Is Zakat obligatory on the value of half a shop used for work, not for trade, and on a house offered for sale with the intention of living in it, not for trade, knowing that a year has passed since the house was offered for sale?
Firstly: The rental contract for a quarter of the shop's income is invalid due to the unknown rent. It must be annulled, and the equivalent rent (ujrat al-mithl) for the past period must be paid. A known rent should be specified upon renewal.
Secondly: The questioner's share of the shop is not subject to as long as he does not intend it for trade, based on the Prophet's (PBUH) saying: "There is no (zakat) on a man's slave or horse."
Thirdly: Zakat is due on the shop's rent if a full year (hawl) passes while it is in the questioner's possession. However, it is not obligatory until it is received and a year passes over it, as its ownership is not stable before that.
Fourthly: Zakat is not obligatory on a house offered for sale until it is sold. Its price is then subject to the passing of a year (hawl). If a year passes while the money is in the questioner's possession, its zakat becomes obligatory.
Summary from Ftawy's records · added here
Reviewed by El Fatwa's sharia committee.
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- Summary from Ftawy's records, reviewed by El Fatwa's sharia committee.
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