Therefore, you may not single out the young daughter or any other child if she has sisters or brothers, unless they are mature, guided individuals who consent. If they consent, there is no harm. Otherwise, it is obligatory to equalize, where the share of a male is equivalent to the share of two females. Alternatively, make it a loan. If you have her wear it on some occasions, make it a loan. If you adorn her with it when taking her to someone’s house, or during a wedding, or similar occasions, treat it as a loan. It is your property, and you must not give her something that her sisters and brothers do not have. Yes.

The presenter: May Allah reward you.