Answer to a Question
Question:
It states in the book Al-Amwal (The Funds), page 158, the following:
"As for the nisab of gold or silver, if it is complete from the beginning of the hawl (lunar year), and an acquisition is made during the hawl, then if the acquisition was from trade, it is added to the principal, and the hawl of the acquisition is considered the same as the hawl of the principal, because the acquisition was from the growth (nama') of the wealth and its same kind, thus it follows it.
But if the acquisition was of the same kind as the nisab, but not through growth—such as through inheritance or a gift—then this acquisition must complete a full hawl, and it is not added to the principal, nor does it take the ruling of its hawl..." End quote.
The first paragraph is understood... but as for the second paragraph, does it mean that if I reach the nisab in Muharram of this year, and four months later in Jumada al-Ula I receive one thousand dinars from an inheritance, will there be two separate hawls (years) for the money? Meaning, I pay zakat for the original nisab in the coming Muharram, but I pay zakat for the inheritance in the coming Jumada al-Ula? In other words, are there two zakat dates every year? Or is it permissible for me to pay the zakat of the inheritance at the end of the original nisab's year, i.e., I pay zakat for everything in Muharram of the following year?
Answer:
Wealth that is not derived from the original nisab you possess—its zakat becomes obligatory upon the completion of its own hawl and not the hawl of the original nisab. For example, if you have the nisab (85 grams of gold or 200 dirhams of silver) in Muharram of this year, the zakat for this nisab is due after one hawl has passed, provided it does not decrease.
If one thousand dinars comes to you from trade involving the aforementioned nisab in Jumada al-Ula, it is added to what you have, and zakat is paid on the total in Muharram of the following year. However, if it comes to you from inheritance—meaning not because of the nisab you already possess—then the zakat for this inheritance is due after one hawl has passed for it, and not after a hawl has passed for the original nisab. This means, as mentioned in the question, that you pay zakat on the nisab in Muharram of the coming year (if the nisab has not decreased by then), and you pay zakat on the inheritance in Jumada al-Ula of the following year. Thus, the nisab has its own hawl, and the inheritance has its own hawl; this is in terms of obligation.
However, it is permissible for you to pay the zakat of the inheritance at the end of the original nisab's year—i.e., in Muharram—rather than waiting until the end of the inheritance's hawl in Jumada al-Ula. In other words, you pay zakat on your wealth all at once after a hawl has passed since you possessed the nisab (in Muharram). This is because it is permissible to expedite (ta'jil) the payment of zakat—meaning to pay it before its hawl is complete. It is permissible for you to pay the zakat of the inheritance before its full hawl by paying it at the completion of the original nisab's year, because the Sharia permitted the expedition of zakat after reaching the nisab but before the passing of a hawl. As for what is obligatory, it is after the passing of the hawl. Among the evidences for expediting the payment of zakat before the passing of the hawl on the nisab are the following:
- Al-Bayhaqi narrated in Al-Sunan al-Kubra from Ali:
عَنْ عَلِيٍّ، أَنَّ الْعَبَّاسَ رَضِيَ اللهُ عَنْهُ سَأَلَ رَسُولَ اللهِ صَلَّى اللهُ عَلَيْهِ وَسَلَّمَ فِي تَعْجِيلِ صَدَقَتِهِ قَبْلَ أَنْ تَحِلَّ فَأَذِنَ لَهُ فِي ذَلِكَ
"From Ali, that Al-Abbas (ra) asked the Messenger of Allah (saw) about expediting his charity (zakat) before it became due, and he (saw) permitted him to do that."
- Al-Daraqutni narrated in his Sunan from Hujr al-Adawi from Ali, who said:
عَنْ حُجْرٍ الْعَدَوِيِّ عَنْ عَلِيٍّ قَالَ: قَالَ رَسُولُ اللَّهِ صَلَّى اللهُ عَلَيْهِ وَسَلَّمَ لِعُمَرَ: إِنَّا قَدْ أَخَذْنَا مِنَ الْعَبَّاسِ زَكَاةَ الْعَامِ عَامِ الْأَوَّلِ
"From Hujr al-Adawi from Ali, who said: The Messenger of Allah (saw) said to Umar: 'We have already taken from Al-Abbas the zakat of the year, the first year'."
- Al-Daraqutni narrated from Musa bin Talha from Talha that the Prophet (saw) said:
عَنْ مُوسَى بْنِ طَلْحَةَ عَنْ طَلْحَةَ أَنَّ النَّبِيَّ صَلَّى اللهُ عَلَيْهِ وَسَلَّمَ قَالَ: يَا عُمَرُ أَمَا عَلِمْتَ أَنَّ عَمَّ الرَّجُلِ صِنْوُ أَبِيهِ؟ إِنَّا كُنَّا احْتَجْنَا إِلَى مَالٍ فَتَعَجَّلْنَا مِنَ الْعَبَّاسِ صَدَقَةَ مَالِهِ لِسَنَتَيْنِ
"From Musa bin Talha from Talha that the Prophet (saw) said: 'O Umar, do you not know that a man's uncle is like his father? We were in need of funds, so we took the charity (zakat) of his wealth from Al-Abbas in advance for two years'." (They differed over Al-Hakam in its chain of narration, and the correct version is from Al-Hasan bin Muslim as a mursal report).
In summary: The inheritance that came to you months after possessing the nisab requires zakat after its own full hawl is complete, not after the completion of the nisab's year. However, it is permissible to pay its zakat along with the completion of the nisab's year—i.e., before the completion of the hawl of the inheritance you received—due to the permissibility of expediting zakat according to the Sharia evidences on this matter.