Praise be to Allaah.
The
scholars are agreed that zakaah is obligatory on gold and silver jewellery
if it is a kind of adornment that it is haraam to use, or if it is
prepared for trading etc. But if it is a permissible kind of jewellery
that is intended to be used or loaned, such as a silver ring or women’s
jewellery, or things that it is permitted to use to adorn weapons, then
there is a difference of scholarly opinion as to whether zakaah is
obligatory on these things. Some scholars say that zakaah is obligatory on
them because they are included in the general meaning of the aayah
(interpretation of the meaning):
“And
those who hoard up gold and silver (Al‑Kanz: the money, the Zakaah
of which has not been paid) and spend them not in the way of Allaah,
announce unto them a painful torment” [al-Tawbah 9:34]
Al-Qurtubi
said, in his tafseer of this aayah: “Ibn ‘Umar explained the meaning
of this in Saheeh al-Bukhaari,
when a Bedouin said to him, ‘Tell me about the aayah (interpreation of
the meaning), “And those who hoard up
gold and silver.”’ Ibn ‘Umar said: ‘(It means) the one
who stockpiles them and does not pay zakaah on them – woe to him. This
was before (the order to pay) zakaah on them was revealed, and when it was
revealed, Allaah made it a means of purification of wealth.’”
(Narrated by al-Bukhaari, 2/111, ta’leeqan;
5/204, also ta’leeqan. Ibn
Maajah, 1/569-570, no. 1787. Al-Bayhaqi, 4/82).
Other
ahaadeeth also imply this, such as the hadeeth narrated by Abu Dawood,
al-Nasaa’i and al-Tirmidhi from ‘Amr ibn Shu’ayb from his father
from his grandfather, (who said) that a woman came to the Prophet
(peace and blessings of Allaah be upon him) with her daughter, on whose
hands were two heavy bracelets of gold. He said to her, “Do you pay
zakaah on these?” She said, “No.” He said, “Would you like Allaah
to replace them for you with bracelets of fire on the Day of
Resurrection?” So she took them off and gave them to the Prophet
(peace and blessings of Allaah be upon him) and said, ‘These are for
Allaah and His Messenger.’”
(Narrated
by Ahmad, 2/178, 204, 208; Abu Dawood, 2/212, no. 1563; al-Tirmidhi,
3/29-30, no. 637; al-Nasaa’i, 5/38, no. 2479, 2480; al-Daaraqutni,
2/112; Ibn Abi Shaybah, 3/153; Abu ‘Ubayd in al-Amwaal,
p. 537, no. 1260 (Harraas edn.); al-Bayhaqi, 4/140).
It
was narrated by Abu Dawood in his Sunan,
al-Haakim in al-Mustadrak
and al-Daaraqutni and al-Bayhaqi in their Sunans
that ‘Aa’ishah (may Allaah be pleased with her) said: “The Messenger
of Allaah
(peace and blessings of Allaah be upon him) entered upon me
and saw on my hands rings of silver. He said, ‘What is this, O
‘Aa’ishah?’ I said, ‘I had them made so that I could adorn myself
for you, O Messenger of Allaah.’ He said, ‘Do you pay zakaah on
them?’ I said, ‘No’ or ‘Whatever Allaah wills.’ He said, ‘This
would be enough to take you to Hell.’”
(Narrated by Abu Dawood,
2/213, no. 1565 – this version was narrated by him; al-Daaraqutni,
2/105, 106; al-Haakim, 1/389-390; al-Bayhaqi, 4/139)
It
was narrated that Umm Salamah said: “I used to wear jewellery of gold,
and I said, ‘O Messenger of Allaah, is this kanz
(money, the Zakaah
of which has not been paid, cf. al-Tawbah 9:34)?’ He said,
‘Whatever reaches the amount at which zakaah is obligatory, then pay the
zakaah. Then it will not be kanz.’”
(Narrated by Abu Dawood,
2/212-213, no. 1564; al-Daaraqutni, 2/105; al-Haakim, 1/390; al-Bayhaqi,
4/83, 140).
Some
scholars said that there was no zakaah to be paid on it, because by using
it in a permissible manner, it becomes like clothing and other items, and
is not like a product that has a commercial value. They responded to the
general meaning of the aayah [al-Tawbah 9:34] by pointing out that the
practice of the Sahaabah excluded gold that was used for adornment. It was
reported with a saheeh isnaad
that ‘Aa’ishah (may Allaah be pleased with her) used to look after her
brother’s orphaned daughters in her apartment. They had gold jewellery
but she did not pay zakaah on it. Al-Daaraqutni narrated with his isnaad
from Asmaa’ bint Abi Bakr (may Allaah be pleased with her) that she used
to adorn her daughters with gold jewellery, and she did not pay zakaah on
it, (although its value was) nearly fifty thousand. (Sunan
al-Daaraqutni, 2/109)
Abu
‘Ubayd said in his book al-Amwaal:
“Ismaa’eel ibn Ibraaheem told us, from Ayyoob, from Naafi’, from Ibn
‘Umar, that he would marry one of his his daughters for ten thousand (as
mahr), of which he would make her jewellery four thousand, and they did
not pay zakaah on that.” (A similar report was narrated by
al-Daaraqutni, 2/109; Abu ‘Ubayd in al-Amwaal,
p. 540, no. 1276 (Harraas edn.); al-Bayhaqi, 4/138).
He
said: “Ismaa’eel ibn Ibraaheem told us, from Ayyoob, from ‘Amr ibn
Deenaar, who said: ‘Jaabir ibn ‘Abd-Allaah was asked, “Is there any
zakaah on jewellery?” He said, “No.” He was asked, ‘What if it
reaches (the amount of) ten thousand?” He said, “That is a
lot.”’” (Narrated by al-Shaafa'i in al-Musnad
(edited by al-Sindi), 1/228, no. 629; al-Umm,
2/41; also narrated by Abu ‘Ubayd in al-Amwaal,
p. 540, no. 1275 (Harraas edn.); al-Bayhaqi, 4/138).
The
more correct of these two views is the view that zakaah on jewellery is
obligatory, if it reaches the nisaab (amount of wealth at which zakaah
becomes obligatory), or if the owner possesses enough gold, silver and
trade goods to complete the nisaab – because of the general meaning of
the ahaadeeth which state that zakaah is obligatory on gold and silver.
There is no saheeh hadeeth which exclused it (jewellery) as far as we
know. The ahaadeeth of ‘Abd-Allaah ibn ‘Amr ibn al-‘Aas,
‘Aa’ishah and Umm Salamah quoted above mention this, and these are jayyid
ahaadeeth with no valid criticism concerning their isnaads, so we should
act upon them. Although al-Tirmidhi and Ibn Hazm regarded them as da’eef
(weak), there is no solid evidence for this, as far as we know. We should
note that al-Tirmidhi (may Allaah have mercy on him) may be excused for
what he said, because he quoted the hadeeth of ‘Abd-Allaah ibn ‘Amr
with a da’eef isnaad, but it was narrated by Abu Dawood, al-Nasaa’i
and Ibn Maajah with a different, saheeh, isnaad, which al-Tirmidhi
probably did not discover.
And
Allaah is the source of strength. May Allaah bless our Prophet Muhammad
and his family and companions, and grant them peace.