Receiving Zakaah if one owns a second property
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.
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.
References (Arabic / Urdu sources)
[Re: Fataawa Uthmaaniyyah Vol:4 Pg:126, Kitaab-un-Nawaazil Vol:6 Pg: 507 -508, Aap Ke Masaa’il Aur Unka Hal ]
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)
- Answered by
- Maulana Ahmed Saeed
- Checked & approved by
- Mufti Mohammed Desai Saheb
Where scholars differ, it’s safer to take the more cautious view.
Fatawa SA is an independent, read-only index of fatawa already published by Darul Ifta Ibn Masood. It is not a fatwa service. For your own situation, please ask a Mufti. Report an issue
For corrections or mistakes, please email us at fatawasa786@gmail.com.
Source: Darul Ifta Ibn Masood — https://fataawa.co.za/receiving-zakaah-if-one-owns-a-second-property/
Fatawa SA: https://fatawa.co.za/fatwa/ibnmasood-29728
People also ask
Is zakaat payable on property and rental income?
“1. In principle, zakat will only be wajib on land if it is bought with the intention of selling it. Therefore, zakat is not wajib on the land you bought. 2. It will be permissible to consider the zakat you paid for that land as…”
Ask Imaam · 122 fatawa from 6 Darul Iftas on this
What the Darul Iftas say