Fatwa ID: 02488
Answered by: Molana Jamal Ahmed
Question:
Al-Salam Alaikum Shaikh,
I have a few important questions regarding Zakat:
1. What is the ruling on giving Zakat on items which have various
metals, such as a silver ring with diamonds and other metals. I have
read that if the other metal is dominant then Zakat is not necessary. Is
that true or do we still work out the amount of silver/gold and give
Zakat accordingly?
2. If Silver or Gild is the dominant metal, then do you calculate the
entire item to be of gold or work out how much gold/silver is in that
item and then give Zakat. For instance, a ring has 70% gold, 5% diamonds
and the rest is fake gold/silver. Will we class the entire ring to be
made of gold or will we say that Zakat is necessary only on the 70%?
3. If on ones Zakat date he doesnt possess the value of Nisab, does his
Zakat date change for the future or does he still use the same Zakat
date and work out the amount the following year?
4. in terms of upon whom SadaqatulFitr is necessary, what is meant by
'basic needs'? Does that refer to a few pairs of clothes? If one has an
expensive car, will that be classed more than basic need as he can make
do with a cheaper car?
5. Will Zakat need to be given on student loans or can one deduct it as
a liability? similarly, can one deduct the following year's council tax
as liability?
6 If one has planned on going to a holiday and paid deposit before his
zakat date, can he take the remaining money due for Zakat to be a
liability and deduct it from his assests?
JazakAllah
Answer
بسم الله الرحمن الرحي
!) Firstly, if the gold is an alloy, in other words the gold is not 100% pure rather other metals have been used in the process of preparing the gold, then the dominant component will be taken into consideration with regards to paying zakat. Therefore, if the gold is dominant or equal to other metals then zakat of gold will be necessary. The same ruling applies to silver. If however, other metals happened to be dominant, then zakat will not be necessary unless it is intended for trade.
Secondly, if metals are added separately and not as an alloy, then the proportion of gold, silver and other metals are not taken into consideration, rather zakat will be paid if gold and silver are equal to the nisab.
Zakat of normal metals and precious stones is only paid when they are intended for trade. (Contemporary fatawa, pg.101, idarahIslamiyat.)
