Fiqh of Worship #61 – Zakat on Merchandise
Channel: Hatem al-Haj
Series: Hatem al-Haj - Fiqh of Worship
File Size: 30.93MB
Episode Transcript ©
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Bismillah Alhamdulillah wa salatu salam ala Savio menorah, Nagar to proceed.
So before I start because you know everything is new today and I you know for forgot to say something
at the end of the station of amaura they wanted to say that what should we do? I mean, if this is the station of being sought by Allah subhanaw taala, and you're not the seeker
what should you do? How do you be at Murat, every station that we went through before, there are certain things that you need to do to reach that station, or basically to be established to makaan in that station to have to be established in that station. But what do you what do you do about this station? This particular one and what are the one that's being sought? If you're another seeker if you're the one that we that that's been sought? I think the best movies to share about this is where the Prophet sallallahu ceremony was reported by Ivan Reitman and headier by Hassan is not where the Prophet sallallahu Sallam said the following haidara como tarantola hottie Rahmatullah interlaminar
for Hatton rahmati you see, we'll be having a yes sir. Oh, man, I bet. If I don't Kira can do good. Your entire lives. Do good. You know, seek the good, do good your entire lives. What era Do they have a hottie Rahmatullah and expose yourselves to the blossoms, the breeze.
The breeze of Allah's mercy or the blossoms of allows mercy, fen and Elena for her natural method for Allah subhanaw taala has those breezes of His mercy. You see what I mean? I bet he
by which he touches
whomever he pleases of his servants, so expose yourselves, expose yourself, he stands where you should be standing. So that when the breeze goes by, of His mercy, he touches you, that's what you do. That's what the hobbyist is talking about. So that has to be understood within the context of so what is that of a hat about, there are certain seasons, the seasons are, you know, certain times, certain places, and certain conditions, these are all called nose and motion could be a time Mausam
or, like a location
or a condition. So your mouse, for instance, isn't, isn't a Madonna mouse and for us, isn't Ashura, a mouse and of sorts for us?
You know, like luck, but these are models and for us, right? These are seasons, this is where you should be trying to expose yourself to that I've had a lot of drama to the breeze of His mercy, it is why you stand where you should be standing. So that you know when the breeze blows by, you get touched by likewise, these are different times there are certain locations like if you go to Mecca, for instance, and instead of you know wasting time
you know, standing in line for the open buffet.
Some people do is expose yourself, man, this is your time you're here for a few days. There's the so expose yourself to the breeze of His mercy stand where you should be standing to get touched by the breeze of His mercy.
You know, it is all over the place in Mecca. But you know, next to the open buffet, you probably would be better off, you know, at the harem or something.
So location, and then conditions if you're traveling if you're sick, then the prophet SAW Selim, tell us about, you know, the being answerable and certain conditions. Well, you know, sickness is one of them. Travelers is one of them, say Be yourself more engaged in there and in Vicar and so on in these conditions. So we're talking about places, we're talking about times, and we're talking about conditions and expose yourself to the reserve as mercy. If it blows by and you're standing in the right spot. You'll be touched by
if our Kira the Huracan Katara jolina hottie Rahmatullah in Allah in a heart in Mira Mehta, UC boba Mayor shalom in a bed, that's all you can do, to be wanted by Allah subhanaw taala for purification and elevation and to be sought by him to be a mirage and not just a marine.
Okay, now it's the fifth of the gap.
And we will have to cover two chapters that
Next time we will have the chapter on giving the paint as a cat which is the chapter of the collages occur. And the following week inshallah, we will have two chapters of the chapter of those that are deserving recipients of the cat and the chapter of those who are not qualified to receive there's a cap those that he could give visicalc to and those that you cannot give this account to. So within three weeks inshallah we should be done with that with the book of Zika the safe Rahim Allah de mano Kodama Rahim Allah in his book, Rhonda said, Well as I gotta pee her hat and we'll be happy Jara. Well, he and Assad Boone How will and Camila so many women have Isabella Kalani, Sabina zavio, alpha
logistica min pinata, we're talking about the chapter of this account of merchandise, the chapter of the cap of trade goods or merchandise.
