Zakt on Gold & Silver Jewelry Ask Shaykh YQ EP 255

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Yasir Qadhi

Channel: Yasir Qadhi

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Sister So Maria from Doha, Qatar emails and she says that she owns a lot of gold jewelry and that she uses some of the jewelry weekly and some of its uses very rarely and she is confused about whether she has to give zakat on this jewelry or not. Why am

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I auto selling me COVID in Region No he him first earn Oh, rickety.

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now, this question, dear sister, is one of the classical questions of Islamic Filton, law, every single student of knowledge and every single scholar is going to spend quite a lot of time studying this issue, because this controversy erupted. Not in my time, not in your time, not in the generation before it erupted in the generation of the companions themselves. And we have major companions on both sides of this issue. And all of the books are filled have chapters about this, and the four schools developed arguments and counter arguments. And we find obviously, I mean, to be simplistic will say there are two opinions in reality. There are some nuances and the one opinion

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but for simplicity, simplicity sake, let's just say there are two opinions, obviously one opinions you give us a God, the other opinion is you do not give zakat. So there are two opinions and I will go into who said what, but before I do that, I want to keep on bringing up the issue of methodology, the issue of why am I doing it this way? And you know, why am I going into all of the different opinions and then, you know, explaining them, I do so primarily primarily, so that we learn to tolerate and respect so that whatever opinion we choose, we do not demonize or criminalize somebody who follows another legitimate opinion. So what are you going to do when even Omar was on one side

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of the equation? And I chose on the other side, what are you going to do when two major companions have different views about this? What are you going to do when Ebola says one thing, and I'm going to help officers another more either Benjamin says one thing and Zaida Metabones has another What are you going to do? You have to understand that from the beginning of our religion, certain issues were agreed upon. We all agree, we pray five times a day, we all agree we must have the will to face the table, etc. And certain issues were left, slightly Gray, and the scholars and folk AHA and Tabea own they differ amongst themselves. So what should you do Sister Sister, you're asking me sister, so

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Maria, you're asking me? What is the cat given or not? And I say to you, what is your methodology when it comes to 50 and 50 issues? Do you generally speaking, follow one of the established methods? If you do, then every time a chef has asked a question, make sure that you listen, if he's like me, and he gives all of the opinions generally speaking, find out which med hub you know you're going to be following like if you're hungry for your Shaftesbury when he says the Hanafi say this, follow it and End of story. And this has been the default position of the majority of the OMA and that's a good thing to do, because it brings about a level of consistency. That's the good thing. When you

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follow a School of Law, then you are being holistically consistent. You are being consistent in the paradigm in the methodology in the derivation. You are basing your opinions on a vast body of scholarship that goes back 1200 years, and it is quite established. Whichever school you follow is great. So this is the default, the historical default. And it is one that I also encourage no problem. If the school you were born in is Hanafi follow the Hanafi school if it's Shafi follow the Shafi school no big deal. Or if you feel that I don't want to study all of these Yanni the school and whatnot and whenever an issue comes, I will ask a scholar and I'll just follow that scholar and

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that's fine for me. I'm going to take a scholar that or you follow one particular scholar that you like overall and you just say whatever the chef, I trust him in his judgment, and I'm just going to follow this chef and the chef is inshallah person of repute a person of knowledge a person that a man and Taqwa and he or she understands the situation, no problem, you may follow this person in either way, you are following a learned authority. So, I will go over the various opinions and I will you know, concluded my own as well and then it is up to you if you follow a method that is fine, choose the method and if you wish for my opinion, I will incorporate it very gently within

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them. Who am I compared to these great giants? So think of this as well, anytime somebody says the correct opinion is well, that's his version of the correct opinion realize this right? Imam Shafi held an opinion Abu Hanifa

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to hold an opinion then really anybody in our times who says the correct opinion is any we have to just you know, take it with a grain of salt. I have the right to hold an opinion, but I have respect the right of the other people to think that their opinion is right there is a big difference between the two. So, this issue of zakat on

