Ref no: 0240#
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Date: Wednesday, June 15, 2011 |
Category
Zakaat
Title
My husband cannot afford
Question
At marriage my husband had given me two coins( one ounce each) as my mahr. Two years after he had asked me to give one coin as a wedding gift to his sister. He did promise to buy a gold coin when he had the money.
I did say to my husband after sometime that he does not have to return the gold coin any longer. He however insists that he does want to buy the coin that he owes me.
1. My husband cannot afford the coin yet and it’s been a few years. Do I need to pay zakaah on it still?
2.Is it compulsory on my husband to return this gold coin as it was my mahr? Does it have to be the gold coin or could it be something of the same value?
Answer
Muhtaram / Muhtaramah
In the Name of Allāh, the Most Gracious, the Most Merciful.
As-salāmu ‘alaykum wa-rahmatullāh wa-barakātuh.
1) Zakat is wajib on the money that is owed to a person by his/her debtors. In your case, since the gold coin of one ounce in itself is under the amount of nisaab (minimum amount required for zakat), zakat on that coin itself is not necessary. However, if you have some other wealth in addition to the gold coin of one ounce which your husband owes you and the amount equals to or is greater than the amount of nisaab, then zakat must be paid on the total amount (including the gold coin which you are owed). If you forgive your husband of the debt, zakat will not be necessary on the gold coin.
(Bahishti Zewar, Vol. 1, P. 300, Zam Zam Publishers)
2) It is your right to have a gold coin of one ounce returned to you since it was from your mehr which is from your own wealth. If you choose to forgive your husband of the debt, you may do so. If he insists on returning it, he may return something of equal value instead as long as you agree. However, in that case it is important to know that the value of the gold coin on the day it was borrowed must be taken, not the day of return. For example, if the gold coin was worth 500 dollars on the day he borrowed it, then he must return an item which is worth 500 dollars, even if the gold coin may be worth 600 dollars on the day of return.
( وصح حطها ) لكله أو بعضه ( عنه ) قبل أو لا ، ويرتد بالرد كما في البحر
(Darrul Mukhtar, Vol. 3, P. 113, HM Saeed)
(Al-Bahr al-Raaiq, Vol. 3, P. 263, Rashidiyya)
(Al-Hidaya, Vol. 2, P. 325, Multan)
(Fatawa Alamgiree, Vol. 1, P. 316, Rashidiyya)
عند أبي يوسف تجب قيمته يوم البيع…..وحاصل ما مر : أنه على قول أبي يوسف المفتى به لا فرق بين الكساد والانقطاع والرخص والغلاء في أنه تجب قيمتها يوم وقع البيع أو القرض لا مثلها
(Raddul Muhtar, Vol. 4, P. 534, HM Saeed)
( فقال أبو يوسف : عليه قيمتها يوم البيع ) قال في الذخيرة : وعليه الفتوى ( لأنه مضمون به ) أي بالبيع
(Fathul Qadir, Vol. 6, P. 276-277, Rashidiyya)
And Allah knows best
Darul Iftaa
Madrasah Inaa’miyyah
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