 |
||||||||||
| Home | Objects | Services | ||||||||
ZAKAT
A INTRODUCTION
A-1 DEFINITION & MEANING
A-2 INTENTION
A-3 EXHORTATION TO GIVE ZAKAH IN THE HADITH :
A-4 PUNISHMENT IN THE HADITH FOR THE DELINQUENTS OF ZAKAH
A-5 EATING OF GRAINS :
A-6 JUDGEMENT ON THE ZAKAH REFRAINER :
B PAYMENT OF ZAKAH
B-1 WHO IS OBLIGED TO PAY ZAKAH?
B-2 WHEN ZAKAH BE PAID ?
B-3 CAN PAYMENT BE DIFFERED ?
B-4 PAYING ZAKAH IN ADVANCE
B-5 ZAKAH NOT TO BE MIXED WITH MAAL
B-6 PAYING ZAKAH TO THE LEADER,REGARDLESS OF HIS BEING JUST OR UNJUST
B-7 DELAYING OF ZAKAH(PAYMENT DOES NOT VOID IT
B-8 THE LOSS OF ZAKAH AFTER IT IS SET ASIDE :
B-9 EVADING THE PAYMENT OF ZAKAH :
B-10 PRAY FOR PAYER OF ZAKAH :
B-11 LOSS OF THE HOLDINGS AFTER ZAKAH IS DUE :
C WHO ARE THE RECEIPIENTS OF ZAKAH?
C-1 POORS (FUQARA)
C-2 NEEDY (MISKEEN)
C-2(ii) IS ZAKAH GIVEN TO A PERSON WHO CAN WORK
C-2(iii) HOW TO CONFIRM THE NEEDY?
C-2(iv) THE OWNER WHO LACKS SELF-SUFFICIENCY
C-2(v) CERTAIN PEOPLE, THOUGH WELL-OFF, CAN STILL RECEIVE ZAKAH
C-3 COLLECTORS OF ZAKAH
C-3(ii) THE ZAKAH EMPLOYEES
C-4 RECONCILATION OF HEARTS
C-5 FOR THOSE IN BONDAGE (FREEING CAPTIVES/SLAVES)
C-6 IN DEBT
C-6(ii) DEBTORS
C-6(iii) SETTING DEBT FREE THROUGH ZAKAH
C-7 SADAQAH FOR THE CAUSE OF ALLAH
C-8 SADAQAH FOR THE WAYFARER
C-9 WHO HAS PRIORITY IN THE DISTRIBUTION OF ZAKAH?
C-10 WHY THE SCHOLARS DIFFER :
C-11 THE PREFERENCE OF THE MAJORITY OPINION OVER THAT OF ASH-SHAF’I
C-12 THE PREFRABILITY OF GIVING ZAKAH TO GOOD PEOPLE :
C-13 PREFERENCE IN GIVING ZAKAH TO HUSBAND OR RELATIVES :
C-14 PEOPLE FORBIDDEN FOR ZAKAH :
C-15 FATHERS AND SONS :
C-16 THE WIFE :
C-17 THE DISTRIBUTION OF ZAKAH IN ORDER TO GROW NEARER TO ALLAH(Mosque) :
C-18 GIVING CHARITY TO SEEKERS OF RELIGIOUS KNOWLEDGE :
D ERRORS IN THE DISTRIBUTION OF ZAKAH :
D-1 THE ZAKAH GIVER IS FORBIDDEN TO BUY BACK WHAT HE GAVE IN CHARITY :
E WHO SHOULD COLLECT AND DISTRIBUTE ZAKAH?
E-1 WHO SHOULD DISTRIBUTE THE ZAKAH ON HIDDEN WEALTH?
F TRANSFER OF ZAKAH FROM AREA OF COLLECTION TO ANOTHER AREA FOR DISTRIBUTION :
M WHAT SHOULD NOT BE INCLUDED IN ZAKAH :
M-2 PLANTS AND FRUITS WHICH WERE NOT SUBJECT TO ZAKAH :
N HOW MUCH TO PAY ZAKAH? NISAB OF ZAKAH?