He said there is no Zakat on merchandise until the person intends to trade with it. And it has been had the nisab for an entire year, then how then he should assess it. And if it has reached an amount equal to whichever nisab of gold or silver is less, at that time, he must praise a cat on its full value. So he's saying the ruling classes are canceled merchandise, the vast majority of Muslim scholars said that the mezuzah of merchandise is obligatory, and that is the position of the 40 memes. That's the position of the forest schools.
Other positions are considered extremely minor position.
But the the established position and Islamic which is the agreement of the four as I have ended the vast majority of scholars is that the mezakeh is binding in merchandise trade goods.
hot iron will be hard to draw there is no as a capital merchandise until the person intends to trade with it and we will come back and talk and we will come back to address this. When does his Nia when does his name make the trade goods socketable.
But first, he says
how can we ever have the data when he on a sub and it has been at the sub for an entire year. So you from the time you have the intended that this is for the Georgia for trade for sale, then it should last one year was you act on a sovereign we did say that the mamanuca does not consider the depths below than isab. During the year he considers the beginning and the end mmm at the end the majority and remember image of a no not my name image selfie, they consider that you should have done asabe throughout the year, you need to stay above that threshold development sub. So once you dip, once you are alluded to Jara, your merchandise had depth to below $3,000. Sorry, the magical number that
we're using for the Saab, which is equal to a sub of 85 grams of gold. It's a little bit more than 3000. But you'll have to figure it out. Every time you'll have to figure out how much 85 grams of 24 karat gold is on the day of your as a cat on yours account due date. But we're using 3000. So if you dip below the 3000 if your trade goods are less than 3000 at any time during the year, Mm hmm. I will tell you
you don't have to pay the cat. Remember hanifa will tell you if you will have the 3000 at the end
we will get a shorter petition that's a little bit more tactful because this is you know, bulky, unsafe and a little bit too much like too big and
hopefully brother McConnell is hearing me.
No, he's not he left
But no, but we'll just use this partition for today.
going back, so that, just like we said in currency, just the increase of in cash same applies to trade goods for evaluation if you need to have more than the threshold for the entire year so that it will be the capital at the end of the year.
And then he said we're here in South Holland Cameron stays under the software an entire year. So maybe you can weigh more and then you will come at the end of the year and you
Basically figure out the value, you will inventory your store, and you'll figure out the value assess the value of it. And if it is abstinence.
Then he says, whichever nisab of gold or silver is less, at that time, he must pay zakat on its full value. So if your trade goods are, let's say, for the $500, you have 40 $500 worth of trade goods, merchandise for sale, things that you will plan to sell.
And you have been above the 3000 for the entire year, you'll need to pay there's a cap on the 4500 not the 1500 that is above that is the full amount the 4500 but he says whichever the sub so in the Hanbury madhhab it is either the gold or silver. So we said before the going asabe of silver was $600. Right? So in the in the insert of the authentic handily Meza Hey, if your trade goods are $600 then you will need to base account if the value of your trade goes to $600 you will need to pay zakat on those trade goods. Why am I saying $3,000 because I told you contemporary scholars particularly in the mme alphapay and so on, they basically
because of the fluctuation of the prices of silver, the extreme fluctuations of the price of silver, they said just go buy gold and forget about the silver because gold is the gold standard. Do you remember me saying this okay. So, we will use the gold and if it is more than 3000 for the entire year, then you will pay on the full amount at the end of the year
what is it that you will pay
what is it that you will pay
to pay point 5% of just like cash, but what are you going to pay out what are you going to give out
cash not merchandise cash, this is the only time where you give out something other than these are capital property This is the only time where you will give out something other than the capital property because then a sub of it is determined on the basis of gold and silver is determined on the basis of currency. Therefore, you will give out currency and the because poor people were not like whatever it is that you that your trade goods are you know they may not have any use for whatever your trade goods are.
