Zakah Whilst Indebted
Fatwa No: 401893

Question

I buy 1 home from realstate and it is under construction and I pay around 50% money of value. After completetion of full payment is on my name. Is that 50% money are applicable for zakaahjQuery1110009113184871700875_1558163411025?

Answer

All perfect praise be to Allah, The Lord of the Worlds. I testify that there is none worthy of worship except Allah and that Muhammad  sallallaahu  `alayhi  wa  sallam ( may  Allaah exalt his mention ) is His slave and Messenger.

If you do not want the house you mentioned for trade, but you intend to live in it and use it yourself, then you are not obliged to pay Zakah on it even after receiving it. As for the amount that you still owe to that company, if you already possess that amount, then you count as a debtor. Our view regarding the Zakah on the debtor, is that if he possesses what exceeds his needs, such as a real estate, a car or the like, which can match the amount of that debt, then he is obliged to pay the Zakah of the wealth he owns if it has reached the amount of Nisaab. However, if he does not have enough wealth to match the amount of that debt, then he is not obliged to pay Zakah on this money. Ibn Qudaamah said: "The debt drops the obligation of Zakah if it is equivalent to the Nisaab amount (in one's position), reduces the wealth below that of the Nisaab, or one doesn't own other than the amount of the Nisaab or he owns only something that he cannot do without."

Allah Knows best.

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