Question:
In the book Funds in the Khilafah State on page 144 (the English version), it mentions the following:
“However if the Nisab of gold and silver is complete from the beginning of the year and it increases during the year then if the increase emanated from trade it is added to the original amount (Asl). This is because the year of the increase is considered the same as the year of the original amount, for the increase is of the growth of the original money, and is of its own type, so it has the same rule.
However, if the increase was of the Nisab’s type but it did not come through the means of growth such as if it came from inheritance or donation, then a full year must pass upon this increase. It is not added to the original amount nor does it take the rule of its year.”
The first paragraph is clear… As for the second paragraph, does it mean that if my money reaches the Nisab (amount of zakat due) in Muharram of this year, but if four months later in Jumada al-Awwal I receive one thousand dinars from inheritance, does is it mean that my money has two Hawl (time period), i.e. I pay zakat on the original Nisab next Muharram, but I pay zakat on the inheritance next Jumada al-Awwal? That is, there will be two dates to pay Zakat every year? Or is it permissible for me to pay zakat on the inheritance with the original Nisab, i.e. I pay all my zakat in Muharram next year?
Answer:
The money which is not used from your original Nisab that you posses, its zakat must be paid after it reaches its Hawl (a year passes while wealth is in your possession) and not at the Hawl of the original Nisab; for example: if you have the Nisab (85 grams of gold or 200 dirhams of silver) in Muharram this year, the Zakat on this Nisab must be paid after a year passes on it (Hawl) if it is not used, (becomes less than the Nisab).
If you gain one thousand dinars through trade of the above mentioned Nisab in Jumada al-Awwal, then it is added to what you have and you pay zakat on all of the money in Muharram of next year. As for what came from inheritance i.e. not because of the Nisab that you have, then zakat must be paid on it after a year passes on it (Hawl), and not at the Hawl of the Nisab. This is as mentioned in your question, i.e. you must pay the Nisab in Muharram next year if it is not used (the Nisab decreases). And you must pay Zakat on the inheritance in in Jumada al-Awwal of next year, which means that the Nisab has a separate Hawl from the inheritance, which has its own Hawl; this is in terms of the obligation (wujub).
However it is permissible for you to pay the zakat on the inheritance with the original Nisab in its Hawl, i.e. in Muharram, and not to wait until the Hawl of the inheritance comes in in Jumada al-Awwal, in other words you pay zakat on your money only once after the Hawl is passed on the Nisab that you own, i.e. in Muharram. This is because it is permissible to hasten in paying the zakat, i.e. to pay it before its Hawl is reached. It is permissible for you to pay zakat on the inheritance before its Hawl is completed, and pay its zakat with the original Nisab. This is because the Shar’ allowed hastening of the payment of zakat after the Nisab is reached, and before a year passes on it (Hawl is completed), But the obligation (wajib) is to pay it ‘after the Hawl is completed.
The following are the evidences for hastening the zakat payment before the Hawl is completed on the Nisab:
Al Bahaqi extracted in his Al-Sunan Al Kubra from Ali:
“أَنَّ الْعَبَّاسَ رَضِيَ اللهُ عَنْهُ سَأَلَ رَسُولَ اللهِ صَلَّى اللهُ عَلَيْهِ وَسَلَّمَ فِي تَعْجِيلِ صَدَقَتِهِ قَبْلَ أَنْ تَحِلَّ فَأَذِنَ لَهُ فِي ذَلِكَ”.
“Al Abbas (ra) asked the Messenger of Allah صلى الله عليه وسلم if he can hasten in paying his Sadaqa before its Hawl is completed, the Messenger صلى الله عليه وسلم gave him the permission to so.”
Al-Darqitni extracted in his Sunan from Hujr Al Adawi from Ali that he said: The Messenger صلى الله عليه وسلم said to Umar:
«إِنَّا قَدْ أَخَذْنَا مِنَ الْعَبَّاسِ زَكَاةَ الْعَامِ عَامِ الْأَوَّلِ»
“We took zakat of the year from Al Abbas in the first year.”
Al-Darqitni extracted from Musa Bin Talha from Talha that the Prophet صلى الله عليه وسلم said:
«يَا عُمَرُ أَمَا عَلِمْتَ أَنَّ عَمَّ الرَّجُلِ صِنْوُ أَبِيهِ؟ إِنَّا كُنَّا احْتَجْنَا إِلَى مَالٍ فَتَعَجَّلْنَا مِنَ الْعَبَّاسِ صَدَقَةَ مَالِهِ لِسَنَتَيْنِ». اخْتَلَفُوا عَنِ الْحَكَمِ فِي إِسْنَادِهِ وَالصَّحِيحُ عَنِ الْحَسَنِ بْنِ مُسْلِمٍ مُرْسَلٌ.
“O Umar did you not know that the Uncle of the Man is the Twin of his father? We needed money so we took sadaqa from the money of Al Abba for two years, earlier.”
There was a disagreement in the Isnad of Al Hakam and the correct is from Al Hassan Bin Muslim, it is Mursal (transmitted).
In conclusion, the inheritance you received months after your possession of the Nisab, it is obligatory (Wajib) to pay its Zakat after its Hawl, and not after the completion of the Hawl of the Nisab, but its Zakat is permissible to paid with the completion of the Hawl of the Nisab, i.e. before the completion of the Hawl of the inheritance that you received. This is because it is permissible to hasten the payment of zakat according to the related evidences.
1 Sha’ban 1435 AH
30/5/2014 CE