Factors that make Zakaat compulsory

Zakaat for a person whose debts are more than his assets

Q: I have wealth more than nisaab (R50 000) that makes zakaat compulsory upon myself. I took a loan from a relative (R1.2m) to purchase a house. I will be repaying him over monthly installments (R10 000) over the next 10 years. Hence, in essence, my debt is more than my assets.

1. How do I calculate my zakaat?

2. Does this make me a recipient of zakaat?

Zakaat on an empty land

Q: We are three brothers living in one house but due to some clashes a few years back, two of us decided to move out of that house. We bought some land quickly with the intention of building a house on it. But then things settled down with our third brother and now all three of us are living in the same old house.

For the land that we two brothers bought, we have no immediate plan to build a house and it is there just in case one of us loses his job so he may start a business after selling that land.

Do I have to pay to zakaat on that land as I bought it with the intention of building a house but right now we might sell it in the future if anyone’s financial situation becomes tight?

Zakaat on crops

Q: We got a land as inheritance from my father: a portion of which he inherited from his mother and the rest of the land was purchased by my father from his heirs i.e my uncles. His mother also received the land as inheritance.

Zaid is living on this land and whatever vegetables, crops are grown there, I am responsible for providing the seeds and other expenses. Zaid looks after them, sells them in the market and then the profit is distributed as a 50 percent share. From the 50 percent that we receive, it is further divided into 8 parts, one part is received by 3 sisters and my mother each. While 2,2 parts belong to me and my brother.

Previously rainfall was the source of water for this land but almost 6 months ago we purchased a motor to draw water from the small natural water stream that passes through the land. The land is not plain, instead it has many small hills in it so the irrigated portion is quite less. Sometimes I get only a little portion of vegetables that cannot be sold so its used at home.

I want to inquire how to give ushar on the produce from this land?

Zakaat on a fish farm

Q:

1. I have a fish farm. How do I pay zakaat on it ? Do I have to pay zakaat on the amount of fish I have purchased for or do I have to pay on the current market price of all the fish I have?

2. What if most of the fish died and I am unable to know the exact amount of fish in the farm?

Zakaat on a debt that is payable after a long period of time

Q: Zaid and Ahmad are partners in a business. Zaid wishes to sell his share to his partner for R10 million. The payment terms agreed upon are that half the amount will be paid cash and the other half will be paid AFTER 48 months in 12 equal monthly installments. In other words, for the first 48 months there will be no installment paid. The question refers to the zakaat obligation during this time. Is Zaid liable to pay zakat on the R5 million owing to him during these 48 months?

Zakaat on retirement pension

Q: If a pension is released to an employee at the time of retirement and according to statutory law you can only cash in 1/3 of it, while the remaining 2/3 has to be re-invested in a similar fund (money never coming into your hands of the retiree) directly being re-invested on behalf of the retiree to receive a monthly pension from the investment. What are the zakaat implications on the following:

1. Is zakaat payable on the 1/3, if the retiree opt to take the 1/3?

2. Is zakaat payable on the 1/3 if the retiree opt NOT to take the 1/3?

3. Is zakaat payable on the remaining portion of the reinvested amount?

4. Is zakaat payable on the monthly income derived from the re-invested amount?