Home » Hanafi Fiqh » Darulifta-Deoband.com » (1) My father-in-law has granted a land to my wife and her sister. Since we live in a different town therefore he transferred the land in my sister-in-laws. My sister-in-law has told us that whenever we need the money she can sell the land and give the money to us. In this scenario: (a) Are we supposed to pay zakah on the current value of this land? (b) If yes, then can I postpone the zakah till we are able to sell the land which may happen next year, since we do not have much cash to pay for it? We plan to calculate zakah on this month value and keep in the books to be paid when we sell it. (c) Since I am married, so as a husband can I pay my zakah as I am also the head of the family and my wife has typically very few cash with her other than her pocket money given to her on monthly basis. (2) Who is supposed to pay zakah for the jewellery that belongs to my wife? (a) Can I as a husband pay zakah on behalf of my wife due to the reasoning given above? (b) If my wife is supposed to pay then how can she pay as she does not have enough money with her? (c) Can I as a husband gift her some money which she can then pay for zakah?

(1) My father-in-law has granted a land to my wife and her sister. Since we live in a different town therefore he transferred the land in my sister-in-laws. My sister-in-law has told us that whenever we need the money she can sell the land and give the money to us. In this scenario: (a) Are we supposed to pay zakah on the current value of this land? (b) If yes, then can I postpone the zakah till we are able to sell the land which may happen next year, since we do not have much cash to pay for it? We plan to calculate zakah on this month value and keep in the books to be paid when we sell it. (c) Since I am married, so as a husband can I pay my zakah as I am also the head of the family and my wife has typically very few cash with her other than her pocket money given to her on monthly basis. (2) Who is supposed to pay zakah for the jewellery that belongs to my wife? (a) Can I as a husband pay zakah on behalf of my wife due to the reasoning given above? (b) If my wife is supposed to pay then how can she pay as she does not have enough money with her? (c) Can I as a husband gift her some money which she can then pay for zakah?

(1) My father-in-law has granted a land to my wife and her sister. Since we live in a different town therefore he transferred the land in my sister-in-laws. My sister-in-law has told us that whenever we need the money she can sell the land and give the money to us. In this scenario:
(a) Are we supposed to pay zakah on the current value of this land?
(b) If yes, then can I postpone the zakah till we are able to sell the land which may happen next year, since we do not have much cash to pay for it? We plan to calculate zakah on this month value and keep in the books to be paid when we sell it.
(c) Since I am married, so as a husband can I pay my zakah as I am also the head of the family and my wife has typically very few cash with her other than her pocket money given to her on monthly basis.
(2) Who is supposed to pay zakah for the jewellery that belongs to my wife?
(a) Can I as a husband pay zakah on behalf of my wife due to the reasoning given above?
(b) If my wife is supposed to pay then how can she pay as she does not have enough money with her?
(c) Can I as a husband gift her some money which she can then pay for zakah?

Answer

(Fatwa: 1469/2001/D=1433)

(1) In the case mentioned no zakah is wajib on the land or its price.
(2) When zakah is not wajib then there is no need to go into the detail.
(3) If zakah is fardh on your wife because she possesses gold, silver and cash etc then the zakah of her jewelleries and cash is wajib on her. She will have to pay it whether by selling the jewelleries. However if you pay her zakah after telling her then zakah shall be paid from her side.

Allah (Subhana Wa Ta’ala) knows Best

Darul Ifta,
Darul Uloom Deoband

This answer was collected from the official ifta website of Darul Uloom Deoband in India.

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