Can my rich father take zakaah and spend it on my brother so that he can complete his studies?

Is it permissible for my father who owns the minimum threshold (nisaab) at which zakaah becomes due (and who pays zakaah) to take zakaah from another person for his son’s university education only? I am studying in a government university, but my brother is studying in a private university which costs a great deal. Is it permissible for my father to take zakaah on the grounds that my brother is a seeker of knowledge (but my brother is not studying Islamic knowledge; rather he is specialising in accounting). The money that we pay zakaah on is money that we are saving to buy an apartment so that we do not have to deal with the riba-based banks.

Praise be to Allaah.

Firstly:

The fuqaha’ are unanimously agreed that the father is not obliged to spend on his adult son if he is able to earn a living. For more information please see the answer to question no. 13464

Because spending on an adult son who is able to earn a living is not obligatory for the father, it is permissible for the son to take zakaah as much as will suffice his needs, even if he is a student of non-religious knowledge (as opposed to Islamic knowledge). For more information please see the answer to question no. 95418.

In this case there is nothing wrong with delegating his father to take it on his behalf, then give it to him to help him complete his studies.

The criteria for it being permissible to take zakaah is if the student of non-religious knowledge is not able to combine work and study, or if combining them will affect his ability to study. In that case there is nothing wrong with him taking zakaah money as much as will suffice his needs. But if he is able to combine them both without suffering any harm, then it is not permissible for him to take zakaah money, because of the report narrated by Hishaam from his father from ‘Ubaydullah ibn ‘Adiyy who said: Two men told me that they came to the Prophet (blessings and peace of Allah be upon him) during the Farewell Pilgrimage to ask him for charity. The Messenger of Allah (blessings and peace of Allah be upon him) looked them up and down and saw that they were healthy young men. He said: If you wish I will give you some, but there is no share of it for one who is independent of means or one who is strong and able to earn a living.” Narrated by Imam Ahmad, 21985; Abu Dawood, 1633; classed as saheeh by al-Albaani (may Allah have mercy on him) in Saheeh Abi Dawood, no. 1443 Continue reading

Should he pay zakaah on the profits only or on the capital too?

Should zakaah be paid on the returns only or on both the capital and the returns?.

Praise be to Allaah.

Zakaah must be paid on both the capital and the returns, if the capital reaches the minimum threshold (nisaab) and one full zakaah year has passed since it was acquired, because the profit is connected to the capital, and is subject to the same rulings.

If a person has some money that he invests in trade, then he makes a profit during the zakaah year, what he has to do is add that profit to the capital and pay zakaah on the total, when one zakaah year has passed since the capital was acquired.

The scholars of the Standing Committee (9/356) were asked: I have money that reaches fifteen thousand (15,000) riyals, that I gave to a man to trade with on the basis that he would have half of the profit. Is there any zakaah on this wealth? And on what should zakaah be paid – the capital, the profit or both? If zakaah is due on the capital and the capital has been used to buy trade goods such as carpets, furniture and the like, what is the ruling in this case?

They replied: Zakaah is due on the wealth mentioned that was set aside for the purpose of trade, when one zakaah year has passed since it was acquired. Zakaah must be paid on the capital and the profits at the end of the zakaah year. If the money was used to buy trade goods, their value should be worked out at the end of the zakaah year at current prices, and zakaah must be paid at a rate of 2.5% of the total of the wealth plus the profits. End quote.

Shaykh ‘Abd al-‘Azeez ibn ‘Abdullah ibn Baaz; Shaykh ‘Abd ar-Razzaaq ‘Afeefi; Shaykh ‘Abdullah ibn Ghadyaan.  Continue reading

Each partner must pay zakaah on his share of the profits from mudaarabah (partnership)

He gave me seven thousand riyals four years ago, to buy and sell halaal items, and each year the profits are to be shared out. Now (the profits) have reached sixteen thousand riyals, and we have not paid zakaah for the past four years.
I hope that the picture is clear. Please advise us, may Allah reward you.

Praise be to Allaah.