So, someone like who trades in nations for instance and he gives like you know 200 millions
So, it is given out in cash it is given out in cash here
can you give this a cat out in merchandise if the merchandise will be better for the poor?
okay. So, that is that is a that is part of a larger question, which has given us a cat out in value not inclined in value, you know the value of the cat who said you cannot give us a cat out in value and you will have to give out whatever has been prophetically designated like if I have if my is a cat is one sheep For instance, if I have five camels on my Zakah is one sheep one sheep,
five camels masaka is one sheep Can I give out instead of the one sheep $300 because one sheep equals $300 can I give out $300
you said yes. Okay.
No, you know how it is in fact if you say yes or no you'll be fine.
So, if you could answer with confidence
now there are there are five daily prayers right? You have no
so one cheap $300 What if yours is $300 there is a God you have currency and yours account is $300. Can you give dates instead? Can you give dates or whatever you can give some whatever is you know something and instead Yeah, like food like clothes, like whatever it is that the poor could use. And instead of
can you give vouchers
basically pay their utility bills?
So you said yes, you're in agreement here. Okay. That's the hanafy position. The hanafy position is yes.
That's the amount of money. He said yes.
Who said no, the rest?
No would be the Maliki's shafa is and tambourines. They said No, you cannot.
So even the Tamia Rahim Allah said, by default he cannot, you know, so he chose the position of the majority, except that there is greater benefit or there is a need larger almost Maharajah except for Muslim Raja Yoga, which is the greater benefit of hatha which is the need. And he attributed this to one report from an email. So, there are two reports from enema mother where he said in some conditions MMR might allow the giving of value and instead of the the, the, the inkind, that sort of the designated
to the professor sort of himself designated and in some conditions, he did not allow it. And epidemiology mala he said, if there is greater benefit, we should stick with prophetic designation. You know, if the Prophet said one sheep than it should be one sheep, we should stick with a prophetic designation unless there is greater benefit, or a need to give the value and instead of the prophetically designated
Zakat, in this case, it would be permissible and he cited proofs. Each one of them has proved this site, the more cited the you know, the obvious that these are the things that the Prophet designated. And sometimes the preface or Salam was visit with designate
for instance, that if you have a camel that is younger than the one that is due on you, then you can see you will have to give that camel out, and then two sheep or 20 dinars or something of that nature. This is the prophet who was the designate if you fall into a particular bracket, and you don't have the thing that will come out, he did not say give out the value, but he said give a candle that is younger, in addition to it give this for give account of that is older and take from this account collector that so they said that the proper designated things and we use very specific about his designations therefore we have to abide by his designations in Abu hanifa cited
various things, including the fact that modern Java said to the people of idiom and instead of the Shire instead of the barley and wheat and stuff, why don't you give me your some of the clothes that you that you guys saw that you guys make? It will be better for you, easier for you, I want to LA como highrollers hubiera. So de la Sawsan. It's easier for you and it is better for the companions of the Messenger of Allah sallallahu sallam.
This is this report in itself is controversial. But But anyway,
at the end of the day, it will come down to more rational arguments. Because the reports are not decisive on either side. Reports are not decisive. On either side, it will come down to rational arguments. So maybe the position of Rooney Tamia Rahim Allah is a good position that the default is to give out whatever the Prophet designated. But if you see a greater benefit in given out the value, or a need to give out the value, like for instance, people who complain that
they don't know if the people will take this money and make a good use of it or not. So instead, I would give them vouchers, or I will pay the rent, or I'll give them this or that, then in this case, you could take him out money first position, and give the value in instead of
Exactly. And in the calculator this would also apply, like the default is that we're given out food because the food has been designated by the prophet sallallahu Sallam founder of Los Alamos a Kappa Alpha three Psalm and feminine Asan shyamala Zachary Ansari on audio so hero Kabir means to me, so the professor's having designated that it would be PSA of dates or PSA of Barbie in the hadith of Abu Saeed. He added to this also
has a beep
he added raisins, and dried milk, cheese or cheese that is made out of dried milk
and added wheat.
