Q. I know a person who one year after earning enough to be a zakah payer paid out his zakah. After that, he used half of his savings to buy a piece of land to build a house for his residence. By the same time the following year he will have only about half the money he had on his zakah date, in addition to the land. What will his zakah liability be?
S.M.
A. Let us assume that the person concerned had in Ramadan of Year 1 only enough to make him a zakah payer. This means that he had above what he needed for his living, an amount equal to the value of 85 grams of gold. Let us assume that this amount is about SR3,000. This is the threshold of zakah, which makes a person a zakah payer. In Ramadan of Year 2, his savings amounted to SR20,000. He pays zakah on all this amount at the rate of 2.5 percent. Now, two months later, he takes out something like SR12,000 to buy a plot of land where he intends to build a house for his family’s residence.
He continues to save and in Ramadan of Year 3, his savings amount to, say, SR10,000. He is above the threshold of zakah. So he pays his zakah on the amount of savings, i.e. SR10,000 only, because the land is intended for building house.
If we assume that he used the money for another purpose, he may still need to pay zakah for it. Suppose that he went into business partnership and paid this amount to buy merchandise. On his zakah date, he calculates the value of the goods he owns and includes it in his zakah.
Although in both cases the man did not have more than SR10,000 in cash, the difference is due to the nature of ownership in both cases. Commercial commodities are liable to zakah while a house is not. Had the land he bought been intended for re-sale at a profit, it would have counted as a commercial commodity and zakah should be paid on its value on the date his zakah becomes due.
Q.1. I realize that a woman must take a bath when she has finished her period in order to resume praying. Does she have to take a bath before she can have sex with her husband?
Q.2. I intended to fast every Monday. What should I do when I am in the period, or if I forget or I am ill, or during Ramadan?
(Name and address withheld)
A.1. When a woman is in her menstruation period, she is exempt from praying and fasting, and she cannot have intercourse with her husband, but they can have foreplay, as long as it remains short of intercourse. When a woman is certain that her period is over, she takes a bath or a shower, washing her private parts thoroughly and washing all her body with water. When she has done that, she resumes praying. She can resume fasting before taking a bath, but she needs to take her bath as soon as possible.
As for sex, we need to look carefully at the relevant Qur’anic verse: “They ask you about menstruation. Say: ‘It is an unclean condition; so keep aloof from women during menstruation, and do not draw near to them until they are cleansed. When they have cleansed themselves, you may go in unto them in the proper way, as God has bidden you. God loves those who turn to Him in repentance, and He loves those who keep themselves pure.” (2: 222)
The prohibition of sexual intercourse lasts “until they are cleansed”, which means the end of the period. So, when the period is over, the prohibition is over. However, the verse continues: “When they have cleansed themselves, you may go in unto them in the proper way.” So the cleansing act, which is the bath, is required for a healthy and clean intercourse. This means that while it is not forbidden to have intercourse after the end of the period, a shower or a bath before it is required.
A.2. I am not clear what you mean by “intended” because the relevant word in Arabic is used differently in different places. In some Muslim countries, the word is used to express an actual “pledge”, which is referred to in Arabic as nadhr. This normally takes the form of a commitment to do something for God’s sake.
It may or may not be connected to a particular event taking place. This is binding and must be done, unless the commitment is to do something forbidden. People normally do this thinking that it is a means to achieve certain purposes they have. But in fact, it is not a good thing to do. It is much better to pray to God to fulfill the wish we have, appealing to Him for help. In the Qur’an we are advised: “Ask God to give you our of His grace.” We must remember that God does not need our fasting, prayer, charity or any type of worship. What we do of worship is for our own benefit. We are better people for the worship we offer. But the worship signifies our firm belief in God, and He rewards us for such belief and for compliance with His orders. Still when a person makes such a pledge it must be done. If this is what you mean by your intention, then you must fast every Monday. When you cannot, because of illness or your period, you compensate for it in the same way as you compensate for not fasting in Ramadan during your period. In other words, you fast on other days after you have recovered or finished your period. The fact that it is not a Monday is of no consequence, because your pledge is the fasting. As for Ramadan, you do not need to compensate, because you will be fasting every Monday. If this pledge commits you for the length your life and you get old when fasting becomes very hard for you, you compensate for fasting by feeding a poor person two meals for each day.
On the other hand, the word “intended” may be taken in its Arabic meaning, which is a mere intention, or directing one’s mind to something, like when you says: “I aim to finish this piece of work by 3 o’clock.” In this case, you are not obliged to fulfill that intention. You can change your mind. As such, if you carry on with your intention, you do not need to compensate for not doing it at anytime for any reason.
