Frequently asked Questions pertaining to Zakaat (Part 2)
- When we give Zakaat to our relatives is it essential to inform them that it is from the Zakaat money?
Because when we inform them they are reluctant to take it. Hence please explain.
- It is not necessary to inform them that it is Zakaat. As long as they are deserving recipients of Zakaat, the Zakaat will be discharged. You should note that you cannot give Zakaat to your ascendants, descendants or spouse.
- If I bought a property without a specific intention of reselling and after a few Months or years I decide to sell the property, do I have to now pay Zakaat on the property?
- In principle, property purchased with the specific intention to resell at the time of sale is Zakaatable as the property will be considered as stock in trade.
However, if there was no specific intention to resell the property at the time of sale but an intention to resell the property was made after the sale, then the property will only be Zakaatable if the intention to resell the property is tied with taking actionable steps in selling the property, for e.g. by listing or advertising the property. (Al-Fiqhul Islaami Waadillatuhu 3/1868)
By merely making an intention of selling the property without taking actionable steps in selling the property, the property will not be Zakaatable, for e.g. by having an intention to resell the property only if a buyer is found. (Shaami 1/128)
- Salaams. If my child who is 1 year old was given a gift of a Kruger coin by his grandparents, then who pays the Zakaat on this? The non-baaligh child or his parent? Jazakallah
- If your child received a Kruger coin as a gift, the Kruger coin belongs to them. Hence, Zakaat is not obligatory on them as they are not mature (Baaligh).
Therefore, your child will not have to discharge the Zakaat of it and neither will you have to on their behalf until they become mature (Baaligh) and fulfil the criteria of discharging Zakaat.
- If a person did not pay Zakaat on lost or stolen wealth, is he liable to pay Zakaat on the lost and stolen wealth? If the wealth was not lost or stolen, it was spent after Zakaat on that wealth become compulsory on him, does he still have to pay its Zakaat? Is there any difference between the two of them?
- In principle, Zakaat does not remain compulsory on wealth that was lost and stolen after Zakaat had become compulsory upon it (Halaak). However, Zakaat remains compulsory upon wealth that was used or spent (Istihlaak) after Zakaat became compulsory upon it.
The difference is that in the case of wealth being lost or stolen, there remained no means of benefitting from it, thus Zakaat does not remain compulsory upon it. Whereas, in the case of wealth being used or spent after Zakaat became compulsory upon it, a person had the means of benefitting from it and hence, Zakaat remains compulsory. (Shaami 2/361)
Note: One should discharge his/her Zakaat timeously and not use the excuse of wealth being lost or stolen without valid grounds to avoid the discharging of Zakaat. In fact, to delay the discharging of Zakaat without a valid reason is sinful.
- A woman lost her jewellery 20 years ago. Whilst moving houses, she found that very same jewellery which she had lost. Does she now have to pay Zakaat on the lost jewellery for the past 20 years?
- In the enquired case, if the woman lost her jewellery 20 years ago and had no hope of finding it, Zakaat on the jewellery was notcompulsory upon her for the past 20 years. (Shaami 2/226)
However, since she has now found her lost jewellery, Zakaat will be compulsory upon her only for the current year if she is paying zakat.
- A person did not pay Zakaat on her jewellery for the past ten years. Now, all the jewellery has been stolen. Does it still remain compulsory upon her to pay Zakaat on the jewellery for the past ten years?
In principle, Zakaat does not remain compulsory upon wealth that has been stolen or lost. Hence, if a person did not discharge the Zakaat on her jewellery and it was later stolen or lost, the Zakaat on that jewellery will no longer be compulsory to discharge. (Shaami 2/361)
- Can we use Zakaat money to assist in the burial and funeral expenses of the deceased who did not own anything and did not leave anything for his heirs? The deceased family does not own anything as well?
One of the primary requisites of discharging ones Zakaat is to discharge it to an eligible recipient of Zakaat by making him the owner of it i.e. Tamleek (giving him full ownership of it) must take place.
A deceased person does not have the capacity to take ownership, hence the requirement of Tamleek is not fulfilled irrespective of whether he was a Zakaat recipient or not. Hence Zakaat cannot be given to the deceased for his/her funeral and burial expenses.
However, if the deceased’s family members qualify as recipients of Zakaat, then a person may give Zakaat to them and they may, in turn, use it for the funeral and burial expenses of the deceased if they wish. (Hindiyyah 6/392)