So, we give food out, particularly also because, you know, it even makes sense in the welfare. Even in the welfare system here, not everything is given out in the form of money,
food stamps are given out, some people may, you know, take the money and use it for sort of like sub optimal expenditures, and do not spend enough money on food for themselves and their families. So, when you do give out this again, and keep in mind that when you give out food, you're giving out the food staples of whatever locality you live in. And when you give out food staples to the poor in that locality, you could give them an amount that would be sufficient for them for six months or so, give them you know, a lot of food, they can store non perishable items, non perishable food items. And I believe, and this is, you know, because I also believe that the value could be given out, I
believe that you could give out canned food and all stuff doesn't have to be grains and stuff. So you could give them a live stuff to store for six months for 12 months, and at least you would make sure that no one is going hungry, because they can take the money and you know, and they don't necessarily have to be bad people or anything, but they can certainly make their own judgment about the use of money.
Okay, so the default should be to give it out in the designated forms that the Prophet sallallahu Sallam talked about. But if there is a greater benefit, or there is a need, certainly the position of Ivanova hanifa does have merit and strengths. And this case it should be used.
So your your trade goods, we said that after one year of intending to sell these properties, he will come at the end of the year and figure out if you stayed above the nisab that's just a 180 if you stayed above the nisab we said hanafy they don't care whether you stayed above any savarna if you stayed above nine itself for the entire year, at the end of the year you evaluate the merchandise that you have when you evaluate the merchandise that you have you evaluate the merchandise and the market value of you know of the same day. So, today's music, how do you date what is the market value of the merchandise today
the sapphires are the ones who explicitly said beside and jumla you know the wholesale value 100 is did not explicitly say that. And contemporary humbly say if he if he if he's a wholesale trader, then it is based on the wholesale price even if he is a retailer than it is based on the retail price. But in all honesty, the retail price is fluctuates and people may
it is easier to go by the wholesale price or the price that he will be able to readily sell this, all of this stuff for today. harmonica do they because you know he has high Maytag the this price at like $100. But at the end of the day, if I need to move out, if I need to move out tomorrow, I will sell it for 40 or I'll set it for much less. So the price that is the market value of the price among the merchants, you know, not the price that that I will get one day when a customer walks through the door and actually gets to pay this amount.
one other thing that I wanted to say when you make an assessment when you inventory or trade goods and you make that assessment when the inventory of trade goes on making that assessment, this in your inventory, your trade goods every lunar
calendar year or solar lunar What if you're you have a big company and you don't do it every lunar year you do it every solar year. What do you do in this case? You need to do it every year. The obligation is to do it every lunar year, but if you're going to be completely stuck on is not going to work and it's not it's not going to work. If it is not going to work if and how much money the how much what is the percentage. This is the percentage that you need to pay to correct for
Given it every solar year, you pay 2.577% not 2.5% and if you pay 2.577% you're correcting for the 11 day difference between the solar and the lunar years is that clear? So people inventory every solar year they will pay 2.577%
now for people who don't have to people who if you're talking about this academy or bank account Why don't you do it every lunar year
make it Ramadan Ferris choose like a day is what we're talking about people who have motor neurone people under sort of you know, big companies for instance here in America and and if they do if they do their inventory every lunar year and then they come back and do another inventory every solar year they could be spending lots of money on this it's not easy to inventory your storage your storage.
But for us for like regular people that are not big companies, we need to be given this a cap every lunar year we pick up a day Razak, 21st Muharram 22nd. Ramadan first spread the fear out you know not everybody gives those account Ramadan
you know, spread out so that you know there is ongoing income for the poor people.
And if you want to give it installments, give from next year's installments. If you are the donor gift from next year's accounts, you could advance yours account for one year. So give from next year's I can subtract it from next year. You don't give installments from last year's account because out immediately, you're given installments for a year and from your next year's okay. So if you have poor relatives, and you're afraid that if you give them the money all at once, but misuse it and you want to give them a monthly salary, give them a monthly salary from next year's is
subtracted at the end of the year. Okay. Then the sheikh said, When can I enter Jose de Bama Illa key Metro road feedsack Milan asabe. If he had gold or silver,
it looks like we're not going to be we're not going to finish though. Anyway,
When can I enter who's offended or mama Pema to the road feedtech Milena sub, if the person owns gold or silver, he must add it to the value of his merchandise to complete that assault, he must add it to his merchandise to complete
the sub meaning meaning you combine the gold, silver, gas, and trade goods.
