The companions who said that there is no Zakah on gold jewelry used as an ornament

5-12-2009 | IslamWeb

Question:

Assalamualaikum. In your Fatwa No 82925 which is regarding paying zakah on women's gold jewelry, you have mentioned that "The majority of the scholars believe that there is no Zakaah on the woman's jewelry as long as she uses it as an ornament regardless of whether she wears it often or rarely. This opinion is reported from five companions of the Prophet who all said: "There is no Zakaah in the woman's jewelry". I shall be grateful & highly obliged if you can kindly send me the references of the five companions of the Prophet of Islam (SAW) mentioned in your fatwa alongwith hadith no. and book. Jazak Allah
Answer:

All perfect praise be to Allaah, The Lord of the Worlds. I testify that there is none worthy of worship except Allaah, and that Muhammad sallallaahu `alayhi wa sallam ( may Allaah exalt his mention ) is His slave and Messenger.

Ibn Qudaamah may Allaah have mercy upon him mentioned in his book “Al-Mughni” the names of the companions who said that there is no Zakah on jewelry worn as an ornament, and he also mentioned the names of the companions who are of the view that Zakah must be paid on jewelry worn as an ornament. He said: “There is no Zakah on jewelry worn as an ornament by a woman if she wears it or lends it (to other women); this is the correct opinion of the scholars of the Hanbali School of jurisprudence, and this is narrated by Ibn ‘Umar, Jaabir, Anas, ‘Aa’ishah, and Asmaa’ may Allaah be pleased with them and this is the view of Al-Qaasim, Ash-Sha’bi, Qataadah, Muhammad ibn ‘Ali, ‘Amrah, Maalik, Ash-Shaafi’i, Abu ‘Ubayd, Is-Haaq, and Abu Thawr may Allaah have mercy upon them."

However, Ibn Abi Moosa may Allaah have mercy upon him reported another narration from Ahmad, that Zakah must be paid on jewelry worn as an ornament, and this is narrated by ‘Umar, Ibn Mas’ood, Ibn ‘Abbaas, ‘Abdullaah ibn ‘Amr ibn ‘Al-‘Aas, Sa’eed ibn Al-Musayyib, Sa’eed ibn Jubayr, ‘Atta’, Mujaahid, ‘Abdullaah ibn Shaddaad, Jaabir ibn Zayd, Ibn Seereen, Maymoon ibn Mihraan, Az-Zuhri, Ath-Thawri, and the scholars of the Hanafi School of jurisprudence.

Moreover, At-Tirmithi may Allaah have mercy upon him said in his Sunan: “Some companions of the Prophet sallallaahu `alayhi wa sallam ( may Allaah exalt his mention ) among whom are Ibn ‘Umar, ‘Aa’ishah, Jaabir ibn ‘Abdullaah, and Anas ibn Maalik, said that there is no Zakah on jewelry worn as an adornment.''

The Hadeeth narrated by ‘Aa’ishah and Ibn ‘Umar may Allaah be pleased with them is reported by Maalik in “Al-Muwatta’” in a chapter entitled “The jewelry, raw gold and ambergris on which there is no Zakah,” whereas the Hadeeth by Jaabir may Allaah be pleased with him was reported by ‘Abdur-Razzaak in “Al-Musnaf” and Al-Bayhaqi in “As-Sunan Al-Kubra” in a chapter entitled “Those who said that there is no Zakah on jewelry worn as an adornment”. This Hadeeth was also reported by others. Also, the Hadeeth from Anas Ibn Maalik may Allaah be pleased with him was reported by Al-Bayhaqi in the same Chapter.

Allaah Knows best.

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