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Question:

Is a property purchased for personal use or a buy to let but with a plan to surely sell this in future when market conditions are right Zakatable?

In the Name of Allah, the Most Gracious, the Most Merciful.

As-salāmu ‘alaykum wa-rahmatullāhi wa-barakātuh.

The Answer:

The property is not Zakatable at present.  The property will not be Zakatable even when put on the market.  Upon the sale taking place, the net income on one’s Zakat anniversary will be Zakatable.

The Fiqh (jurisprudence of the answer):

The property at present is not Māl Nāmī as it is not for sale (Tijārah). A conditional intention is not sufficient to activate an asset as Zakatable[1].  Therefore, a property bought as a buy to let with the intention to sell one day in the future will not be Zakatable at present.

And Allah Ta’ālā Alone Knows Best

Mufti Faraz Adam 
www.darulfiqh.com

The Answer is correct.
Checked and approved by Mufti Mohammed Zubair Butt

DISCLAIMER:
The views and opinions expressed in this answer belong only to the author and do not in any way represent or reflect the views of any institutions to which he may be affiliated.
Arguments and ideas propounded in this answer are based on the juristic interpretations and reasoning of the author. Given that contemporary issues and interpretations of contemporary issues are subjective in nature, another Mufti may reach different conclusions to the one expressed by the author. Whilst every effort has been taken to ensure total accuracy and soundness from a Shari’ah perspective, the author is open to any correction or juristic guidance. On the event of any juristic shortcomings, the author will retract any or all of the conclusions expressed within this answer.
The Shari’ah ruling given herein is based specifically on the scenario in question.  The author bears no responsibility towards any party that acts or does not act on this answer and is exempted from any and all forms of loss or damage.  This answer may not be used as evidence in any court of law without prior written consent from the author.  Consideration is only given and is restricted to the specific links provided, the author does not endorse nor approve of any other content the website may contain. 


[1]  وَلَوْ اشْتَرَى عَبْدًا لِلْخِدْمَةِ نَاوِيًا بَيْعَهُ إنْ وَجَدَ رِبْحًا لَا زَكَاةَ فِيهِ (البحر الرائق ج 2 ص 246 ط أيج أيم سعيد)

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