Question (Q-49):
Zaid has been saving money to buy a house since he does not own a property in which he can reside. Does Zaid have to pay Zakāh for this money that he has saved for this purpose? Will it be necessary to pay Zakāh for the house once he has managed to purchase it?
Answer:
It is necessary for Zaid to pay Zakāh on these savings if they reach the level of Nisāb (threshold) and a year has passed since he had Nisāb in his possession. This is the case even if he has saved the money for the purpose of buying his first house for residence. Once he has used this money to purchase a residential property, the property will be from his basic necessities (Al Hājat Al Asliyyah). There will be no Zakāh due upon this property.
It is stated in Radd ul Muhtār, Volume 2, Page 262,
ان الزکاة تجب في النقد کيفما امسکه للنماء او للنفقة کذا في البدائع في بحث النماء التقديري
“Zakāh is necessary upon cash regardless of the purpose for which it is saved – whether it is to increase savings or for expenditure. This is what is stated in Al Badā’i in the discussion in relation to hidden growth of wealth.”
The words within the works that class the money spent on basic necessities to not be included in the amount upon which Zakāh is necessary are referring to the money that has already been spent. This is what is stated in Taqrīrāt Ar Rāfi’ī.
It is stated in Al Fatāwā Al Hindiyyah, Volume 1, Page 192,
الذهب والفضة لأنهما لا يصلحان للإنتفاع بأعيانهما في دفع الحوائج الأصلية فتجب الزکاة فيهما نوي التجارة أو لم ينواصلا أو نوي النفقة وهکذا في البدائع ج٢،ص١٧
“Zakāh is necessary upon gold and silver regardless of whether the intention is of trading or not, and even if the intention is to use them for expenditure. This is because gold and silver are not able to give benefit towards the fulfilment of basic necessities by themselves. This is what is stated in Al Badā’i.”
Allah (تعالى) is Most Knowing
Written by Muftī Shamsulhudā Khān Misbāhī (Allah preserve him)