Firstly:

Zakaah is one of the pillars of Islam and one of the most important duties and obligations in Islam. What the Muslim is required to do is hasten to give it when it becomes obligatory for him, and it is not permissible to neglect to pay it.

Zakaah cannot be waived by the passage of time; even if many years have passed without zakaah being paid, it is a debt that is owed and it is obligatory to pay it.

An-Nawawi (may Allah have mercy on him) said in al-Majmoo‘, 5/302:

Even if many years have passed, and he did not pay zakaah on it, he must pay zakaah for every year. End quote.

It says in al-Mawsoo‘ah al-Fiqhiyyah, 23/289:

If many years have passed during which one who is obliged to pay zakaah did not pay it, and the conditions of it being obligatory are met in this case, nothing of it is waived, according to scholarly consensus, and it is obligatory for him to pay zakaah for all those years that passed in which he did not pay zakaah on it. End quote.  Continue reading

Giving zakaah to one’s mother if her husband does not spend on her

There is a man who does not give his wife her rights with regard to maintenance, and he does not spend on her properly. Can her son give her something from the zakaah on his wealth to suffice her?.

Praise be to Allaah.

It is not permissible to give one’s mother zakaah that is the share of the poor and needy, because spending on her is obligatory upon her husband; if he is poor or refuses to spend on her, then her children must spend on her.

Ibn Qudaamah (may Allah have mercy on him) said in al-Mughni (2/279): If the poor woman has a husband who is well off, he should spend on her and it is not permissible to give zakaah to her, because she will have what is sufficient for her by means of what reaches her of that obligatory maintenance. If he does not spend on her and is unable to do so, it is permissible to give (zakaah) to her. This was stated by Ahmad. Continue reading

Is there any zakaah due from one who cut corn before it ripened to provide food for his animals?

There is a peasant who planted some acres of corn; approximately 3 months after planting it, he ground it when the grains and leaves were still green, then he put it together to give it as food to cattle.
My question is: does he have to give zakaah? Please note that he irrigated it with well water.

Praise be to Allaah.

Firstly:

In the answer to question no. 99843 we explained that zakaah is due on grains of types that are measurable and storable, if what the land produces reaches five wasqs, i.e., three hundred saa‘s.  This is equivalent to 612 kg of good-quality wheat; some scholars give the amount as 653 kg. One-tenth is to be given if the crop was irrigated by rainwater, rivers or springs, and half of one tenth is to be given if it was irrigated by costly (artificial) means.

Based on that, if the corn is of a type that is measurable and storable, if the amount produced exceeds three hundred saa‘s, because the cultivated land covers a large area, then for the corn that is produced zakaah must be given at the rate of half of one tenth, because water was brought from the well to irrigate the crop, which can only be done by costly means such as machines, fuel and so on.  Continue reading

Their father left them some farmland and houses; how should they pay zakaah on them?

My father died one and a half years ago, and he left behind a family comprised of my mother and two sons and two daughters, all of whom are married. My father, may Allah have mercy on him, left behind an estate in the form of various houses and farmland that yields produce. My question is: how should this produce be divided and does zakaah have to be paid on this estate; if so, how should it be given and to whom?.

Praise be to Allaah.

Firstly:

As soon as a person dies, his wealth is transferred to his heirs. Thus financial obligations are transferred from the original owner of the wealth (the father who left it behind) to the new owners (the heirs). After having been the property of one person, it is now divided among the heirs according to their shares of inheritance. The mother gets one-eighth of the estate and the rest of it is divided among the children, with each male getting the share of two females.  Continue reading

Printing the Qur’aan is not one of the things that zakaah should be spent on

There is a charitable organization that distributes and prints the Holy Qur’aan, and translates its meanings into many different languages. Is it permissible to give zakaah money for this project?

Praise be to Allaah.

