Q: It is well known that people are dealing
in shares through which they buy real estate.
Some of them freeze their funds for years during which they increase and decrease for a period of time that might extend to four, five, or more years. If its owner wants to sell them in the market before Zakah is due on real estates, these shares might increase or decrease in terms of the value with which he bought them. This case can remain for a number of years. The said owner might also have some money invested in lands and he intends to sell them when the market goes up and so on. The question is: Is a person obliged to pay annual Zakah on shares invested in real estate (Part No. 9; Page No. 353) which have not been sold until now although they remained with their actual value for a long period of time, or even less than its actual value in the market? As for the lands bought for trading and earning money, is there any annual Zakah on them as in the case of traded goods? Or is paying Zakah on these lands delayed until its owner sells them according to the opinion of some scholars, because many years might have passed and they have the same value without increasing or decreasing. Similarly, if these lands are subject to Zakah, should it be paid every year regardless of how many years pass or just once? And if the owner sells the lands, is he obliged to pay Zakah for the elapsed years or just for one year? It should be mentioned that the person might invest large sums of money in these shares and real estate, and if he wants to pay its due Zakah, he gets a loan or sells some of them, i.e. he keeps money but when he has money he buys more shares and estate.
A:
The shares mentioned in the question are a kind of trade goods, so Zakah must be paid on them. They should be evaluated every year according to their current value, not the purchase price. If the owner has money, he may pay from it, otherwise he should pay Zakah for the past years from their value after selling them and taking the money. The same applies to real estate used for trading, but invested in shares.May Allah grant us success. May peace and blessings be upon our Prophet Muhammad, his family, and Companions.