Series of Answers by the Eminent Scholar Ata Bin Khalil Abu Al-Rashtah, Ameer of Hizb ut Tahrir, to Questions from Visitors to his Facebook Page
To: Luay Sbeih
Question:
Assalamu Alaikum, our virtuous Ameer, Is Zakat obligatory on gold jewelry that has been prepared for saving (idtikhar)? May Allah reward you with goodness and grant victory to this Da'wah at your hands...
Answer:
Wa Alaikum Assalam Wa Rahmatullah Wa Barakatuh,
- Huly (jewelry) refers to what a woman wears for adornment and decoration, whether made of gold or silver, on her wrists, neck, ears, or other parts of her body.
There is no Zakat on jewelry, whether it is gold, silver, or other types of jewelry like pearls, rubies, emeralds, carnelian, or other gemstones. This applies whether the jewelry is a small or large amount, and whether it reaches the Nisab (threshold) or exceeds it; there is no Zakat on any of it because it is for personal use and women take it for adornment and beauty.
It is narrated from Al-Layth bin Sa’d from Abu Al-Zubayr from Jabir that the Prophet (saw) said:
لَيْسَ فِي الْحُلِيِّ زَكَاةٌ
"There is no Zakat on jewelry." (Mentioned by Ibn Qudamah in Al-Mughni). Abu Ubaid narrated from Amr bin Dinar who said:
سُئِلَ جَابِرُ بْنُ عَبْدِ اللَّهِ: أَفِي الْحُلِيِّ زَكَاةٌ؟ قَالَ: لَا، قِيلَ: وَإِنْ بَلَغَ عَشَرَةَ آلَافٍ؟ قَالَ نَعَمْ
"Jabir bin Abdullah was asked: 'Is there Zakat on jewelry?' He said: 'No.' It was said: 'Even if it reaches ten thousand [dirhams]?' He said: 'Yes.'"
And from Abdur-Rahman bin Al-Qasim, from his father:
أَنَّ عَائِشَةَ، زَوْجَ النَّبِيِّ صَلَّى اللَّهُ عَلَيْهِ وَسَلَّمَ، كَانَتْ تَلِي بَنَاتِ أَخِيهَا، يَتَامَى فِي حِجْرِهَا، لَهُنَّ الْحُلِيُّ، فَلَا تُخْرِجُ مِنْ حُلِيِّهِنَّ الزَّكَاةَ
"That Aisha, the wife of the Prophet (saw), used to look after her brother's daughters, who were orphans in her care. They had jewelry, and she did not pay Zakat on their jewelry." (Narrated by Malik in Al-Muwatta).
As for the Hadith of Amr bin Shu'aib which states: "A woman came to the Prophet (saw) with a daughter of hers who had two heavy gold bangles on her hand. He said: 'Do you pay Zakat on this?' She said: 'No.' He said: 'Would it please you if Allah encircled you with two bangles of fire because of them?'" Regarding this Hadith, Abu Ubaid said: "We do not know it to be narrated except from one path, with a chain of narration (isnad) that people have criticized in the past and recently."
At-Tirmidhi said: "Nothing in this chapter is authentic."
The view that Zakat is not obligatory on jewelry was held by Ibn Umar, Jabir, Anas, Aisha, and Asma. It was also the opinion of Al-Qasim, Ash-Sha'bi, Qatadah, Muhammad bin Ali, Malik, Ash-Shafi'i, Ahmad, Abu Ubaid, Ishaq, and Abu Thawr.
This applies to jewelry that a woman takes for her adornment. However, if it is for trade, then Zakat on merchandise (Zakat al-Tijarah) applies to it.
- As for when it is neither for adornment nor for trade, but rather for saving (idtikhar) without a specific need, it is treated as kanz (hoarding). This is forbidden (haram) even if its Zakat is paid. Among the evidences for the prohibition of hoarding (kanz):
Allah (swt) says:
وَالَّذِينَ يَكْنِزُونَ الذَّهَبَ وَالْفِضَّةَ وَلَا يُنْفِقُونَهَا فِي سَبِيلِ اللَّهِ فَبَشِّرْهُمْ بِعَذَابٍ أَلِيمٍ * يَوْمَ يُحْمَى عَلَيْهَا فِي نَارِ جَهَنَّمَ فَتُكْوَى بِهَا جِبَاهُهُمْ وَجُنُوبُهُمْ وَظُهُورُهُمْ هَذَا مَا كَنَزْتُمْ لِأَنْفُسِكُمْ فَذُوقُوا مَا كُنْتُمْ تَكْنِزُونَ
"And those who hoard gold and silver and spend it not in the way of Allah - give them tidings of a painful punishment. The Day when it will be heated in the fire of Hell and seared therewith will be their foreheads, their flanks, and their backs, [it will be said], 'This is what you hoarded for yourselves, so taste what you used to hoard.'" (At-Tawbah: 34-35)
Ahmad narrated with a Sahih chain from Abu Umama who said:
تُوُفِّيَ رَجُلٌ مِنْ أَهْلِ الصُّفَّةِ، فَوُجِدَ فِي مِئْزَرِهِ دِينَارٌ، فَقَالَ رَسُولُ اللَّهِ صلى الله عليه وسلم «كَيَّةٌ»، قَالَ: ثُمَّ تُوُفِّيَ آخَرُ فَوُجِدَ فِي مِئْزَرِهِ دِينَارَانِ، فَقَالَ رَسُولُ اللَّهِ صلى الله عليه وسلم: «كَيَّتَانِ»
"A man from the people of As-Suffah died, and a dinar was found in his waist-wrap. The Messenger of Allah (saw) said: '[It is] a branding.' Then another died, and two dinars were found in his waist-wrap. The Messenger of Allah (saw) said: '[They are] two brandings.'" At-Tabari narrated something similar to Abu Umama al-Bahili. This means the hoarding of gold and silver is absolutely forbidden even if it is two dinars, or even one dinar, as long as it constitutes hoarding (kanz)—which is storing money without a need for which it is intended to be spent. The Messenger (saw) said this regarding these two men because they were living on charity while they possessed gold bullion (tibr), so he said: "A branding" and "Two brandings," referring to the verse: "The Day when it will be heated in the fire of Hell and seared therewith will be their foreheads, their flanks..." [At-Tawbah: 35], which is part of the verse of hoarding (kanz). This is evidence for the absolute prohibition of hoarding, whether it reaches the Nisab of Zakat or not, and whether Zakat is paid on it or not. All hoarding (kanz) is haram.
Your brother, Ata Bin Khalil Abu Al-Rashtah
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