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jewelry let us firstly understand what are we talking about here? We're talking about gold or silver jewelry that is intended for decoration and personal use. This excludes jewelry that is not golden silver, your jewelry in your house that is diamonds that is rubies that is emeralds that is platinum, the jewelry that you beautify yourself with and it is these other stones, there is no zakat on that it's your beautification. There's also excludes the jewelry that is not meant for personal use. So for example the merchant who is a jeweler and he sells and buys jewels, and he sells and buys gold and he sells and buys necklaces and necklaces and bracelets, that persons that

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God is different. So we're talking about gold and silver jewelry that is personal. That's what we're talking about right now that is used by you or meaning buy used. You know you the intention is I'm going to wear it at a wedding or something. The intention is not to buy and sell. That's not the primary intention. Obviously everybody will sell something when massive prices offered. We're not talking about that. We're talking about why do you have it in your in your possession you bought it because you liked it. You bought it because you wanted to wear it you bought it or you were gifted it at your wedding and you're like I like this and I'm going to give it to my daughter to wear in

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her wedding. So the point is, is for decoration purposes now obviously it has value everybody knows that but you did not buy it to buy and sell that's not your goal. Neither was it gifted to to buy and sell it was gifted for you to wear so that's what we're talking about. When it comes to personal jewelry, golden silver, this is where we get to for your usage. We get to our two opinions here, the majority opinion and this is the Shafi opinion and the majority of the humbly school

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and the Maliki school. And there are some shoppers who disagree and somebody who's sorry and some ham ham buddies who disagree but the default of the shaft fairies, and the ham bellies and the Maliki's the majority of the three is that there is no zakat on your personal jewelry that is golden silver. There is no zakat on the jewelry that you want to beautify yourself with and you own and it is gold and silver. And this is the majority position of the OMA and they have a number of evidences that they go into of them is that Allah subhana wa Tada says in the in surah in the Quran in surah Tober one lady and I Acnezine they have our field daughter while a unit owner haffi Sevilla he

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formation on the either Aleem those who keep us treasures gold and silver and they don't spend it in the way of Allah those people will be punished a severe punishment those who keep as treasures gold and silver. The reference here according to the majority is clearly gold and silver coins that's what is kept us treasures, the necklace and the bracelets and the earrings doesn't come under your comfort zone or Ken's you don't call it that the treasure that you're investing in no so they use the Quranic term Ken's and they say personal jewelry really is not Ken's and so it's we're not going to consider it to be under this idea and therefore it is not it is not something that it will have

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Zakat, and they also use they also use the famous Hadith inside Buhari that our Prophet sallallahu alayhi wa sallam said the South Dakota yeah Masha and Nisa a woman holy you can give sadaqa Oh on Saudi ladies, even if it is from your jewelry. Now they say give sadaqa even is from your jewelry. He didn't say Zakat is obligatory he said give sadaqa sadaqa even if it is from your jewelry and sadhaka is voluntary. So Dr is not obligatory This is there being technical here that he used the term sadhaka and he says gives others but even if it is from your jewelry, and they also bring about other evidences as well of them is that the Prophet sallallahu alayhi wa sallam mentioned that there

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is no zakat to do on less than five op of silver five op of silver. Now there is a weight measurement that was used for silver coins. So you would weigh the coins

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or pure silver. So they say the fact that the profitsystem is bringing a weight measurement for silver coins, indicates that he wasn't worried about necklaces and jewelry. And so he's saying when you have coins because obviously, if you have silver coins and gold coins that you are using for currency, there is a cat on that if it is above the nisab so they say the fact that the Prophet salallahu it he was selling mentioned that if it is less than five or a year of gold of silver coins, there is no Zika do indicates he didn't tell the people add your lady's jewelleries He is literally saying according to this narration that are inferring you can say that only silver coins

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have zakat on them. So this is some evidences and they have other evidences as well of them is they say that is they say that the general rule and this is their strongest evidence, if you ask me their strongest evidence, the general rule is that whatever is for your personal use, is not the cuttable This is an English Arabic term, which is now common in textbooks, by the way, is that cuttable you will not find it in the Oxford Dictionary. But inshallah one day you will we need to add this terms, the cuttable because it's very perfect. We need to use it in English now. So what is the cuttable? By unanimous consensus, the clothes that you wear the house that you live in the car that you use

