Message No : 5Sr.No : 149/725
Question By : nilofer


I wish to know if any lady who brings in her wedding
gold from her mothers side which is quite a lot &above nisaab & is a housewife & did not give Zakat for 10 yrs. as she did not have the knowledge &neither had cash as she does not earn.Later she realizes, repents
after gaining knowledge of the punishment & starts giving from that year onwards by selling her gold for every year.Now she has gold less than the nisaab.
1)Has she to give her previous 9 yrs due by selling her
gold? If she does , has she to calculate the cost of gold during those years or at the present cost?
2)Are husbands alowed to give Zakaat on her gold on
his wife's behalf?
3)If later her son earns & gives his mother money out of his duty &love, then can she use that to give her Zakaat dues?Or she should earn her own at home as giving tution etc.& pay with her hard earned money?Or the best is to sell the gold & give it soon? Can any other item besides gold be sold to give Zakat, such as some expensive household goods or gifts received? Please advice.

 

Reply By : Mohd. Shihabuddin Qasmi
Designation : Mufti, ODI, MMERC, Mumbai 

In the name of Allah, All Gracious, All Merciful

Assalmo Alaikum
Dear ¡­ in Islam,

The answers to your questions are as follow:

Ignorance is not an appropriate excuse for not practising the teachings of Islam. For, acquiring basic knowledge of Islam is obligatory for every Muslim, man and woman. The Prophet of Islam (SAW) is reported as having said, ¡°Searching knowledge is obligatory for every Muslim¡±. (Mishaat, Kitabul-Ilm 34) To provide Islamic knowledge to children is one of the responsibilities of parents. It is narrated on the authority of Ibne Abbas (RA) that the Prophet (SAW) said, ¡°It, also, is a right of a child on its father to select a beautiful name for it and provide good manners¡± (Baihaqee, Ma¡¯ariful Hadith VO: 6 P: 29)

1) Zakaat is obligatory on every free, sane, adult Muslim who possesses Nisaab (gold 7.5 tolas= 87.48 grams, silver 52.5 tolas =612.36 Grams or wealth intending for trading to the value of 612.36 grams silver) free from one¡¯s initial needs and debt for a complete lunar year. One who possesses Nisaab but does not pay Zakaat must repent sincerely and pay the previous Zakaat that he/she has not paid. The woman referred to the above-question must give the Zakaat of previous years calculating the cost of gold at those periods. (Shamee, Kitabuzzakaat VO: 2 P: 24) The amount given in Zakaat of first year will not be calculated in the Nisaab of next year and thus one will give the Zakaat of previous years.

2) Zakaat is Fardh for one who possesses Nisaab. To pay the Zakaat of wife is not obligatory for husband but if a wife requests her husband to pay the Zakaat on her behalf and he pays, the Zakaat of the wife will be valid. However, this Zakaat will not suffice the Zakaat of husband if he also possesses the Nisaab. He must pay the Zakaat of his own wealth.

3) Perform all the obligations at their times lest you die and an obligation remains to be performed. None knows where and when the death will occur. The Lofty Qur¡¯aan says, ¡°And no one knows in what land he will die. Surly Allah knows and is cognizant¡±. (Suratu Luqmaan 31 V: 34)

To sell gold or silver for giving Zakaat is not necessary if one owns cash money to that value of gold or silver one is to pay. One can also sell other items besides gold or silver to give the Zakaat obligatory for one. (Shamee, Kitabuzzakaat VO: 2 P: 24) But if someone does not possess any other property than gold or silver on which Zakaat is due, he should pay Zakaat selling that gold or silver.

It should be noticed that if one possesses gold less than 87.48 grams or silver less than 612.36 grams but after combining the value of both gold and silver is equal to the value of 612.36 grams of silver, the Zakaat will be Fardh. Likewise, if someone owns gold or silver less than the Nisaab and some money or productive nature of wealth as well but after combining the value of these articles reaches the value of 612.36 grams silver, the Zakaat will be Farth.


And Allah knows the best,

Answered by
Mohd. Shihabuddin Qasmi

Certified by
Muhammadullah Khal

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