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Zakat on Personal Jewelry
Bismillahir rHrH,
Assalamu alaikumu wRwB,
HADITH-12 CLASS-Fiqh
TEXT:
>From Ummu salamah RA,who used to wear a bright [jewelry] made of gold.
She said,Oh Messenger of Allah,Is it[the jewelry] a treasure?He-SAW
replied,If you give out its Zakat,then it is not a treasure...Abu Dawud,
Daraqutniy.
COMMENTARY:
Zakat is paid out on money-gold,silver and according to most opinions
paper money.Zakat of gold/silver become necessary with the conditions
that;1-their weight has reached a certain minimum,nisab.2-atleast the
nisab is fully owned by the individual.3-that the nisab has been with
the individual for atleast one year.The nisab for gold is 20 dinars and
for silver is 200 dirhams.A dinar of gold equals in weight 72 medium
sized wheat grains,while a dirham of silver equals 52.4 medium sized
wheat grains;that is gold nisab weight equals 1440 medium sized wheat
grains,and silver nisab weight equals 10480 medium sized wheat grains.
In principle an individual who satisfies above is mandatorily required
to give out 2.5 per cent of the money-gold,silver or paper money equiva
lent-annually as Zakat.But is the individual also required to pay out
Zakat on his/her personal jewelry,used for adornment not for business?
Allah SWT says...'And there are those who hoard gold and silver and
spend it not in the way of Allah:announce unto them a most grievous
chastisement....on the day when it will be heated in the fire of hell,
and with it will be branded their foreheads,their flanks and their
backs"This is the[treasure]which you hoarded for yourselves,taste ye
then,the[treasure]ye hoarded"'9:34,35.In the textual hadith above
Ummu salamah RA clarified on whether personal jewelry is similar to
treasure as used in the verse above.Zakat on it is implied by the
prophet,in his reply,to be necessary.
In another narration Amr Ibn Shuaibu reported,'That a woman with her
daughter,the latter wearing two gold bracelets in her hand,came to the
prophet SAW.He said,Do you pay zakat on them.She said,No.He said,Do you
want Allah to make you wear bracelets of fire on the day of judgement?
She then cast them away'.The hadith has been brought in other narrations
with slight variations.
In a similar theme A,ishah RA,herself,reported that she entered upon the
messenger of Allah SAW who saw in her hands silver earrings and he asked
her about them and she replied;'I made them to beautify myself for you,
Oh Messenger of Allah.'He said,Did you pay Zakat on them'and she replied
No,then He said'Their punishment in hell fire is enough for you'.
Based on the foregoing some ulama-Abu Hanifa,Ibn hazm and Hadawiyah sect
etc-opined that Zakat is necessary on personal jewelry used for
adornment.They hold that its nisab should be as for gold/silver,as
stated above.Yet others agree with the above,but hold that Zakat should
be given once only,rather annually.
On the other hand,there are precedents from sahaba that imply,no zakat
is warranted on jewelry.Once Jabir Ibn Abdullah was asked about [zakat]
of jewlry;he replied none is needed even if it surpasses 1000 dinars.
Similarly it has been reported that Asmau bint Abubakar RA used to adorn
her daughters with gold without paying zakat.It is related from Muwatta
that'A,ishah used to take care of her nieces ,who were orphans under her
protection,and adorned them with jewelry without paying its zakat'.Also
reported from Muwatta is that 'Abdullah Ibn Umar used to adorn his
daughters and slave girls with gold without paying out zakat'.Malik,
Ahmad Ibn Hanbal and Shafie,in one of his opinions,hold that there is no
Zakat on women's jewelry regardless of its value.In this regard most of
the Maliki scholars also contend that no zakat is to be given for
jewelry used for adornment by women.Sayyid Sabiq concluded that
Al-Khattabi said it is better to pay zakat to be on the safer side.
The prophet SAW is reported to have cautioned a sahabi who had worn a
gold ring;He said,'How do I see you with the adornment of ahl jannah
before you enter it..'.Islam generally abhors gold adornment for men ie
rings,watches,jewelry etc.Scholars have opined that whenever men use
gold jewelry,or both men and women use forbidden items like gold or
silver utencils[plates,spoons etc];Zakat should mandatorily be paid,like
the case of gold/silver used for business or held as stock.
Allah SWT knows best.Maasalam,AGH.
NB:It would be very helpful if someone could provide us with the actual
gold weights for nisab in grams or ounces,and also the monetary
equivalent of the nisab in naira and ameriacan dollar.There probably
should be a periodic update-in both nigeria and on nmn-on these
values,which are not static.Perhaps nmn or the education/awareness
committee of nmf should consider this task as values for related things
like zakat,dowry,diya etc are dynamic.
References:
1-Quran 9:34-35.Yusuf Alis translation.
2-Sublus salam[Sharh of Bulugul Maram] by Muhammad Ismail As-sananiyyi
Vol 2,Hadiths 579-580,pg 270-1.
3-Fiqhus Sunnah by Sayyid Sabiq Vol 1,pg 330-331.
4-Ashalil Madarik[Sharh Irshadus Salik] by Abu Bakr Ibn Husain
Vol 1,pg 366-9.
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