Fatwaa ID: 689

Question:
Salaams a friend had jewells kept by a friend fo 18 years
N over those years she forgot sbt it
N nev giv zakaath
Now da Jewellery is valued 100.000
What must she do
How muc mus giv

Clarification:
Salaams u wanted to know why it was kept by a friend
Maaf actually she says her brother was keeping it in his flat for safety cause her house was not safe enough

Answer:
In the Name of Allaah, the Most Gracious, the Most Merciful.
As-salaamu ‘alaykum wa-rahmatullaahi wa-barakaatuh.

We understand from the details of your query that the brother kept his sister’s gold or silver jewelry in his possession with her permission for safe keeping. However, the sister forgot about this for the past 18 years. She thus did not pay zakaah on it for these past years as well. Hence, in the enquired situation, zakaah will have to be backdated for the past years for the said jewelry. She will find out the scrap value of gold/silver for the past 18 years on her zakaah date and figure out the scrap value of her jewelry. She will then pay 2.5% of its scrap value for each of the years.

And Allaah Ta’aala knows best.
Mufti Muajul I. Chowdhury
Darul Iftaa New York
https://askthemufti.us/

08/04/1444 AH – 02/24/2023 CE | AML1-7174

وصل اللهم وسلم وبارك على سيدنا محمد وعلى ءاله وصحبه أجمعين

النتف في الفتاوى (1/172)
اﻟﻤﺎﻝ اﻟﻐﺎﺋﺐ اﻟﺬاﻫﺐ
ﻭاﻟﻮﺟﻪ اﻟﺜﺎﻟﺚ اﻟﻤﺎﻝ اﻟﻐﺎﺋﺐ اﻟﺬﻱ ﺫﻫﺐ ﻣﻨﻪ ﻭﻫﻮ ﻋﻠﻲ ﺧﻤﺴﺔ ﺃﻭﺟﻪ
اﺣﺪﻫﺎ اﻟﻤﻐﺼﻮﺏ ﻭاﻟﺜﺎﻧﻲ اﻟﻤﺴﺮﻭﻕ ﻭاﻟﺜﺎﻟﺚ اﻵﺑﻖ ﻓﻼ ﺯﻛﺎﺓ ﻋﻠﻴﻪ ﻓﻴﻬﺎ ﻭاﻟﺮاﺑﻊ اﻟﺬﻱ ﺃﺿﻠﻪ ﻭاﻟﺨﺎﻣﺲ اﻟﺬﻱ اﺧﻔﺎﻩ ﻭﻧﺴﻲﻫ ﻓﻬﻮ ﻋﻠﻰ ﻭﺟﻬﻴﻦ
اﺣﺪﻫﻤﺎ ﻳﻜﻮﻥ اﺧﻔﺎﻩ ﻓﻲ ﻣﻠﻜﻪ ﻣﺜﻞ ﺩاﺭﻩ ﻭﺻﻨﺪﻭﻗﻪ ﻭﻧﺤﻮﻫﺎ ﻓﺎﺫا ﻭﺟﺪﻩ ﻓﻌﻠﻴﻪ ﺯﻛﺎﺗﻬﻦ ﻟﻤﺎ ﻣﻀﻰ ﻭاﻟﻮﺟﻪ اﻟﺜﺎﻧﻲ اﻥ ﻳﻜﻮﻥ ﻗﺪ اﺧﻔﺎﻩ ﻓﻲ ﻏﻴﺮ ﻣﻠﻜﻪ ﻣﺜﻞ ﺧﺮﺑﺔ ﺃﻭ ﺑﺮﻳﺔ ﻭﻧﺤﻮﻫﺎ ﻓﺎﻥ ﻭﺟﺪﻩ ﻓﻼ ﺯﻛﺎﺓ ﻋﻠﻴﻪ ﻟﻤﺎ ﻣﻀﻰ
ﻭﺃﻣﺎ اﻟﺬﻱ اﺿﻠﻪ ﻓﺤﻜﻤﻪ ﻛﺤﻜﻢ اﻟﺬﻱ اﺧﻔﺎﻩ ﻭنسيه ﺑﻌﻴﻨﻪ

تحفة الفقهاء (1/296)
ﻭﺃﺟﻤﻌﻮا ﺃﻧﻪ ﺇﺫا ﺩﻓﻦ ﻓﻲ اﻟﺤﺮﺯ ﻣﻦ اﻟﺪﻭﺭ ﻭﻧﺤﻮﻫﺎ ﻭﻧﺴﻲﻫ ﺛﻢ ﺗﺬﻛﺮ ﻓﺈﻧﻪ ﺗﺠﺐ ﻋﻠﻴﻪ ﺯﻛﺎﺓ ﻣﺎ ﻣﻀﻰ
ﻭﻛﺬﻟﻚ ﺇﺫا ﺃﻭﺩﻉ ﺭﺟﻼ ﻣﻌﺮﻭﻓﺎ ﺛﻢ ﻧﺴﻲﻫ ﺳﻨﻴﻦ ﺛﻢ ﺗﺬﻛﺮ ﻓﺈﻧﻪ ﻳﺠﺐ ﺑﺎﻹﺟﻤﺎﻉ

بدائع الصنائع (2/9)
ﻭﻟﻮ ﺩﻓﻊ ﺇﻟﻰ ﺇﻧﺴﺎﻥ ﻭﺩﻳﻌﺔ ﺛﻢ ﻧﺴﻲ اﻟﻤﻮﺩﻉ ﻓﺈﻥ ﻛﺎﻥ اﻟﻤﺪﻓﻮﻉ ﺇﻟﻴﻪ ﻣﻦ ﻣﻌﺎﺭﻓﻪ ﻓﻌﻠﻴﻪ اﻝﺯﻛﺎﺓ ﻟﻤﺎ ﻣﻀﻰ ﺇﺫا ﺗﺬﻛﺮ؛ ﻷﻥ ﻧﺴﻲاﻥ اﻟﻤﻌﺮﻭﻑ ﻧﺎﺩﺭ ﻓﻜﺎﻥ ﻃﺮﻳﻖ اﻟﻮﺻﻮﻝ ﻗﺎﺋﻤﺎ؛ ﻭﺇﻥ ﻛﺎﻥ ﻣﻤﻦ ﻻ ﻳﻌﺮﻓﻪ ﻓﻼ ﺯﻛﺎﺓ ﻋﻠﻴﻪ ﻓﻴﻤﺎ ﻣﻀﻰ ﻟﺘﻌﺬﺭ اﻟﻮﺻﻮﻝ ﺇﻟﻴﻪ

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