N-1 ZAKAH ON JEWELRY :
N-2 THE NISAB OF SILVER AND ITS DUE :
N-3 THE NISAB OF GOLD AND ITS DUE :
N-3(i) COMBINING GOLD AND SILVER :
N-4 ZAKAH ON ANIMALS :
N-5 ZAKAH ON CAMELS :
N-6 ZAKAH ON CATTLES :
N-7 ZAKAH ON SHEEP (INCLUDING GOATS) :
N-8 ZAKAH ON ANIMALS OTHER THAN CATTLE (AL-AN’AM) :
N-9 YOUND CAMELS, CALVES, AND LAMBS :
N-10 ON COMBINING YOUND AND OLD (ANIMALS) OR SEPERATING THEM :
N-11 DOES COMBINING (ANIMALS HAVE ANY EFFECT :
N-12 ZAKAH ON DEBT :
N-13 ZAKAH ON BANKNOTES AND BONDS :
N-14 ZAKAH ON A WOMAN’S DOWRY :
N-15 ZAKAH ON HOUSE RENT :
N-16 ZAKAH ON TRADE :
N-17 HOW IS ZAKAH ON TRADE MONEY TO BE PAID:
N-18 WHEN GOODS CAN BE JUDGED AS TRADING GOODS :
N-19 ZAKAH ON PLANTS AND FRUITS :
N-20 ZAKAH ON PLANTS AND FRUITS AT THE TIME OF PROPHET :
N-21 ZAKAH ON OLIVES :
N-22 NISAB OF PLANTS AND FRUITS :
N-23 THE RATE OF ZAKAH :
N-24 WHEN ZAKAH IS DUE ON PLANTS AND FRUITS:
N-25 PAYMENT OF GOOD (THINGS) FOR ZAKAH :
N-26 REGULATION OF AWQAS :
N-27 ACQUIRING PROPERTY THROUGH PROFIT OR INCREASE :
N-28 ZAKAH ON SHARED PROPERTY :
N-29 THE INSOLVENT DEBTOR :
O ZAKAH ON THE HOLDINGS OF INFANTS AND MENTALLY RETARDED PEOPLE :
P THE PURPOSE OF ZAKAT UL-FITR :
P-2 PAYING ZAKAT UL-FITR IN ADVANCE :
P-3 DISTRIBUTION OF ZAKAT UL-FITR :
Q ARE THERE OTHER CLAIMS ON WEALTH BESIDES ZAKAH?
ZAKAT
A INTRODUCTION
A-1 DEFINITION & MEANING :
From the Sunnah we have the following statements of the Prophet Muhammed (P.B.U.H.): "Islam is built upon the following five pillars: Testifying that there is no God except Allah and that Muhammad is His Messenger, The establishment of the Prayer, The giving of Zakah, The Fast of Ramadan and The Pilgrimage to Makkah." Zakah is a name given to compulsory Sadaqah (charity) to be paid by rich Muslim as per Surah Tauba Ayah 60. Zakah or alms tax can be defined as that portion of a man's wealth which is designated for the poor. The term is derived from the Arabic verbal root meaning "to increase." "to purify," and "to bless." It find its origin in Allah's command to: "Take sadaqah (charity) from their property in order to purify and sanctify them" [at-Taubah 103]. That is why this kind of sadaqah is called zakah, for by paying it, one is aspiring to attain blessing, purification, and the cultivation of good deeds. Taking into account its very nature, it is no wonder that zakah constitutes one of the five pillars of Islam. It is associated with prayer (salah) in eighty-two Qur'anic verses. Allah, the Exalted One, prescribed it in His Book (The Qur'an), His Messenger corroborated it by his (sunnah), and the community (ummah) by consensus upheld it. Ibn 'Abbas reported that when the Prophet, upon whom be peace, sent Mu'adh ibn Jabal to Yemen (as its governor), he said to him: "You are going to a people who are People of the Scripture. Invite them to accept the shahadah: that there is no god but Allah and I am His Messenger. If they accept and affirm this, tell them that Allah, the Glorious One, has enjoined five prayers upon them during the day and night. If they accept that, tell them also that He has enjoined sadaqah upon their assets which will be taken from the rich of the (Muslim) community and distributed to the poor. If they accept that, refrain from laying hands upon the best of their goods and fear the cry of the oppressed, for there is no barrier between Allah and it." At-Tabarani relates in al-'Awsat and as-Saghir, on the authority of 'Ali, that the Prophet said: "Allah has enjoined upon rich Muslims a due to be taken from their properties corresponding to the needs of the poor among