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Obligatory of paying Khums or Zakat upon Goldsmith

Question 328: Asalamualaikum. Dear Sheikh,If I am a goldsmith ,is it halal/haram for me to give zakat from my earning from such business(i.e.gold)? Thank you

Answer 328: This question has different assumable cases:

1- If gold meets the criterion of being made into coins, and is in currency for transactions, is in one’s possession, and reach the taxable limits, zakat will apply.[1] But if these coins are made into ornaments and used by women as ornaments, e.g., necklaces and bracelets, then zakat will no longer apply.[2]

Note: Zakaat [obligatory charity] must be paid on gold if it reaches the Nisaab [i.e. the minimum amount liable for Zakaah], which is 20 Mithqaal [a measure which equals 70 grams of pure gold, according to most of scholars], this means that one should pay ½ a Mithqaal as Zakaat, i.e., 2.5% of the value of gold. If 4 Mithqaal is added to the previous mentioned value, 2.5% of gold should be paid again as the liable amount of Zakaah.[3]

2- If gold do not meet the criteria mentioned above, like in the case where they aren’t used as currency in transactions, then zakat will not apply. [4] Based on this, since the gold used today isn’t used as currency, zakat does not apply to it.[5]

However, if a khums year passes and you have other required conditions (which have been mentioned in Tawzih al-Masael of maraja’ (ha)), you are just supposed to pay Khums.

For further information in this regards, please refer to the following answer:

Index: Zakat and difference between Sayyid and non-Sayyid holms, answer 040.

Index: How to calculate Khums on a house purchased with Sahm e Sadat, answer 046.

Index: Khums in the Holy Quran and Traditions / Things on which Payment of Khums is Obligatory, answer 043.

Index: Obligatory of paying knums on wife’s dowry, answer 042.

Index: Obligatory of paying Khums on a plot of land you have the intention to sell it, answer 567.

Index: Impermissibility of giving Sadat portion of Khums to a non-Ithna Ashari Sayyid, answer 041.

Index: Khums on household items received from parents, answer 038.

Index: Obligatory of Khums on savings exceeds a person’s expenditures, answer 559.

Index: Zakat of Fitrah, Zakãt al-Abdan (or Zakãt of Bodies), answer 045.

Index: Things on which Payment of Zakàt is Obligatory or Recommended, answer 044.

Index: Zakat of Gold and Silver and its criterion, answer 039.

[1] . An inquiry from the office of the Supreme leader; Imam Khomeini, Tawdih al-Masa’il (annotated), researched and corrected by: Bani Hashemi Khomeini, Sayyid Mohammad Hosein, vol. 2, pp. 128-132, Islamic Publications Press, Qum, eighth edition, 1424 AH.

[2] . Tawzih al-Masael of maraja’ (with annotation of Imam Khomeini (ra)), Vol. 2, Pg. 129.

[3] . Tawdih al-Masa’il (annotated), vol. 2, pg. 131; Sistani and Saafi Golpaygani (inquiry from their offices); Zanjani: “Gold and silver coins used as currency that women use as ornaments, if are still commonly used in transactions as currency, are subject to zakat, but if they aren’t commonly used in transactions as currency, zakat will not apply, but it is still a recommended precaution to pay their zakat as well.” Tawdih al-Masa’il (annotated), vol. 2, pg. 130.

[4] . Tawdih al-Masa’il (annotated), vol. 2, pp. 128-132.

[5] . Makarem Shirazi (inquiry from office).

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Zakat of Fitrah, Zakãt al-Abdan (or Zakãt of Bodies)

Question 045: What is Zakat al-Fitrah and on whom its payment is obligatory? Can you also please let me know the commodity for, and the quantity of and the time when Zakãt of Fitrah becomes obligatory Zakät?

Brief Answer 045: At the time of sunset on Eid ul fitr night (i.e. the night preceding Eid day), whoever is adult and sane and is neither unconscious, nor poor, nor the slave of another, he should give, on his own behalf as well as on behalf of all those who are his dependents, about three kilos per head of wheat or barley or dates or raisins or rice or millet etc. It is also sufficient if he pays the price of one of these items in cash. As per obligatory precaution, he should not give from that food which is not staple in his place, even if it be wheat, barley, dates or raisins.[1] Read More

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Things on which Payment of Zakat is Obligatory or Recommended

Question 044: Can you please tell us those things on which payment of zakat is either obligatory or recommend?

Answer 044: Zakãt is obligatory on three cattle, namely, camels, cows and sheep (male and female both), two rich minerals, namely, gold and silver, and four cereals, namely, wheat, barley, dates and raisins (or currants), and it is not obligatory except on these nine items.