All of them. He's not mentioned in cash here because the golden silver used to be their currency. We're adding cash here. So you're combining gold, silver, cash and trade goods. If the total is equal to or more than, than a sub there's a cap threshold, there's a capital minimum you need to pay that gap.
Certainly the the gold that is used for her lay for you know,
gold use for women or
you know, the good ol silver that is used by men. We did talk about this in detail last time and we talked about the position remember honey find the position of the three other imams with regard to the cat's ability of that goal. So accountability of the goal. Everybody remembers, right. Good.
So here and the Hanbury must have the will not counted that goal towards your in the song because it's not as a countable goal. You know, so the jewelry that women have, it will not be will not go into this, you know, equation here.
For them the sex ed wave and our biology teacher of cornea fellows akata fee, some in our V bar delicate ijarah Astana Farah who, however,
if a person intends for this merchandise to be private property for personal use, there is no Zakat on it. If afterwards he intends to prepare it again for trade, he should begin counting Can you hold for it? And that position is the sort of unauthorized position in the mesonet.
I'll tell you the stronger position in the middle
Now, but he's saying that what is saying here is saying that if you intend if you have trade goods, but you intend to use this for home, you know, you had a car and this car was, you know, your, your car dealer and you had one of you the cars, this car you intended that I give this to my son or give this to somebody lose,
this car will not be the catapult anymore from that moment that you have intended, that it is not
for sale anymore than it is for Korea for personal use.
Okay, so what if you have it, you have this car, and you intended that it will be for personal use. And then you have it for some time. And then you said, Well, you know what I'm just going to sell.
So it became, once again, it became what a merchandise for sale trade goods. The chef is saying the Nia is the Nia would be an efficient cause to change the status of this car both ways by you know both ways, it's a two way street, you make money, this is for personal use, now it becomes personal use, you don't have to pay the car, you change the year and you make any other this is now for sale, then then a year will be sufficient to change the status here in a year will be sufficient to change the status of that property item
to be in trade, like merchandise for sale, and to be socketable Is that clear.
And it is simple and straightforward. That's why we usually use it and fatwah quite often because it's simple and straightforward.
is vice versa, it's both ways, you change your name to the name. However, keep in mind, this is not the authorized position in the method, it's not even the authorized position in any method.
Because the authorized position in the form of I have is that the NEA is not sufficient to change it back to being trade goods.
So, once it is If it is so, okay. So, let me tell you this. So, in the in the form as I have, they have these
they have to conditions for the thing to be accountable for the trade goods to be accountable, they have two conditions, they have cyberbullied milk and they have
so the they have the cause of acquisition, the cost of acquisition
and the have the near the intention. So in order for something to be accountable trade goods in the form of that have, you have to have acquire that by your own action. If you inherited it, it's not as accountable. Even if you intend that the time of inheritance, that it will be for sale. It's still not socketable because inheritance is a passive acquisition not an active acquisition, active acquisition is when you purchase something in when you take something in exchange
in exchange for something else. So or in exchange of a usufruct not necessarily something else another property, but I use a frog.
So, you know, you work for somebody and they give you
like it will tell you if you finish this wall if you build it for me or you painted this wall for me, I will give you my bicycle and you intend at the time of the acquisition that this bicycle will be for sale. This bicycle is the capital by agreement by agreement and then they disagree whether if when you acquire it through gifts or our say
they consider it 100 Benny's consider this to be still active acquisition, because you accepted the gift or there was a and this acceptance is an active
sort of a form of active acquisition on your part. So if it is inheritance, if it passes to you through inheritance, that is when the all agree that it is does not becomes a category except to that position in the Hanbury Mazda, that does not really but when it comes to the authorized position in the form as I have whatever passes to you through inheritance
That is passive acquisition, right? passive acquisition makes it not socketable, even if you intend at the time of acquisition, that it is for sale, when is it accountable when you collect the money, can you
know when you sell it, sell it and collected the money. Some of them said, You will pay zakat for one year at the time of collection. And some of them said, you will take this money and keep it for one year before that money becomes the capital. And in this case, it's not trade goods, it's not as a kind of trade goes is it guess the kind of currency is the kind of currency not the cap of trade goods. So the knee here, the intention here has the intention here in order for something to be accountable that has to meet the conditions, you acquire that actively active acquisition,
accompanied by the intention of trading
is a clear
act of acquisition accompanied by the intention of trading, if that's the case, is accountable according to all of them dusky now,
the position that the management for them I mentioned, here is another report and the Hanbury mazahub that makes the knee year and this is the also the position of his hat and the position of Hubble without, and the position of Kara bc Shafi and the position of other scholars who made the NEA consequential both ways. So you change the name to trade goods that become strained goods change linear to personal use becomes for personal use. That's clear.
