I and my wife together have 210 gm of gold jewelleries and now I am under debt of 5.10 lakhs borrowed 3 years back from my one friend and one relative and other 7.5 lakhs is the share I have to give to my younger brother from my house as his share (virsa) after my father expired last year before Ramadan. I do not have any cash or any other savings with me, do I have to pay zakah on gold jewellery. Point to note is that my brother, friend and relative all three has Alhamdulillah told me to return as and when I am financially comfortable, they will not question me, in-shaAllah. One Molvi here in Mumbai said I am not liable to pay zakah as my debt is more than me and my wife’s gold ornaments, but as I am under no pressure or deadline to pay debt then I should pay the zakah on gold jewellery I have. Please clarify. (Note: I have 4 children-3 daughters and one son).
بسم الله الرحمن الرحيم
(Fatwa: 1125/D-251/File-D=10/1434)
In order to pay zakah the calculation of the property of both of you shall be made on separately. Hence first make it clear that who is the owner of jewelleries? And if both of you are owner of some quantity then it is necessary to fix the quantity that who owns how much. Likewise, you will have to know who owe debts and who owns the shares.
If the wife is the owner of the jewelleries then zakah shall be wajib on her and if you are the owner then explain the above mentioned point.
Allah knows Best!
Darul Ifta,
Darul Uloom Deoband