[Q-ID0444] Do I have to pay Zakah on the value of my properties or just the rent I receive from them?

QUESTION:

What do the scholars and muftis of the noble Shari’ah say regarding this matter; I have bought two houses in Pakistan and I am receiving rent from them. Do I have to pay Zakāh on the value of the two houses or is it necessary on the money I receive from rent alone?

Questioner: Taalib from England

ANSWER:

بسم اللہ الرحمن الرحیم
الجواب بعون الملک الوھاب اللھم ھدایۃ الحق والصواب

In the scenario of the question, the houses have been given out on rent. Therefore, Zakāh will not be payed upon the value of the two houses. Rather, it will be necessary to pay Zakāh on the money received from rent as long as the other conditions of Zakāh are met. This is because Zakāh is only given upon māl-e-nāmi (wealth that grows in nature) and houses do not fall into this category. However, if the houses were purchased for commerce i.e. to sell, then due to becoming māl-e-tijārat (wealth used for business), it will become wājib to give Zakāh upon the value of the houses; otherwise it will not be necessary. As mentioned in Masbūt Sarkhasi:

“لِأَنَّ نِصَابَ الزَّكَاةِ الْمَالُ النَّامِي وَمَعْنَى النَّمَاءِ فِي هَذِهِ الْأَشْيَاءِ لَا يَكُونُ بِدُونِ نِيَّةِ التِّجَارَةِ”

“…because the nisāb of Zakāh is māl-e-nāmi and this meaning is not found in these things unless the intent of commerce is found.”

[Kitāb-ul-Mabsūt Vol.2 pg.264]

In response to a similar question, Mufti Waqār-ul-Dīn علیہ الرحمۃ states:

“That house which has been constructed without the intent of being sold but rather it has been built for personal use, Zakāh will be given from the money received from renting out that house and not from the value of it.”

[Waqār-ul-Fatāwa Vol.2  pg.391]

واللہ تعالی اعلم ورسولہ اعلم صلی اللہ علیہ وآلہ وسلم
کتبہ ابو الحسن محمد قاسم ضیاء قادری

Answered by Mufti Qasim Zia al-Qadri
Translated by Dawud Hanif

Read the original answer in Urdu here – [Q-ID0444] Do I have to pay Zakah on the value of my properties or just the rent I receive from them?

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