As for your question regarding a ring having 70% gold and the rest being diamond, Zakat will be paid only on the gold which is 70% of the ring, because gold is not alloyed with diamond rather they are added separately.
As for your question, if a person does not have the nisab on the zakat date, this person does not have to pay zakah and he will calculate the full lunar year from the date he possesses the nisab again. (Contemporary fatawa, pg.90, idarahIslamiyat.)
Zakat or sadaqatulfitr is not paid on items of personal use such as, clothes for wearing, car for transport purposes, furniture for one’s own need, etc. irrespective of their value in money.
With regards to student loan, if the repayment is spread over many years then the installment of each year can be excluded from zakat, rather than the whole amount of the loan. (Extracted from jadeedfiqhimassail, vol.2 pg. 41-42. Zamzam publishers.) Similarly, the amount to be paid for council tax for the following year can be deducted from the nisab.
Principally Zakat is necessary on a nisab which is free from any liabilities i.e. anything you owe to anyone. (Raddulmuhtar, vol.2,pg.260, darulfikr.) Therefore, if you have booked a ticket before the date of zakat, then that amount can be deducted from Zakat.
(ﻭﺇﺫﺍ ﻛﺎﻥ ﺍﻟﻐﺎﻟﺐ ﻋﻠﻰ ﺍﻟﻮﺭﻕ) ﻭﻫﻲ ﺍﻟﺪﺭﺍﻫﻢ ﺍﻟﻤﻀﺮﻭﺑﺔ, ﻭﻛﺬﺍ ﺍﻟﺮﻗﺔ, ﺑﺎﻟﺘﺨﻔﻴﻒ ﺻﺤﺎﺡ (ﺍﻟﻔﻀﺔ ﻓﻬﻲ ﻓﻲ ﺣﻜﻢ ﺍﻟﻔﻀﺔ) ﺍﻟﺨﺎﻟﺼﺔ, ﻟﺄﻥ ﺍﻟﺪﺭﺍﻫﻢ ﻟﺎ ﻳﺨﻠﻮ ﻋﻦ ﻗﻠﻴﻞ ﻏﺶ, ﻟﺄﻧﻬﺎ ﻟﺎ ﺗﻨﻄﺒﻊ ﺇﻟﺎ ﺑﻪ, ﻭﺗﺨﻠﻮ ﻋﻦ ﺍﻟﻜﺜﻴﺮ, ﻓﺠﻌﻠﻨﺎ ﺍﻟﻐﻠﺒﺔ ﻓﺎﺻﻠﺔ – ﻭﻫﻮ ﺃﻥ ﻳﺰﻳﺪ ﻋﻠﻰ ﺍﻟﻨﺼﻒ – ﺍﻋﺘﺒﺎﺭﺍ ﻟﻠﺤﻘﻴﻘﺔ. ﻫﺪﺍﻳﺔ. ﻭﻣﺜﻠﻪ ﻓﻲ ﺍﻟﺈﻳﻀﺎﺡ ﻋﻦ ﺍﻟﺠﺎﻣﻊ ﺍﻟﻜﺒﻴﺮ ﻭﺇﺫﺍ ﻛﺎﻥ ﺍﻟﻐﺎﻟﺐ ﻋﻠﻴﻬﺎ ﺍﻟﻐﺶ ﻓﻬﻲ ﻓﻲ ﺣﻜﻢ ﺍﻟﻌﺮﻭﺽ, ﻭﻳﻌﺘﺒﺮ ﺃﻥ ﺗﺒﻠﻎ ﻗﻴﻤﺘﻬﺎ ﻧﺼﺎﺑﺎ) ﻭﻟﺎﺑﺪ ﻓﻴﻬﺎ ﻣﻦ ﻧﻴﺔ ﺍﻟﺘﺠﺎﺭﺓ ﻛﺴﺎﺋﺮ ﺍﻟﻌﺮﻭﺽ, ﺇﻟﺎ ﺇﺫﺍ ﻛﺎﻥ ﻳﺨﻠﺺ ﻣﻨﻬﺎ ﻓﻀﺔ ﺗﺒﻠﻎ ﻧﺼﺎﺑﺎ, ﻟﺄﻧﻪ ﻟﺎ ﺗﻌﺘﺒﺮ ﻓﻲ ﻋﻴﻦ ﺍﻟﻔﻀﺔ ﺍﻟﻘﻴﻤﺔ ﻭﻟﺎ ﻧﻴﺔ ﺍﻟﺘﺠﺎﺭﺓ. ﻫﺪﺍﻳﺔ. ﻭﺍﺧﺘﻠﻒ ﻓﻲ ﺍﻟﻤﺴﺎﻭﻯ ﻭﺍﻟﻤﺨﺘﺎﺭ ﻟﺰﻭﻣﻬﺎ ﺍﺣﺘﻴﺎﻃﺎ. ﺧﺎﻧﻴﺔ.
Lubab fi sharhilkitab, vol. 1 p. 147
(ﻗﻮﻟﻪ: ﻟﺤﻮﻟﺎﻧﻪ ﻋﻠﻴﻪ) ﺃﻱ ﻟﺄﻥ ﺣﻮﻟﺎﻥ ﺍﻟﺤﻮﻝ ﻋﻠﻰ ﺍﻟﻨﺼﺎﺏ ﺷﺮﻁ ﻟﻜﻮﻧﻪ ﺳﺒﺒﺎ, ﻭﻫﺬﺍ ﻋﻠﺔ ﻟﻠﻨﺴﺒﺔ.
Raddulmuhtar, vol. 2,pg. 259,darul fikr
(ﻟﺎ ﺯﻛﺎﺓ ﻓﻲ ﺍﻟﻠﺂﻟﺊ ﻭﺍﻟﺠﻮﺍﻫﺮ) ﻭﺇﻥ ﺳﺎﻭﺕ ﺃﻟﻔﺎ ﺍﺗﻔﺎﻗﺎ (ﺇﻟﺎ ﺃﻥ ﺗﻜﻮﻥ ﻟﻠﺘﺠﺎﺭﺓ) ﻭﺍﻟﺄﺻﻞ ﺃﻥ ﻣﺎ ﻋﺪﺍ ﺍﻟﺤﺠﺮﻳﻦ ﻭﺍﻟﺴﻮﺍﺋﻢ ﺇﻧﻤﺎ ﻳﺰﻛﻰ ﺑﻨﻴﺔ ﺍﻟﺘﺠﺎﺭﺓ.
Raddulmuhtar, vol. 2,p. 273, darulfikr
(ﻭﻟﻴﺲ ﻓﻲ ﺩﻭﺭ ﺍﻟﺴﻜﻨﻰ ﻭﺛﻴﺎﺏ ﺍﻟﺒﺪﻥ ﻭﺃﺛﺎﺙ ﺍﻟﻤﻨﺰﻝ ﻭﺩﻭﺍﺏ ﺍﻟﺮﻛﻮﺏ ﻭﻋﺒﻴﺪ ﺍﻟﺨﺪﻣﺔ ﻭﺳﻠﺎﺡ ﺍﻟﺎﺳﺘﻌﻤﺎﻝ ﺯﻛﺎﺓ) ; ﻟﺄﻧﻬﺎ ﻣﺸﻐﻮﻟﺔ ﺑﺎﻟﺤﺎﺟﺔ ﺍﻟﺄﺻﻠﻴﺔ, ﻭﻟﻴﺴﺖ ﺑﻨﺎﻣﻴﺔ ﺃﺻﻠﺎ.
Lubab fi sharhilkitab, vol. 1,p. 137, maktabahilmiyah
Only Allah knows best.
Written by Molana Jamal Ahmed
Checked and approved by Mufti Mohammed Tosir Miah
Darul Ifta Birmingham
