Charitable funding within a family

Some people formed a co-operative whereby each male, old or young, pays one hundred dollars at the beginning of the year, so that the money is saved in case any of them has to pay diyah (blood-money) or is faced with some other disaster. Do they have to pay zakaat on this money each time a year has passed?

Praise be to Allaah.

If the situation is as you describe, and the money does not go back to the person who donated it according to the proportion that he donated, but is now no longer owned by any one of them and is to be spent only for the purpose for which they donated it, then there is no zakaat due on it. And Allaah knows best.

Zakaat on vegetables and fruits

If one has a garden in which vegetables and fruits are grown for his own purpose, is he required to pay 'ushr on its harvest?

Praise be to Allaah. 

Zakaat is not required on vegetables or fruits, because they are not measured or stored. Zakaat is, however, required on fruits that are measured and stored, such as dates, raisins, almonds, pistachios, But if they are not measured and are not stored – such as pomegranates, figs, peaches, melons and other fruits, and tomatoes, cucumbers and other vegetables – there is no zakaat due for them, because if they are stored they will be spoiled.

 It was reported from Abu Sa’eed al-Khudri (may Allaah be pleased with him) that the Prophet (peace and blessings of Allaah be upon him) said: “There is no zakaat due on grains or dates unless they reach the amount of five awsuq.” Narrated by al-Bukhaari, Muslim and others. This is if they are measurable, so it is more appropriate that no zakaat should be paid on things that are not measured at all.

 It was reported from ‘Ali ibn Abi Taalib in a marfoo’ report – and some said it was mawqoof – “There is no zakaat due on vegetables.”

 Moreover, neither the Prophet (peace and blessings of Allaah be upon him) nor his successors (al-Khulafaa’ al-Raashidoon) collected zakaah for fruits and vegetables. Although they were grown in their regions, there was no zakaah paid on them. This indicates that there is no zakaah to be paid for these things.

 And your garden is for your own personal use, not for business purposes, so it is definite that there is no zakaat required for the produce of this garden. But if it is for business purposes, and you keep the profit from it for one complete year, in this case you would have to pay zakaah on the money which you have had for one complete year. And Allaah knows best.

Zakat on money that is invested in trade

Asalamu Alaykum.
I have a certain amount of money. The whole amount is above the nisaab.
However, part of it is in the trade business. In calculating the current year's Zakat, do I have to include the amount that's not back yet from the trade; or should I only calculate the Zakat upon what I currently have with me at this point of time.
Jazakum Allahu khayran

Praise be to Allaah.

If one year has passed since you have possessed this wealth, you should pay zakaat on it, whether it is on hand or is invested in trade. If you have earned some profit on it, the zakat for that is due when the zakat on the original amount is due. And Allaah knows best.

Is there any zakaah on their house, shops and jewellery?

I want exact figure of zakat to be paid by us.our family consists of 3 brothers married having children and parents,living together.
1- We have big house in which we r residing,
2-we have second house of indian rs.
3 million value.3-we one business with capital of 2.5 million
4-we have shop of 4 million and we have some different assets of 1 million rs. having jeweellery worth one million rs.how much zakat we have to pay.

Praise be to Allaah.  

Firstly: 

The Muslim does not have to pay zakaah on the house in which he lives – even if there is more than one house – or on the car which he has for his own use – no matter how valuable it may be. 

Shaykh Ibn Baaz (may Allaah have mercy on him) said:  

There is no zakaah on houses if they are for living in… but with regard to land, houses, stores and the like that are prepared for sale, zakaah is due on these according to their value each year when a full year has passed, regardless of whether their value has risen or fallen, if the owner has firmly resolved to sell them. 

Majmoo’ Fataawa al-Shaykh Ibn Baaz, 14/173 

Secondly: 

There is no zakaah on shops and property used for business themselves; there is no zakaah on land or buildings or on the furnishings and vessels in the store, no matter how much they are worth, unless these things have been prepared for sale, in which case zakaah is due on them. This is what the scholars call zakaah on trade goods. 

Shaykh Ibn Baaz (may Allaah have mercy on him) said: 

The basic principle is that everything that is prepared for sale is subject to zakaah, and things that are used in the shop are not subject to zakaah. 

Majmoo’ Fataawa wa Maqaalaat Mutanawwi’ah li’l-Shaykh Ibn Baaz, 14/183 

The way in which the zakaah is worked out is: 

The value of the goods that are in the store at the end of the year is worked out, then the zakaah is paid on them at a rate of one-quarter of one-tenth, i.e., 2.5 % of the value. See question no. 26236. 

