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Q : i recently got married on feb 20th 2009. my wife brought gold jewellery with her on which her mother used to pay zakat every ramadan since the time they were bought…

Answered according to Hanafi Fiqh by Askimam.org

assalaam-o-oalaikum!
my question is regarding zakat payment

i recently got married on feb 20th 2009
my wife brought gold jewellery with her on which her mother used to pay zakat every ramadan since the time they were bought
she was also given gold jewellery from my side as gifts
now all jewellery is in her posession out of which certain small sets she has brought along when she came to live with me in australia the big ones r back @home
now the month of ramadan has passed i did not pay for her zakat

1)did i hav to pay in ramadan as i havent ,can i pay now?please clarify in detail wht will be the calculation procedure
2)it has not been a year since she got in her custody will tht one year period be calculated from the date of marriage (english or lunar)?
3)can the zakat on all items be paid together some r new recently bought and some r quite old like 2-5 years back?zakat on them was being paid by my mother in law every ramadan?
4)wht is the amount in australian $ to be sahib-e-nisaab.

Answer

In the name of Allah, Most Gracious, Most Merciful


Assalaamu `alaykum waRahmatullahi Wabarakatuh

 

It is important to note that each person will give zakāh on his wealth and belongings separately. Therefore, in calculating zakāh you will not count your wife’s jewellery and other belongings. She will pay her zakāh individually from you.

 

You stated in your query that “my wife brought gold jewellery with her on which her mother used to pay zakat every ramadan…” if your wife’s mother owns the jewellery and is merely borrowing the jewellery to your wife then your mother in law would have to discharge the zakāh of the jewellery. If your wife owns the jewellery then it is her responsibility to discharge the zakāh. As niyyah (intention) is a prerequisite for the fulfilment of zakāh, if you wish to discharge your wife’s zakāh you would have to first ask her consent.

 

البحر الرائق – (ج 2 / ص 210)

ولو أدى زكاة غيره بغير أمره فبلغه فأجاز لم يجز ؛ لأنها وجدت نفاذا على المتصدق ؛ لأنها ملكه ، ولم يصر نائبا عن غيره فنفذت عليه ولو تصدق عنه بأمره جاز ويرجع بما دفع عند أبي يوسف ، وإن لم يشترط الرجوع كالأمر بقضاء الدين وعند محمد لا رجوع له إلا بالشرط ، وتمامه في الخانية

 

At the end of your zakātable year you need to calculate all your wealth, even though a complete year might have not passed on the total amount. For example, a person calculates his zakāh on the 1st of Ramadhān. On the 1st of Ramadhān he owns R20 000 worth of jewellery. On the 20th of Safar he bought more jewellery to the value of R10 000. The next year on the 1st of Ramadhān he would pay zakāh on the total value of R30 000.

 

The answers to your queries are as follows:

 

  1. Zakāh has become wājib (obligatory) in Ramadhān. You could pay it whenever possible. However, you should not delay unnecessarily.

 

  1. Zakāh would be calculated from the date a person became sahib nisāb (a person owned the minimum amount required for zakāh). If your wife owned the nisāb amount before receiving the jewellery etc then she would add the jewellery to her previous nisāb. If she did not own the nisāb then she would calculate her year from the time she owns the nisāb. Zakāh would be calculated according to the lunar calendar.

 

  1. When calculating the amount of zakāh a person will add the amount of cash at hand, stock of trade (in any), debt receivable and amount of gold and silver. Thereafter, you minus any debts payable. 2.5% of the total will be your zakāh payable. Below is a table to illustrate the calculation of zakāh:

 

Example of Calculating zakāh

Cash

R10 000

Stock

R10 000

Debts Receivable

R10 000

Jewellery (Gold, Silver)

R10 000

Other zakātable Items

R10 000

Debts Payable

R10 000

Total

R40 000

X 2.5%

R1000

 

 

  1. The amount of nisāb is 87.48 grams of gold or 612.36 grams of silver. (Ahsanul Fatāwā 4/264) If a person owns gold, silver or cash to the value of the nisāb he will have to give zakāh. You should find out the price of gold/silver in Australia and calculate it to the above given nisāb.

 

And Allah knows best

Wassalaamu `alaykum

Ml. Ishaq E. Moosa,
Student Darul Iftaa

Checked and Approved by:

Mufti Ebrahim Desai
Darul Iftaa, Madrassah In’aamiyyah

 

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This answer was collected from Askimam.org, which is operated under the supervision of Mufti Ebrahim Desai from South Africa.

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