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 Is it fard to pay zakat for the deposit money?

Should the lessee and the lessor pay zakat for the deposit money?

Answer:

Since neither the lessee nor the lessor can use the deposit money, none of them is liable to pay zakat for it

Deposit in other words money that is in charge of the householder is regarded as “aqd al ariyat” that means “loan contract”.

Ariyat means loan, borrowed property; anything that has been taken or given at call temporarily. Ariyat also means transfer of a property with the purpose of taking back without asking anything in exchange. (al Sarahsi, al Mawsili, al Ikhtiyar, Bilmen, The Qamus of Istılahat al Fiqhiyya)

The use of ariyat property requires being the possessor of it. (Shamil Islam Encyclopedia)

One of the conditions that makes zakat fard for a property is “tamalluk” that means being the complete possessor of that property. “The complete tamalluk” means the person’s having the property on his disposal.

It is fard for a person to pay zakat for a property as long as that property is in his hand or in his possession and nobody else has any rights on that property and the benefit that will emerge from that property belongs to him. In view of this condition, as the deposit paid to the householder is a kind of ariyat (loan, amanah) the householder is not legislated to pay zakat for it; because he doesn’t have the complete tamalluk for it.

 The lessee is also not incumbent to pay zakat for the deposit. Because it is not fard to pay zakat for a property if the property is not on his disposal although he has it (such as  mahr which a woman has not taken from his husband yet) or if he doesn’t completely possess the property although he has it in his hand (such as a  borrower). (The Ilmihal of the Turkish Waqf al Diyanah ) Kaynak: http://askaquestionto.us - Is it fard to pay zakat for the deposit money?