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Fatwa #130642 November 2004South Africa

I made an oath a few years ago that if a certain event happened I would give 5% of my net monthly salary to charity.

Question

In fulfulling the oath I have made an intention to accumulate the money each month for a certain number of years, and then use it for something more significant and long-lasting than just giving out food to the poor. To ensure that I keep aside the required money I have actioned monthly debit orders for 2 different investements i.e. Albaraka and Oasis. The sum of the monthly debit orders is greater than the 5% due by me in fulfillment of the oath (I thought I could invest for myself at the same time). My questions are, when I do decide to pay the money for a charitable cause, do I have to pay over the nominal amount of money (i.e. 5% of my net salary) that I invested every month; or do I have to pay over this amount plus any growth it had over the years? What if the investments made losses? From which investment do I have pay over the money?

Answer

In the case described by you, you are only obliged to pay the nominal amount, i.e. 5% of your net salary since this is what your oath comprised of. You do not have to pay out any amount beyond this 5% from the profit on your investment.

Furthermore, the 5% net will nonetheless apply if the investments make a loss. In short, the 5% net will apply irrespective of the performance of your investments.

and Allah Ta'ala Knows Best

Mufti Muhammad Kadwa
FATWA DEPT.
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