Note: some scholars have considered Zakat to be payable on the wealth in business, as a necessary precaution.[1] Some other scholars consider payment of Zakat on invested capital as recommended.[2]

Zakãt is approved on fruits and other things grown on land including even saitwort excluding vegetables or green crops (of grain) like Qatt (a grain eaten by desert people after pounding it), brinjal (or aubergine), cucumber, melon and the like. It is not free from difficulty in declaring payment of Zakät to be approved in case of (other) grains The same is the case with merchandise and mares. As regards horses, ponies and donkeys, Zakãt is not approved in their case.

The followings are rules relating to the nine items (1. Wheat, 2. Barley, 3. Dates, 4. Raisins, 5. Gold, 6. Silver, 7. Camel, 8. Cow, 9. Sheep (including goat).), on which Zakãt is obligatory.

Payment of Zakat on Cattle: There are four conditions for the obligation of Zakat on cattle in addition to those mentioned earlier. They are: the Nisabs (criteria of payment of Zakat), grazing in the pastures, completion of one full year and their not being employed for service.

  1. Nisãbs of Zakat on Camels: There are the following twelve Nisäbs on camels:
  2. One sheep on each unit of 5 camels.
  3. Two sheep on each unit of 10 camels.
  4. Three sheep on each unit of 15 camels.
  5. Four sheep on each unit of 20 camels.
  6. Five sheep on each unit of 25 camels.
  7. One Bint-i Mukhãd on each unit of 26 camels.
  8. One Bint-i Labun on each unit of 36 camels.
  9. One Hiqqah on each unit of 46 camels.
  10. One Jadha’ah on each unit of 6l camels.
  11. Two Bint-i Labun on each unit of 76 camels

11 Two Hiqqah on each unit of 91 camels.

  1. On each unit of 121 camels Zakãt shall be charged in the following way one Hiqqah on each 50 camels, one Bint-i Labun on each 40 camels, which means that it shall be obligatory to charge the Zakãt according to the rates of these numbers wherever applicable. If action cannot be taken without both these numbers, both of them shall be taken into account. One may take into account either or both of them Therefore, one cannot imagine a case where action cannot be taken accordingly; rather, it can be attained in one of the ways in case of groups of ten Of course, in case of a number consisting of units (i. e., numbers from one to nine) lying between two groups of ten, one cannot imagine action on them .So action shall be taken by counting in a way that may take in

all the numbers without taking into account the units So in case of the number being 121 camels, three forties shall be taken into account and three Bint-i Labuns shall be payable as Zakãt.

Again, in case of the number being 130 camels, two forties and one fifty shall be taken into account, and two Bint-i Labuns and one Hiqqah shall be payable as Zakãt. In case there are 140 camels, two fifties and one forty shall be taken into account, and two Hiqqahs and one Bint-i Labun shall be payable as Zakãt In case there are 150 camels, three fifties shall be taken into account, and three Hiqqahs shall be payable as Zakãt Where there are 160 camels, four forties shall be taken into account, and four Bint Labuns shall be payable as Zakãt. Action shall be taken in a similar way until the number reaches 200 camels, when one may account for five forties and pay five Bint-i Labuns, or account for four fifties, and pay four Hiqqahs.

  1. Nisãbs of Zakát on Cows & Buffaloes: There are two Nisabs for cows including buffaloes, one where they are 30 and the other where they are 40. So for each 30 cows one Tabi’ or one Tabi’ah, and for each 40 cows one Musnah shall be paid as Zakãt. Here too the rule should be applied, as far as possible, taking into account the above standard of payment of one Tabi’ or Tabi’ah for each 30 Cows and one Musnah for each 40 cows. There is no Zakãt until the number reaches sixty. When the number reaches sixty one cannot imagine that the rule cannot be applied to groups of ten, when they are accounted for according to thirty – thirty or forty – forty or they may be together (i.e.30-40). So in case of 60 cows, they shall be counted as two thirties, and two Tabi’s shall be paid as Zakät. In case of 70 cows, they shall be accounted for as 30 and 40, and one Tabi’ and one Musnah shall be paid as Zakãt. In case of 80 cows, they shall accounted for as two forties, and two Musnahs shall be paid as Zakat. In case of 90 cows, they shall be accounted for as three thirties, and three Tabi shall be paid as Zakät. In case of 100 cows, they shall be accounted for as two thirties and one forty, and two Tabi’ahs and one Musnah shall be paid as Zakãt. In case of 110 cows, they shall be accounted for as two forties and one thirty. (and two Musnahs and one Tabi’ah shall be paid as Zakat). In case of 120 cows, one may either account for as four thirties or three forties (and make payment accordingly)
  2. Nisãbs of Zakãt on Sheep: There are five Nisãbs of Zakãt on Sheep.
  3. For each unit of 40 sheep – one sheep.
  4. For each unit of 121 sheep – two sheep.
  5. For each unit of 201 sheep – three sheep.
  6. For each unit of 301 sheep – 4 sheep, according to the more cautious opinion The problem is, however, very difficult.
  7. For 400 sheep or above, for each 100 sheep – one sheep, how high so ever the number may be.

