QUESTION:
A person has no income but owns a 50% share in a house worth 2 million. The other shareholder refuses to sell so he can’t access those funds. He also owns a car. Are they eligible for Zakaat?
ANSWER:
The car, which is a necessity, and the second home which was inherited, will not be Zakaatable. Hence, if the person does not possess Nisaab and is experiencing financial difficulty, then accepting Zakaat will be in order.
[Re: Fataawa Uthmaaniyyah Vol:4 Pg:126, Kitaab-un-Nawaazil Vol:6 Pg: 507 -508, Aap Ke Masaa’il Aur Unka Hal ]
However, it is incorrect for the remaining heir to prevent him from selling his portion of the property. The other heir may purchase his portion of the property from him or, alternatively the property should be sold and the heirs should be given their portions of inheritance.
وليس في دور السكني وثياب البدن واثاث المنزل (شامي ج٣ ص١٨٧)
(وَمِنْهَا فَرَاغُ الْمَالِ) عَنْ حَاجَتِهِ الْأَصْلِيَّةِ فَلَيْسَ فِي دُورِ السُّكْنَى وَثِيَابِ الْبَدَنِ وَأَثَاثِ الْمَنَازِلِ وَدَوَابِّ الرُّكُوبِ وَعَبِيدِ الْخِدْمَةِ وَسِلَاحِ الِاسْتِعْمَالِ زَكَاةٌ (الفتاوي الهندية ص172 ج1)
ALLAH TA’ALA ALONE IN HIS INFINITE KNOWLEDGE KNOWS BEST!
ANSWERED BY:
Maulana Ahmed Saeed
Date:- 12 Rajab 1445 / 24 January 2024
CHECKED AND APPROVED BY:
Mufti Mohammed Desai Saheb