them. The poor will never suffer from starvation or lack of clothes unless the rich neglect their due. If they do, Allah will surely hold them accountable and punish them severely." According to at-Tabarani: "It was reported only by Thabit ibn Muhammad az-Zahid." Of Thabit's credibility, al-Hafiz in turn says: "Thabit was an honest and trustworthy person. AlBukhari and others related from him, and the rest of the narrators in the chain are considered as accepted authorities." In the early days of Islam at Makkah, no limit or restriction was placed on the amount to be donated, for that decision was left to the individual Muslim's conscience and generosity. In the second year of hijrah, according to the widely known authorities, both the type and the quantity of zakah revenues were determined, and detailed illustrations were provided.
A-2 INTENTION :
Since the payment of zakah is an act of worship, its validity depends upon the expression of one's intention. That is, the zakah payer should pay it for the sake of Allah; he should make up his mind, with all of his heart, that zakah is an obligation to be discharged. Allah says: "And they are commanded no more than this: to worship Allah, sincere in their faith in Him alone" [al-Bayyinah 5].
It is related in al-Bukhari and Muslim that the Prophet, upon whom be peace, said: "The value of [one's] deeds is determined by [one's] intentions; and thus for each shall be according to his intentions." Malik and ash-Shaf'i say that the intention is to be made at the time of rendering zakah. Abu Hanifah holds that the intention must be present at the time of payment or when zakah is being set aside from one's assets. Ahmad's view is that it is permissible to express the niyyah a little earlier before payment.Zakah must be paid immediately at its due time.
A-3 EXHORTATION TO GIVE ZAKAH IN THE HADITH :
At-Tirmidhi relates from Abu Kabshah alAnmari that the Prophet, upon whom be peace, said: "I swear upon three (things) and ask you to memorize my words: Sadaqah taken from a property never decreases it; a man who suffers injustice and is patient with it, Allah will grant him strength; a man who starts begging, Allah will cause him to be poor." Ahmad and at-Tirmidhi relate (and the latter graded it sahih) from Abu Hurairah that the Messenger of Allah, upon whom be peace, said: "Allah receives charity by His right hand, and then He causes it to grow for each of you. Just as you raise a horse, colt, foal, or young weaned camel, so that morsel becomes as large as the Mount of 'Uhud." Of this hadith's content, Waki' says: "This is sanctioned by the Qur'an: 'Do they not know that it is Allah alone who can accept the repentance of His servants and is the (true) recipient of whatever is offered for His sake - and that Allah alone is an acceptor of repentance, a dispenser of grace?' [at-Taubah 104]. 'Allah deprives usurious gains of all blessing, whereas He blesses charitable deeds with manifold increase.' [al Baqarah 276]." Again, Ahmad relates, with a sound chain of narrators, that Anas said: "A man from the tribe of Tameem came to the Messenger of Allah, upon whom be peace, and said: 'O Messenger of Allah! I have plenty of property, a large family, a great deal of money, and I am a gracious host to my guests. Tell me how to conduct my life and how to spend.' The Messenger of Allah, upon whom be peace, replied: 'Pay zakah out of your property, for truly it is a purifier which purifies you, and be kind to your relatives, and acknowledge the rights of the poor, neighbors, and beggars'."
