The
scholars are agreed that zakaah is obligatory on gold and silver
jewelry if it is a kind of adornment that it is haraam to use, or if
it is prepared for trading etc. But if it is a permissible kind of
jewelry that is intended to be used or loaned, such as a silver ring
or women's jewelry, or things that it is permitted to use to adorn
weapons, then there is a difference of scholarly opinion as to
whether zakaah is obligatory on these things. Some scholars say that
zakaah is obligatory on them because they are included in the general
meaning of the aayah (interpretation of the meaning):
"And
those who hoard up gold and silver (surplus money, the Zakaah of
which has not been paid) and spend them not in the way of Allaah,
announce unto them a painful torment" [al-Tawbah
Al-Qurtubi
said, in his tafseer of this aayah: "Ibn
'Umar explained the meaning of this in Saheeh al-Bukhaari, when a
Bedouin said to him, 'Tell me about the aayah (interpreation of the
meaning), "And those who hoard up gold and silver."' Ibn
'Umar said: '(It means) the one who stockpiles them and does not pay
zakaah on them - woe to him. This was before (the order to pay)
zakaah on them was revealed, and when it was revealed, Allaah made it
a means of purification of wealth.'" (Narrated by
al-Bukhaari, 2/111, ta'leeqan; 5/204, also ta'leeqan. Ibn Maajah,
1/569-570, no. 1787. Al-Bayhaqi, 4/82).
Other
ahaadeeth also imply this, such as the hadeeth narrated by Abu
Dawood, al-Nasaa'i and al-Tirmidhi from 'Amr ibn Shu'ayb from his
father from his grandfather, (who said) that a woman came to the
Prophet (peace and blessings of Allaah be upon him) with her
daughter, on whose hands were two heavy bracelets of gold. He said to
her, "Do you pay zakaah on these?"
She said, "No." He said, "Would you like Allaah to
replace them for you with bracelets of fire on the Day of
Resurrection?" So she took them off and gave them to the Prophet
(peace and blessings of Allaah be upon him) and said, 'These are for
Allaah and His Messenger.'"
(Narrated
by Ahmad, 2/178, 204, 208; Abu Dawood, 2/212, no. 1563; al-Tirmidhi,
3/29-30, no. 637; al-Nasaa'i, 5/38, no. 2479, 2480; al-Daaraqutni,
2/112; Ibn Abi Shaybah, 3/153; Abu 'Ubayd in al-Amwaal, p. 537, no.
1260 (Harraas edn.); al-Bayhaqi, 4/140).
It
was narrated by Abu Dawood in his Sunan, al-Haakim in al-Mustadrak
and al-Daaraqutni and al-Bayhaqi in their Sunans that 'Aa'ishah (may
Allaah be pleased with her) said: "The
Messenger of Allaah (peace and blessings of Allaah be upon him)
entered upon me and saw on my hands rings of silver. He said, 'What
is this, O 'Aa'ishah?' I said, 'I had them made so that I could adorn
myself for you, O Messenger of Allaah.' He said, 'Do you pay zakaah
on them?' I said, 'No' or 'Whatever Allaah wills.' He said, 'This
would be enough to take you to Hell.'"
(Narrated
by Abu Dawood, 2/213, no. 1565 - this version was narrated by him;
al-Daaraqutni, 2/105, 106; al-Haakim, 1/389-390; al-Bayhaqi, 4/139)
It
was narrated that Umm Salamah said: "I
used to wear jewelry of gold, and I said, 'O Messenger of Allaah, is
this kanz (money, the Zakaah of which has not been paid, cf.
al-Tawbah
(Narrated
by Abu Dawood, 2/212-213, no. 1564; al-Daaraqutni, 2/105; al-Haakim,
1/390; al-Bayhaqi, 4/83, 140).
Some
scholars said that there was no zakaah to be paid on it, because by
using it in a permissible manner, it becomes like clothing and other
items, and is not like a product that has a commercial value. They
responded to the general meaning of the aayah [al-Tawbah
Abu
'Ubayd said in his book al-Amwaal: "Ismaa'eel ibn Ibraaheem told
us, from Ayyoob, from Naafi', from Ibn 'Umar, that he would marry one
of his daughters for ten thousand (as mahr), of which he would make
her jewelry four thousand, and they did not pay zakaah on that."
(A similar report was narrated by al-Daaraqutni, 2/109; Abu 'Ubayd in
al-Amwaal, p. 540, no. 1276 (Harraas edn.); al-Bayhaqi, 4/138).
He
said: "Ismaa'eel ibn Ibraaheem told us, from Ayyoob, from 'Amr
ibn Deenaar, who said: 'Jaabir ibn 'Abd-Allaah was asked, "Is
there any zakaah on jewelry?" He said, "No." He was
asked, 'What if it reaches (the amount of) ten thousand?" He
said, "That is a lot."'" (Narrated by
al-Shaafa\'i in al-Musnad (edited by al-Sindi), 1/228, no. 629;
al-Umm, 2/41; also narrated by Abu 'Ubayd in al-Amwaal, p. 540, no.
1275 (Harraas edn.); al-Bayhaqi, 4/138).
The
more correct of these two views is the view that zakaah on jewelry is
obligatory, if it reaches the nisaab (amount of wealth at which
zakaah becomes obligatory), or if the owner possesses enough gold,
silver and trade goods to complete the nisaab - because of the
general meaning of the ahaadeeth which state that zakaah is
obligatory on gold and silver. There is no saheeh hadeeth which
exclused it (jewelry) as far as we know. The ahaadeeth of 'Abd-Allaah
ibn 'Amr ibn al-'Aas, 'Aa'ishah and Umm Salamah quoted above mention
this, and these are jayyid ahaadeeth with no valid criticism
concerning their isnaads, so we should act upon them. Although
al-Tirmidhi and Ibn Hazm regarded them as da'eef (weak), there is no
solid evidence for this, as far as we know. We should note that
al-Tirmidhi (may Allaah have mercy on him) may be excused for what he
said, because he quoted the hadeeth of 'Abd-Allaah ibn 'Amr with a
da'eef isnaad, but it was narrated by Abu Dawood, al-Nasaa'i and Ibn
Maajah with a different, saheeh, isnaad, which al-Tirmidhi probably
did not discover.
And
Allaah is the source of strength. May Allaah bless our Prophet
Muhammad and his family and companions, and grant them peace.
Standing
Committee on Academic Research and Issuing Fatwas, 9/264
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