The Stronger Position Regarding the Zakah of Women's Jewelry
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Question:
How do you reconcile, Your Eminence, between the hadith of 'Amr ibn Shu'ayb and the hadith of 'A'ishah (may Allah be pleased with them)? The first indicates the obligation of zakah on women's jewelry intended for use, while the second is the opposite of the first hadith. Does one of the two hadiths abrogate the other? Is the view that criticizes the hadith of 'A'ishah feared by the three Imams and the majority of scholars? Do you see, Your Eminence, that the hadith of 'A'ishah is not consistent and is in agreement with the saying of Allah the Exalted: [Al-Hajj: 78] and other texts indicating... to the end of it. Do you not see, Your Eminence, that holding this view imposes hardship on women who pay zakah on their jewelry intended for use, given your knowledge that over long years they pay zakah which consumes the value of the jewelry they possess?
Answer:
Allah (Exalted and Majestic is He) is more merciful to His servants than we are to people. Allah is more merciful to His servants and knows best , and He is the Most Merciful of the merciful. He is the One who legislated the laws, Exalted and Majestic is He, and He made zakah obligatory on gold and silver and on other zakah-eligible wealth. It was not we who made it obligatory; Allah made it obligatory.
And the hadith of 'A'ishah is weak and is not authentic according to the meticulous scholars of knowledge. The hadith of 'Amr ibn Shu'ayb is a sound and good hadith, and there is no harm in it. It also has sound corroborating narrations, including the hadith that came in the two Sahihs:Sahih Muslim 987a, and the hadith, and other than that which came in this chapter.
So the correct view: is that women's jewelry has zakah on it from gold and silver if it reaches the nisab and a lunar year has passed over it. As for the fact that the majority adopted this and the minority adopted this, it is not a proof. Allah says: [An-Nisa: 59]. So the criterion is referring back to the Book and the Sunnah, not to the majority. Yes.
Question : Every year, O Shaykh?
Answer: Every year, yes. Every year on the wife, on the owner of the jewelry, until she sells some of it and only a little remains that does not have zakah, meaning it does not reach the nisab, then she does not pay zakah. Otherwise, she pays zakah, and praise be to Allah. Yes.
How do you reconcile, Your Eminence, between the hadith of 'Amr ibn Shu'ayb and the hadith of 'A'ishah (may Allah be pleased with them)? The first indicates the obligation of zakah on women's jewelry intended for use, while the second is the opposite of the first hadith. Does one of the two hadiths abrogate the other? Is the view that criticizes the hadith of 'A'ishah feared by the three Imams and the majority of scholars? Do you see, Your Eminence, that the hadith of 'A'ishah is not consistent and is in agreement with the saying of Allah the Exalted:
and has not placed upon you in the religion any difficulty
وَمَا جَعَلَ عَلَيْكُمْ فِي الدِّينِ مِنْ حَرَجٍAnswer:
Allah (Exalted and Majestic is He) is more merciful to His servants than we are to people. Allah is more merciful to His servants and knows best , and He is the Most Merciful of the merciful. He is the One who legislated the laws, Exalted and Majestic is He, and He made zakah obligatory on gold and silver and on other zakah-eligible wealth. It was not we who made it obligatory; Allah made it obligatory.
And the hadith of 'A'ishah is weak and is not authentic according to the meticulous scholars of knowledge. The hadith of 'Amr ibn Shu'ayb is a sound and good hadith, and there is no harm in it. It also has sound corroborating narrations, including the hadith that came in the two Sahihs:
If any owner of gold or silver does not pay what is due on him, when the Day of Resurrection would come, plates of fire would be beaten out for him
ما من صاحب ذهب ولا فضة لا يؤدي زكاتها إلا إذا كان يوم القيامة صفحت له صفائح من نارSo the correct view: is that women's jewelry has zakah on it from gold and silver if it reaches the nisab and a lunar year has passed over it. As for the fact that the majority adopted this and the minority adopted this, it is not a proof. Allah says:
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 كُنْتُمْ تُؤْمِنُونَ بِاللَّهِ وَالْيَوْمِ الْآخِرِ ذَلِكَ خَيْرٌ وَأَحْسَنُ تَأْوِيلًQuestion : Every year, O Shaykh?
Answer: Every year, yes. Every year on the wife, on the owner of the jewelry, until she sells some of it and only a little remains that does not have zakah, meaning it does not reach the nisab, then she does not pay zakah. Otherwise, she pays zakah, and praise be to Allah. Yes.
Source
binbaz.org.sa
The Arabic text is copied verbatim from the original source, without any edits.