Zakaah on shares in real state companies

Question

Praise be to Allah.

In the answer to question no.
69912 we have discussed the zakaah
on shares in detail, including when it is due and when it is not due.

With regard to shares in real estate companies, one of the
following two scenarios must apply:

1 – The companies buy land in order to build on it or make
use of whatever buildings are on it to rent them out, for example, so there
is no zakaah on these shares, rather zakaah is due on the profits only, if
they reach the nisaab and one year has passed, because these lands and
properties are not subject to zakaah, rather zakaah is due on their returns
or income if it reaches the nisaab and one year has passed.

But it should be noted that these companies’ reserves are
bound to contain cash and funds in the bank, and this money is subject to
zakaah, so it is essential to know what proportion of these funds each share
represents, and pay zakaah on it each year.

2 – Or the companies buy properties – land or buildings –
with the aim of trading in them. These shares are regarded as trade goods,
so zakaah is due on them and on their profits. So zakaah must be paid
according to their value each year, plus their profits. This is the usual
activity of real estate companies.

Shaykh Ibn ‘Uthaymeen (may Allaah have mercy on him) was
asked about a man who bought shares in a piece of land belonging to a
real-estate company. Many years have passed – how should he pay zakaah on
that?

He replied:

It would seem that these shares are trade goods, because
those who buy shares in land intend to trade them and earn from them, hence
they have to pay zakaah on them every year, by working out their value and
paying zakaah. So if a person has thirty thousand shares and at the end of
the year they are worth sixthy thousand, he has to pay zakaah on sixty
thousand. If at the end of the year the thirty thousand is worth only ten
thousand, then he only has to pay zakaah on ten thousand. Based on this, the
questioner has to work out the zakaah for every year, and he should pay
zakaah for each year. But if these shares have not yet been sold, he should
pay zakaah on them when they are sold. But no one should be negligent,
rather he should sell them for whatever Allaah decrees, and then pay the
zakaah on them. End quote.

Majmoo’ Fataawa Ibn ‘Uthyameen,
18/226

The scholars of the
Standing Committee for Issuing Fatwas were asked about a man who bought
shares in a piece of land, then sold them after five years. How should he
pay zakaah on them?

They replied:

He should pay zakaah for each of the four previous years,
according to their value each year, whether he made a profit or not, and he
should pay zakaah on the profit and on the capital for the last year. End
quote.

Fataawa al-Lajnah al-Daa’imah,
9/350

This applies whether the
company sells the land as it is or builds on it and then sells it.

Shaykh Ibn ‘Uthaymeen was asked about a man who buys land
and, at the time of purchasing, intends to sell it when it has been built
on. After the building is completed, he offers it for sale, and after
receiving its price, he buys more land and so on. Does he have to pay zakaah
in this case?

He replied:

The zakaah on trade goods
is due on this land, because he has bought it in order to make a profit from
it, and it makes no difference whether he intends to sell it before
developing it or afterwards. This is like one who buys fabric in order to
make a profit from it after sewing it into garments. End quote.

Majmoo’ Fataawa Ibn ‘Uthaymeen,
18/227.