You want to ask questions about this
really isn't for everybody.
know, if you're in a if you inherit currency, it's a capital R, we're talking about the trade goods only merchandise only if you inherited currency, it is accountable for sure.
From the time of acquisition, from the time of acquisition, it becomes the cuttable from the time of acquisition, and then you count one year from the time of acquisition and then you pay this account on this money. But if you inherited trade goods, that is that is where the discussion is. We're talking only about trade goods. Now. inherited trade goes in trade goods that becomes accountable. Why is this what why do they just how do they justify this, they tell you that trade goods are only are by default Nazi capital. Because the things that are as a capital in and of themselves are what
are currency, livestock, things that come out of the earth, which is treasure troves, mind metals and crops. Those are castable by prophetic designation in and of themselves, because this is mad Niamey or physical autonoma, because it is money that is that grows by itself, crops grow livestock, even things that come out of the Earth is money that was not there and just came out or has the power, the potency, the potential to grow, which is currency, gold and silver. So if it does not grow, it is your fault that he did not invest it.
But they say trade goods become only as accountable when they become Niamey when they become trade goods, so the mere intention does not have the power to change them from nones accountable to is accountable, because you could intend and may never be sold, or something to say the mere intention does not have the power to change the status of trade goods from the original default status of maintenance accountable. Because what are we talking about here we're talking about car talking about you know, whenever close, these things are not accountable in and of themselves, they becomes accountable when they become when they are trade goods. So if you acquire them in exchange of other
merchandise they are with the intention of setting the hours accountable for sure if you acquire them in exchange of a some use of product or some service or this or that the art is accountable at the time of acquisition, if you have the intention to sell them, but otherwise you
The mere intention of wanting to sell this one day does not have the power to change their status.
And that's certainly
So, the position that is mentioned here by Madonna is the minority position. Now the majority position
keep in mind that the first half of his statement is the majority position for sure. The fact that many I will change the status from socketable trade goods to non socketable items of personal use, that is by agreement than a year will change that it is the other way around.
The NEA will not be will not have the power to change it from non marketable for items of personal use to socketable merchandise
now, what they do now is I have six minutes I don't think we can finish the Canton Fair in six minutes. So we will have to defer this
when after the first yes
Except yeah certainly is a capital outlay if you if you if the trade goods if you intend to trade jewelry, because they have Why did they make an exception of jewelry if you intend to trade jewelry the becomes a category right away? Because jewelry has was the original original default for gold and silver is that there is a catapult or not. There is a capital that original original default is that there is a charitable Why have they become nuns accountable according to the Maliki sapphires or honeyberries? If they are used, because they be they are now being used for personal use, but their original default is gold and silver. So then a year the mere intention will be sufficient to
change their status back to the original default, which is that they are the cattle
You can have the Islamic calendar. Yeah, you can add the Islamic calendar to your Google Calendar. He has no other
Google has the Islamic calendar
even the iPhone calendar How do you do
you go to the app store?
my calendar settings
Well, this is this is beneficial knowledge a lot.
Okay, so you go to your calendar settings in the iPhone and
alternate calendars and iPhone.
But you go to settings and then we're after settings, you go to calendar
and then you go to alternate calendars. Oh and you have Islamic
and then you will have both the regular and the Islamic.
That's actually great.
We're done with all the other stuff in
Excel and stuff like