The scholars of the Standing Committee said: 

Trade goods are those which have been prepared for sale and purchase of all kinds or property. Zakaah must be paid on them if their value reaches the nisaab of gold and silver, and the owner took possession of them with the intention of trading them. Their value in gold and silver should be estimated at the end of the year, in favour of the poor and needy. The basic principle concerning that is the verse in which Allaah says (interpretation of the meaning): 

“O you who believe! Spend of the good things which you have (legally) earned”
[al-Baqarah 2:267] 

i.e., what you have earned by trade; this was the view of Mujaahid and others. Al-Baydaawi and others said: Spend of the good things which you have earned, i.e., the obligatory zakaah. 

And Allaah says (interpretation of the meaning): 

“And those in whose wealth there is a recognised right”

[al-Ma’aarij 70:24] 

Trade comes under the general meaning of wealth, so there is a due which the Prophet (peace and blessings of Allaah be upon him) defined as being one-quarter of one-tenth. The wealth of trade is the most important kind of wealth, so it is more apt that it be included in the meaning of this aayah than any other kind of wealth. It was narrated that Samurah ibn Jundub (may Allaah be pleased with him) said: “The Messenger of Allaah (peace and blessings of Allaah be upon him) used to command us to pay zakaah on that which we had prepared for sale.” (Narrated by Abu Dawood) 

‘Umar said to Hamaas, “Pay the zakaah on your wealth.” He said, ‘I only have some quivers and leather.” He said, “Estimate how much they are worth and pay the zakaah.” Imam Ahmad (may Allaah have mercy on him) quoted this story as evidence. 

It was narrated from Abu Hurayrah (may Allaah be pleased with him) that the Messenger of Allaah (peace and blessings of Allaah be upon him) said: “With regard to Khaalid, you have been unfair to Khaalid, because he is keeping his shields and weapons for the purpose of jihaad.” (Agreed upon). Al-Nawawi and others said: This indicates that it is obligatory to pay zakaah on trade goods, otherwise the Prophet (peace and blessings of Allaah be upon him) would not have explained Khaalid’s excuse.  

Al-Bukhaari and Muslim narrated a marfoo’ report from Abu Hurayrah (may Allaah be pleased with him) in which it says: “The Muslim does not have to pay zakaah on his slave or his horse.”  Al-Nawawi and others said: This hadeeth is the basis of the view that there is no zakaah on wealth kept for personal use. 

Shaykh ‘Abd al-‘Azeez ibn ‘Abd-Allaah ibn Baaz, Shaykh ‘Abd al-Razzaaq ‘Afeefi and Shaykh ‘Abd-Allaah ibn Qa’ood. 

Fataawa al-Lajnah al-Daa’imah, 9/186, 187 

Thirdly: 

With regard to the jewellery that you own, if it is gold and silver then you have to pay zakaah on it at a rate of 2.5% if it reaches the nisaab; the nisaab for gold is approximately 85 grams. 

If it something other than gold and silver – such as rubies and coral – and it is worn as adornment, then there is no zakaah on it. If it is acquired for the purpose of trade, then zakaah must be paid on it. 

Shaykh Ibn Baaz (may Allaah have mercy on him) said: 

Gold is the thing on which zakaah is due; as for precious stones and diamonds, no zakaah is due on them unless they are for trade purposes. 

Majmoo’ Fataawa wa Maqaalaat Mutanawwi’ah li’l-Shaykh Ibn Baaz, 14/121 

The scholars of the Standing Committee said – in a fatwa that covers more than was mentioned in the question –  

The fact that zakaah must be paid on coins – whether gold or silver – has been proven in the Qur’aan and Sunnah and by scholarly consensus. Trade goods are not sought in and of themselves, rather what is sought through them is coins, whether gold or silver. Matters are judged according to their purpose, because the Prophet (peace and blessings of Allaah be upon him) said: “Actions are but by intentions.” Hence zakaah is not due on a slave who is acquired as a servant, or on a horse that is acquired to be ridden, or on a house that is acquired to be lived in, or on a garment that is acquired to be worn, or on chrysolite, rubies, coral etc that are acquired for use as adornments. But if all of these or similar things are acquired for the purpose of trade, then zakaah must be paid on them, because the purpose behind them is to acquire gold and silver coins or whatever is used in their place… Based on this, whoever withholds zakaah on whatever trade goods he has is sinning… 

Fataawa al-Lajnah al-Daa’imah, 9/312, 313 

The questioner says, “And we have some different assets of 1 million rs.” If these things are gold or silver, or prepared for sale, then zakaah is due on them; if what is referred to is things that are used such as cars, furniture, etc, then there is no zakaah on them. 

In conclusion: 

The questioner should evaluate the products that he has at the end of the year and add their value to whatever money, gold and silver he has, and then pay zakaah on the total amount, at a rate of one-quarter of one-tenth (2.5%). 