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the horse and camel or the horses and camels that are for your personal use, you don't give zakat on them. Okay, that it's your personal use the one that you're writing, that's not the cat knows the cat on that one. So they say that just like if you had horses and camels to buy and sell horses and camels to benefit from their milk and their meat and to buy and sell, there would be a cat on that, but not the horse or camel that you ride, your personal beast that you ride, there is no circuit. So they say golden silver that is converted to jewelry is like the camel that instead of it being used for meat and for milk and whatnot, which would be the catchable. You're using it for your personal

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writing, not the cattle so to according to them, that which is used for your personal use is exempt from zakat by unanimous consensus. And the rule is correct. Except when it comes to Golden silver. The other school says that's an exception. This is the point here. The rule is correct. Does the rule have an exception? The other school says it does these through school says no. There is no exception. The rule is the rule. What is the rule that witches for your daily usage is not as accountable. That's the rule. And what comes under this your car, your house that you live in, in contrast to the house that you're renting out or what not the house that you live in your clothes,

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okay? Your your desk your furniture, if you own the furniture shop buying and selling furniture, there is a cut on that the furniture in your house, there is no Pakatan that. So to this group argues if you had golden silver for currency, there's a cotton that when you have gold and silver for personal use, the lady has the jewelry, there is no zakat on that. So this is the majority position. And it is, as we said it has very strong evidences in its own way, who's left the Hanafi school and also in our times a number of the modern Salafi scholars as well. Even sorry, even Bas and bitter Athena, others let him home. They're also very strict on this issue that there is zakat

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on gold, there is a cut on gold and silver jewelry. And they and this is the Hanafy position by the way as well. There's the default of the Hanafi position and the the evidences that they have are quite a lot they have a number of evidences for this and have them is the exact same verse that was used by the majority one levena yetkin is una the habit will feel better. And they say Allah says those who keep golden silver as treasures. And so they said the jewelry is golden silver, so they jumped to the hub and filled up group number one jump to the mechanism. Treasurer. Group number two said they have been filled and we'll ignore that for you know, we'll interpret the first one so they

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said by unanimous consensus, you know, gold and silver jewelry is still called Golden silver right? Just because it's jewelry is still called Golden silver and therefore it will come under this verse, and

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they have a number of traditions as well that have them. The Prophet sallallahu alayhi wa sallam said anybody who owns gold or silver and does not give its right shall be punished on the Day of Judgment. The hadith goes on. So the Prophet says is that anybody who owns golden silver and they said jewelry is still gold and silver jewelry is still gold and silver. And they also mentioned the

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The issue of the Prophet sallallahu I said, I'm asking a lady that have you given charity on what she is wearing. And she said, I have so that the prophets has said, Well, if you had not, then what you are wearing would actually be a source of punishment for you. And there are a number of traditions of the of the Sahaba and have your own of them that indicate both of these sides that you give zakat on jewelry, you don't give zakat on jewelry. So the point being that you do have strong opinions on both sides, and there are logical and rational and textual evidence is that both of these camps use. So what am I going to add that hasn't been added for the last 14 centuries,

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nothing. There's nothing to be added over here. My advice to sister is really to follow your school, whichever it is, and me personally, in my own life, and in my own families and whatnot.

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This is an awkward thing to say even though I believe that the majority opinion makes more sense. Still, in this case, I follow the minority opinion, which is the Hanafy opinion, simply because it is the safer one. And because my conscience is then clear that it is something that I feel clearer and clearer about. And also, there does seem to be you know, one or two, a hadith that are a little bit explicit in this regard. The other school interprets those Hadith as we explained in their ways, and there's nothing wrong with that. Nonetheless, if you were to follow your School of Law, whatever it is, you are perfectly safe and fine. In the end of the day, this is a legitimate controversy. So

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either you follow your school or if you ask me, perhaps the safest opinion is that you actually do give zakat and Allah subhanahu wa Tada knows best and with that insha Allah will come to the conclusion of today's lesson inshallah we'll continue next week. Chisago Malabo, Quran Salam aleikum wa rahmatullah wa barakato.

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