Yusuf Chambers: If a person has gold or silver jewelry which they tend to use, do they have to pay Zakaat on that?
Dr. Zakir: As far as paying Zakaat on gold and silver jewelry, if a person is using it there is difference of opinion one group of scholars say that Zakaat may need not be given while the other group of scholars say that Zakaat should be given.
According to the scholars like Imam Malik, Imam Shafi and Imam Ahmad Ibn Humbal, may Allah have mercy on them, all of them say Zakaat need not be given on gold and silver jewelry if it’s being used.
Based on the Hadith of Al Baihaqi where
“Jabir Ibn Abdullah (may Allah be pleased with him) when he was asked that is Zakaat liable on gold and silver jewelry if it is being used. He said that Zakaat is not liable even if it’s a thousand Dinaar. Means if thousand Dinaar worth of gold then Zakaat is not liable.”
Its mentioned in the Hadith of Baihaqi that
“Asma Bint Abu Bakr, the daughter of Hazrat Abu Bakr (may Allah be pleased with him) she used to put jewelry on her children, on her daughters and the jewelry was more than 50,000 dinaar of gold but yet she never used to pay Zakaat.”
And another Hadith which is mentioned in
Mawutta Al Malik that
“Hazrat Aisha (may Allah be pleased with her), the wife of the Prophet, she used to take care of her nieces who wore gold jewellery but she never paid Zakaat on that”
So based on this Hadith, all the hadiths are Sahih based on these 3 hadiths and other some Hadith these scholars say that Zakaat need not be given.
But the other group of scholars like Abu Hanifa, Ibn Hazab (may Allah have mercy on them) these group of scholars, they say that Zakaat should be given on gold jewelry even if its worn. And they give various verses of the Quran and the Hadith for example
Allah says in the Quran inSurah Tawbah ch. no. 9 verse no. 34 and 35 that
“As to those who hoard gold and silver and spend it not in the way of Allah (Subhanahu wa Ta’ala)”
Meaning those who don’t give Zakaat
“Announce to them a grievous penalty and that wealth will be heated in the fire of hell and with that they will be branded on their forehead, on their flanges and on their back and it will be told to them that have the taste of wealth that you hoarded.”
So here it says that anyone who does not give Zakaat, hoard gold and silver, hoard it and don’t give Zakaat he will be branded with fire. So based on this verse in the Quran, they say irrespective whether you are using it or not, you have to pay Zakaat.
And the Hadith of Muhammad (Sallallahu alaihe wa sallam) in
Sahih Muslim Vol. no. 2 in the Book of Zakaat Hadith no. 2161 that
“All those who hoard gold and silver and spend it not in the way of Allah (Subhanahu wa Ta’ala), a plate of fire would be made on the day and they’d be heated in the hellfire and with them they will be branded on their flanges, on the forehead and on their backs.”
And then he recited the verse of the Quran of Surah Ale Imran ch. 3 verse no. 180 that those who do not spent in the way of Allah (Subhanahu wa Ta’ala)…
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