Rules Concerning Grazing in Pastures: It is a condition that the cattle (on which payment of Zakãt is obligatory) should have grazed in the pasture throughout the year, so that if it happens to be fed on fodder during the year in a way that according to the custom or tradition it may cease to be called a cattle grazing in the pasture, it shall not be obligatory to pay Zakat on it

Rules Concerning (Completion of a Whole) Year: A year is considered to be complete after the passage of eleven months. Apparently the Zakãt is shifted to its owners (i.e. those who are entitled to receive it) at the start of the twelfth month when it becomes their wavering ownership and its payment becomes obligatory unwaveringly, and so it is not permissible for the owner of the property to make any changes in it which may deprive those entitled to receive it of their right. In case he does, he shall be held responsible for it. Of course, if any of the conditions are not fulfilled unintentionally in a way that the property falls short of the Nisab during the twelfth month, the property shall return to its previous owner, and the obligation for the payment of Zakãt shall be dropped. According to the stronger opinion, twelfth month shall be counted in the first year and not in the second.

Rules Concerning the Last Condition: It is also a condition (for the payment of Zakat) that the cattle (on which Zakãt is to be charged) should not have been employed for service throughout the year. In case they are employed for service, although for a short period of time, no Zakat shall be payable for them, even if they happen to be grazing (in the pasture). The criterion for determining whether they are employed for service is the prevalent or usual practice.

Note: Neither sick cattle shall be accepted as Zakät for healthy cattle, nor shall old cattle for the Zakät of young cattle. Similarly, defective cattle shall also not be accepted as Zakãt for sound cattle, even if they fall under the Nisãb.

Zakät on Gold and Silver: The following are some conditions in addition to the general conditions already understood.

First: Nisäb

I – Nisãb of Zakat on Gold: In case of gold, the Nisãb of Zakat is twenty Dinars, whose Zakãt is ten Qirats which is equal to half a Dinar, and one Dinar is one Shar’i Mithqal which is equal to 3/4th of a Sayrafi Mithqal. So twenty Dinars come to fifteen Sayrafi Mithqals, and its Zakãt amounts to 4/8th of a Mithqal. There shall be no Zakat on less than twenty Dinars of gold, nor if it exceeds a little until the excess reaches four Dinars, and that is equal to three Sayrafi Mithqals whose Zakãt is two Qirats, as one Dinar = 20 Qirãts. The same amount shall be payable for each excess of four Dinars, and there shall be no Zakãt on any amount of gold which is less than four Dinars, but not in the sense that there shall be no Zakãt on it at all, as is the case when gold is less than twenty Dinars, but what is meant by exemption of whatever lies between two Nisabs is whatever exceeds the amount of Nisãb until its reaches another Nisab shall be supposed to belong to the previous one. So the first Nisab of gold begins from twenty Dinars until twenty-four Dinars, and it falls under the first amount of Zakãt that is half a Dinar.

Once the amount reaches twenty-four Dinars, two Qirats shall be added to the amount of Zakãt, and it shall remain so until it reaches twenty-eight Dinars, when another two Qirats shall be added to the amount of Zakãt, and so on.

2 – Nisãb of Zakat on Silver: The Nisãb of Zakãt on Silver is two hundred Dirhams of which Zakãt is five Dirhams. Then on each amount exceeding forty Dirhams, there shall be an addition of one Dirham in the amount of Zakãt, whatever the amount may be. There shall be (initially) no Zakãt on silver of less than two hundred Dirhams, and so also there shall be no Zakãt on an excess of less than forty Dirhams, in the sense already explained under the rules relating to the Zakãt on gold. A Dirham is equal to six Dawaniq, which is equal to half of one-fifth Shar’i Mithqal, as each ten Dirhams are equal to seven Shar’i Mithqals.

Explanation: The general rule in the payment of Zakãt on gold and silver is that when each of them reaches the Nisab i.e. twenty Dinars in case of gold and two hundred Dirhams in case of silver, 1/40th of the amount of gold or silver, as the case may be, shall be paid as Zakãt, and so its owner shall be considered to have paid what was due. If a person pays a bit more than the due amount of Zakãt, there shall be no objection, rather it shall be better and shall add to the beneficence.