And Allaah knows best.

He vowed to give charity every time he committed a sin, then he committed sin but did not give charity

I had a problem with a sin, and one day after doing it I regretted it deeply and began to curse myself. Then I raised my finger and said, literally, “I vow that if I do this habit again, I will give five hundred riyals in charity, and if I do it another time I will give this amount in charity again,” i.e., each time I did it I would give five hundred riyals in charity. But I did it again, many times.
 My question is: What should I do in this case, knowing that I have not even given a single riyal in charity yet, and I do not know how many times I did it, but it has been a long time? Please advise me, may Allaah reward you with good..

Praise be to Allaah.  

Firstly: 

Making vows so that one will not commit sin is something that was done by some of the salaf, in order to punish themselves and train themselves not to commit sin, but that was with regard to things that thy were able to do. 

Harmalah said: I heard Abu Wahb say: I vowed that every time I backbit about a person I would fast for a day and that wore me out, because I used to backbite and fast. So I intended that every time I backbit about a person I would give a dirham in charity instead, and because of my love of money I gave up backbiting. 

Al-Dhahabi said: This, by Allaah, is how the scholars were. This is one of the fruits of beneficial knowledge. 

Siyar A’laam al-Nubala’, 9/228 

It is better for a Muslim to refrain from committing sin without making vows or oaths, so that he will not expose himself to breaking that oath or not fulfilling that vow. 

Secondly: 

If the one who makes a vow intends to prevent himself from doing a particular deed, then either he will break that vow or he will not. If he does not break it then he does not have to do anything. If he does break it then he is given the choice of two things: either to fulfil the vow or to offer kafaarat yameen (expiation for breaking a vow).   

Ibn Qudaamah said in al-Mughni (13/461): 

If he makes a vow to prevent himself or someone else from doing something, or to encourage him to do something, such as saying, ‘If I speak to Zayd, then I am bound to perform Hajj, or give my wealth in charity, or fast for a year,” this is a vow and the ruling is that he has the choice between fulfilling what he swore to do, in which case he does not have to do anything else, or breaking his vow. So he has the choice between doing what he vowed to do or offering kafaarat yameen. This is called a vow of desperation and anger, and he does not have to fulfil it. This is the view of ‘Umar, Ibn ‘Abbaas, Ibn ‘Umar, ‘Aa’ishah, Hafsah and Zaynab bint Abi Salamah. It is also the view of al-Shaafa’i. 

Shaykh Ibn ‘Uthaymeen was asked: 

I am a young man who was negligent then Allaah guided me, but I still commit some sins. I have tried to repent from them many times but I could not. I said to myself that I should vow that if I repeated this sin, I would fast for two consecutive months. But the Shaytaan tempted me and I said that the vow in this case is like a yameen (oath) for which kafaarah (expiation) may be offered. Then I committed that sin again. What should I do, may Allaah reward you with good? Is it permissible for me to feed sixty poor persons, because that is easier for me than fasting? Please note that Allaah has blessed me by helping me to repent from this sin now. 

He replied: 

Firstly: A Muslim should be determined, resolved and strong in resisting haraam things without swearing oaths or making vows, and he should do what he is obliged to do without swearing oaths or making vows. Allaah says (interpretation of the meaning): 

“They swear by Allaah their strongest oaths, that if only you would order them, they would leave (their homes for fighting in Allaah’s Cause). Say: Swear you not; (this) obedience (of yours) is known (to be false). Verily, Allaah knows well what you do”

[al-Noor 24:53] 

But some people may be incapable of controlling themselves so they resort to vows and oaths to make themselves do what they are obliged to, or to refrain from doing haram things. The scholars (may Allaah have mercy on them) mentioned that the vow which is intended to help one to refrain from something haraam or do something obligatory comes under the ruling of a yameen (oath). Hence the brother who asked this question has to offer kafaarat yameen as an expiation for this oath, by feeding ten poor persons, giving each one of them a mudd (or two handfuls) of rice or wheat, or clothing ten poor persons, or freeing a slave. He has the choice of doing one of these three things. If he cannot do any of them, then he has to fast for three consecutive days, because Allaah says in Soorat al-Maa'idah (interpretation of the meaning): 

“Allaah will not punish you for what is unintentional in your oaths, but He will punish you for your deliberate oaths; for its expiation (a deliberate oath) feed ten Masaakeen (poor persons), on a scale of the average of that with which you feed your own families, or clothe them or manumit a slave. But whosoever cannot afford (that), then he should fast for three days”

[al-Maa’idah 5:89] 

With regard to feeding the poor, it is permissible to make food, lunch or dinner, and invite ten poor people to come and eat. 

Fataawa Islamiyyah, 3/501.