The apparent meaning of the Qur’aan indicates that zakaah should not be spent on this project, because it is not one of the groups on which zakaah is to be spent, as mentioned in the aayah (interpretation of the meaning):

“As-Sadaqaat (here it means Zakaah) are only for the Fuqaraa’ (poor), and Al-Masaakeen (the poor)…”[al-Tawbah 9:60]

The Council of Senior Scholars issued a statement saying that zakaah money should not be given to this project, as stated above.

And Allaah knows best. Continue reading

Renovating orphan’s property with zakaah money

There are some orphans whose guardian I am, as their father died many years ago. They have a monthly income from their father’s retirement fund of 3500 riyaals. Over the years I have accumulated a large sum of money, of which approximately 150,000 comes from zakaah. Should I stop accepting zakaah on their behalf? What should I do with the zakaah money I have? They have a house that needs to be repaired, and there is still 240,000 owing to the real-estate company.
Can I pay off the deceased’s debts from this (zakaah) money? They have land from the city so can we pay for building a fence around it from this money?

Praise be to Allaah.

Firstly, it is not permissible for you to take zakaah on their behalf, because they have enough money of their own. Zakaah is for the poor and needy, not for orphans. Whatever you have taken at the time when they had enough of their own has to be given back to the original donors, if you know who they are, otherwise you must give it away in charity with the intention of it being zakaah on their behalf, because you took it with the intention of it being zakaah from them.

As for the money that you have accumulated from the retirement fund, use it as you see fit, because Allaah says (interpretation of the meaning): “And come not near to the orphan’s property, except to improve it…” [al-An’aam 6:152].

As for the debt to the real estate development company, you know that it is to be repaid in installments, not all at once, so pay it back in installments. The deceased has nothing to do with it, except with regard to the installments that were due before his death, if he did not pay them. As for the installments that were not due until after his death, they are nothing to do with him because they have to do with this property, the ownership of which has passed to his heirs. So they are responsible for these repayments, and they should not be paid from the zakaah money, because they have enough money of their own with which to pay them. Continue reading

Is there any zakaah on my advertising business?

I have a business that produces personal invitations and commercial advertisements. I have been working in this field for nearly 10 years. Please note that it belongs to me and I have no set income per day or per month or per year. In other words, I work in this business without being able to define the monthly income, because it is freelance work. Even the departments that specialise in collecting zakaah from neighbouring commercial businesses cannot work out the monthly and annual income. 
My question is: 
Do I have to pay a particular rate of zakaah on this business? Please note that my capital consists of a computer and a large printer for printing advertisements. The basis of the work is physical effort and no more. If I have to pay a particular rate of zakaah for one year, how much is it or how can I work it out?.

Praise be to Allaah.

There is no zakaah on tools, equipment and machines in the business so long as they are not meant for sale; rather zakaah is due on fees earned by means of them, if they reach the minimum threshold (nisaab) and one hijri year has passed since that was acquired.

Al-Bahooti (may Allah have mercy on him) said in Kashshaaf al-Qinaa‘ (2/244): There is no zakaah on the tools of a craftsman, display materials used by traders, or the glass bottles used by spice merchants, grocers, and sellers of olive oil or honey, unless he intends to sell the bottles with their contents, in which case zakaah must be paid on both because these are trade goods. End quote.  Continue reading

Is it permissible for her to give money with the intention of zakaah on her own behalf and ongoing charity (sadaqah jaariyah) on behalf of her father?

My question is about ongoing charity. If my father – may Allah have mercy on him and all deceased Muslims – used to give his zakaah to some poor people, and I know who they are, is it permissible for me to give them the same amount of money with the intention that it is ongoing charity the reward of which will, by Allah’s leave, reach my father, on the basis that this money is also the zakaah of my wealth?.

Praise be to Allaah.

It is permissible to give charity on behalf of another person, whether it is ongoing charity or a one-time payment. Ongoing charity is a waqf, i.e., the basic wealth or property remains and its yield is used to benefit others, such as if a person gives a house as a waqf for poor people to live in or to benefit from its rent, or he donates Mushafs and books of Islamic knowledge, or he builds a mosque, or he digs a well from which people drink. This is what is meant by ongoing charity.  Continue reading