Second: For the obligation of payment of Zakãt on a gold or silver coin, it should bear the seal of a king or somebody like him of whatever time or place, belonging to Islam, or a non-believer, with writing on it or without it, even if the writing has been obliterated for some reason. In case a coin of gold or silver does not originally bear a seal or writing, payment of Zakãt shall not be obligatory on it, except when it was in currency, in which case, according to the more cautious opinion, it shall be obligatory to pay Zakát on it. If a coin (of gold or silver) is used, for example, as an ornament for decoration, then it shall not be obligatory to pay Zakãt on it, regardless whether its value exceeds (the limit of Nisäb) or falls short of it, and whether it was used in a way as transaction or not.

Third: Completion of a year. It is also a condition that the whole Nisab should subsist for a full year. If, therefore, during the year it falls short of the required limit or it is changed in substance, etc., or by means of casting, even if in order to escape payment.[3]

For further information in this regards, please refer to following answer:

Index: Zakat of Gold and Silver and its criterion, answer 039.

Index: Zakat and difference between Sayyid and non-Sayyid holms, answer 040.

[1] Tawzih al-Masail (with annotation by Imam Khomeini), vol.2, p. 107, issue No.1853, Grand Ayatollah Sistani: “As an obligatory precaution, upon the wealth in business”.

[2] Ibid. Grand Ayatollah Fazel Lankarani: “It is recommended that Zakat should also be paid from the capital of business, trade and commerce every year”; Ayatollah Makarem Shirazi: “It is recommended that Zakat should also be paid from the capital of business, trade and commerce every year. Similarly, it is recommended to pay Zakat on grains other than wheat, barley, dates and raisins.”

[3] Tawzih al-Masail (with annotation by Imam Khomeini), vol.2, Pg. 107, issue No.1853; Ibid, Pg. 131; Tahrir al-Wasilah, vol.2, Pgs. 614-615, issue No. 5-7; Ibid, Vol. 1, rules concerning “Things on which Payment of Zakàt is Obligatory or Recommended”.

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Zakat and difference between Sayyid and non-Sayyid holms

Question 040: What is the relevance of differentiating between Sayed holms and Non-Sayyed holms. I have never seen or heard of it until recently? Is one supposed to pay more than the other? There were two holms boxes at Eid prayer. One for Non-Sayyed and the other for Sayyed. So, I wanna know about Zakat and difference between Sayyid and non-Sayyid holms?

Answer 040: The only difference is that, a person, who is not a Sayyid, cannot give fitra to a Sayyid, and if that Sayyid is his dependent, he cannot give to another Sayyid either.

Whoever is adult, sane and is neither unconscious, nor poor, nor the slave of another. He should give, on his own behalf, as well as on behalf of all those who are his dependents. Read More

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Zakat of Gold and Silver and its criterion

Question 039: In Sunni tradition, any pure gold a person possesses, even as given as a gift, one must pay a yearly zakat based on its weight. Does the same tradition apply to the Shia?

Answer 039: If gold or silver meet the criterion of being made into coins, and are in currency for transactions, are in one’s possession, and reach the taxable limits, zakat will apply. If these coins are made into ornaments and used by women as ornaments, (E.g., necklaces and bracelets) then zakat will no longer apply.

If gold or silver do not meet the criteria mentioned above, like in the case where they aren’t used as currency in transactions, then zakat will not apply. Based on this, since the gold used today isn’t used as currency, zakat does not apply to it.

If the gold or jewelry being used isn’t for the woman’s ornamental needs, or exceeds their social status, and a khums year passes, it will be subject to khums.[1]

[1] . An inquiry from the office of the Supreme leader; Imam Khomeini, Tawdih al-Masa’il (annotated), researched and corrected by: Bani Hashemi Khomeini, Sayyid Mohammad Hosein, vol. 2, pp.128-132, Islamic Publications Press, Qum, eighth edition, 1424 AH. Tawdih al-Masa’il (annotated), vol. 2, pg. 131; Sistani and Saafi Golpaygani (inquiry from their offices); Zanjani: “Gold and silver coins used as currency that women use as ornaments, if are still commonly used in transactions as currency, are subject to zakat, but if they aren’t commonly used in transactions as currency, zakat will not apply, but it is still a recommended precaution to pay their zakat as well.” Tawdih al-Masa’il (annotated), vol. 2, pg. 130. Tawdih al-Masa’il (annotated), vol. 2, pp. 128-132. Makarem Shirazi (inquiry from office). Makrem Shirazi, Sistani, and Saafi Golpaygani (inquiries from offices).