The number of expiations depends on the number of oaths

I am a mother and I swore many oath to make my children do things and sometimes the oath is broken. Should I offer kafaarat yameen (expiation for breaking a oath) once or what should I do?.

Praise be to Allaah.  

It is makrooh to be careless in swearing aaths, because Allaah says (interpretation of the meaning): 

“And (O Muhammad) obey you not everyone Hallaaf Maheen (the one who swears much and is a liar or is worthless)”

[al-Qalam 68:10] 

This indicates that the one who swears oaths a great deal is to be criticized, so try not to swear oaths too much, out of respect towards Allaah and so as to protect your oaths. 

You should note that swearing oaths a great deal for everything, minor or major, leads to weakening the value of oaths and vows in people’s eyes, and there is no guarantee that this will not lead to making false oaths, and it also indicate that one does not fear Allaah completely. 

With regard to the oath that you have sworn, they may be interpreted in one of two ways: 

1 – When you swore the oath you meant to swear an oath, in whole or in part, i.e., you meant to swear a binding oath. In this case you have to offer kafaarat yameen. A binding oath is one which a person swears concerning something in the future, that he will do something or not do something. 

2 – When you swore the oath you did not mean to swear an oath as such. This comes under the heading of idle oaths. The scholars differed as to the precise definition of idle oaths (laghw al-yameen). The most correct view is that the idle oath includes the following: 

1-     That which the speaker utters unintentionally, such as when a man says, “No, by Allaah, I will never go” or “Yes, by Allaah, I will go.” This is the view of the Shaafa’is and Hanbalis.

2-     When a person utters an oath thinking that he is speaking the truth, then he realizes that it was not true. This is the view of the Hanbalis.

3-     Shaykh al-Islam added to the definition of an idle oath cases where the one who swears the oath thinks that the one concerning whom it is sworn will not go against him, then he does go against him. By the same token a person does not break his oath if he swore that another person would do something by way of honouring him, not by way of compelling him. He said: Because it is like a command; a command is not binding if it is understood to be by way of honouring, because the Prophet (peace and blessings of Allaah be upon him) commanded Abu Bakr to stand in the row but he did not stand. See Majmoo’at al-Rasaa’il al-Fiqhiyyah by Shaykh Khaalid al-Mushayqih, p. 234. 

Based on the above, if all or some of your oaths were binding, then you have to offer kafaarat yameen, but do you have to offer it once or several times? That depends on the content of the oath. If all your oaths had to do with the same thing, then you have to offer expiation only once. But if you swore oaths concerning a number of things, such as saying, “By Allaah, I will not eat today” and “By Allaah, I will not drink today” and “By Allaah, I will not travel today”, then you have to offer expiation for each of these things if you did it. If you ate and drank and travelled then you have to offer three expiations. If you swore one oath concerning a number of things, such as if you said, “By Allaah, I will not eat or drink or travel,” then you have to offer expiation once for doing one or all of these things. (op. cit., p. 266). 

But if all or some of your oaths were idle oaths, then the majority of scholars have stated that no expiation is required for breaking an idle oath, because Allaah says (interpretation of the meaning): 

“Allaah will not call you to account for that which is unintentional in your oaths”
[al-Baqarah 2:225] 

And Allaah knows best. 

See also questions no. 45676, 34730.

Is it permissible to give money instead of a vow, ‘aqeeqah or waleemah?

Is it permissible to give money instead of a vow, ‘aqeeqah or waleemah (wedding feast)?.

Praise be to Allaah.  

It is not sufficient to give money instead of what is required because of a vow, unless what was vowed was to give money as an act of worship to Allaah, in which case it is permissible to give the money as one vowed to do. But if a person vows to give all his wealth, he is only obliged to give one-third of it. Similarly it is not sufficient to give money for an ‘aqeeqah or waleemah (wedding feast) because the Sunnah regarding ‘aqeeqah is to slaughter two sheep for a boy and one for a girl. And the Sunnah regarding the wedding feast is for a man to give a feast after he gets married, even if it is with only one sheep, because of the saheeh report from the Prophet (peace and blessings of Allaah be upon him), according to which he said to ‘Abd al-Rahmaan ibn ‘Awf, after he got married: “Give a wedding feast, even if it is with only one sheep.” This is the Sunnah in these cases. Spending money instead goes against the Sunnah and there is no basis for doing that; the Prophet (peace and blessings of Allaah be upon him) did not do that and neither did his companions (may Allaah be pleased with them) after him.  So we should adhere to that which is narrated in the Book of Allaah and the saheeh Sunnah of His Prophet (peace and blessings of Allaah be upon him), and not do anything else. 

And Allaah is the Source of strength. May Allaah send blessings and peace upon our Prophet Muhammad and his family and companions.