It was reported from 'Aishah that the Messenger of Allah, upon whom be peace, said: "I swear upon three things: Allah does not equate one who has a portion in Islam with one who does not. The portions of Islam are three: prayer, fasting, and zakah. If Allah takes care of a man in this world, He will take care of him on the Day of Judgment. If a man likes a group of people, Allah will certainly include him among them. As for the fourth, if I swear on it, I hope I will not commit a sin: that if Allah conceals a man's sin in this world, He will certainly not expose him on the Day of Judgment." At-Tabarani relates in al-'Awsat, that Jabir reported: "A man said: 'O Messenger of Allah! What will be the gains for a man who pays zakah on his assets?' The Messenger of Allah, upon whom be peace, said: 'For one who pays zakah on his asssets, he will be removed from the evil in them'."
On the same subject, al-Bukhari and Muslim relate that Jabir ibn 'Abdullah reported: "I gave my allegience to the Messenger of Allah, upon whom be peace, that I will establish salah (prayers) and zakah, and I will give advice to every Muslim.
A-4 PUNISHMENT IN THE HADITH FOR THE DELINQUENTS OF ZAKAH
Ahmad, al-Bukhari, and Muslim relate from Abu Hurairah that the Messenger of Allah, upon whom be peace, said: "No owner of a treasure who does not pay zakah will be spared, for his treasure will be heated in the Fires of Hell and then made into plates. His flanks and his forehead will be branded with them until Allah pronounces judgment on His servants during a day lasting fifty thousand years.
[The individual] will be shown his path, leading him either to Paradise or to Hell. A camel owner who does not pay zakah will not be spared (either). He will lay flat on a sandy, soft plain and they will run over him heavily one after another until Allah pronounces judgment on His servants during a day lasting fifty thousands years. [The individual in question] will then be shown his path, leading him either to aradise or to Hell. Equally, no owner of goats who does not pay zakah (will be spared). He will lay flat for them on a sandy plain, and the goats will run over him as heavy as they will come and they will trample him with their hoofs and gore him with their horns--with twisted horns or with no horns--one after another until Allah pronounces judgment on His servants, during a day lasting fifty thousand years, and [the individual in question] will be shown the path, leading him either to Paradise or to Hell. They [the Companions] asked: 'O Messenger of Allah, what about the horses?' He said: 'Horses have goodness in their foreheads (or he said 'Goodness lies in the foreheads of the horses') until the Day of Judgment. Horses are of three kinds: they are a source of reward for the owner, they are a cover, or they are a burden to a person. As to those [horses] that bring rewards, one who raises and trains them for the sake of Allah will get a reward from Him as well as all that they consume will be considered a reward for him from Allah. For every stalk of grass in the meadow that one lets them graze, there is a reward for him. For every drop of water that one lets them drink from the creek, there is a reward.' He went on describing until a reward was mentioned even for their urine and their feces.
'And for every step that they prance on elevated ground, there is a reward. As for the one to whom they will provide cover [in the life hereafter], he is the one who raises them for honor and dignity and remembers the right of their backs and stomachs in plenty and adversity. As for the one to whom they are a burden, he is the one who raises them for glory and showing off to people.' They asked: 'O Messenger of Allah, what about donkeys?' He said: 'Allah has not revealed to me anything in regard to them except this one comprehensive verse: 'He who does an atom's weight of good will see it, and he who does an atom's weight of evil will see it' [az-Zalzalah 7]."
Al-Bukhari and Muslim relate from Abu Hurairah that the Prophet, upon whom be peace, said: "Whoever is made wealthy by Allah and does not pay zakah on his wealth, on the Day of Judgment it will become a bald-headed, poisonous, male snake with two black spots over his eyes. The snake, on the Day of Judgment, will encircle his neck, and bite his cheeks and say: 'I am your treasure, I am your wealth.' " Then he [the Prophet] recited this 'ayah: " 'And let not those who hoard up that which Allah has bestowed upon them of his bounty...' [al'Imran 180]."
Ibn Majah, al-Bazzar, and al-Baihaqi relate from Ibn 'Umar that the Messenger of Allah, upon whom be peace, said: "O Muhajirun, beware of five traits: if ever immorality spreads in a community and there is no sense of shame on its occurrence or mentioning it [and people talk about it as if nothing bad has taken place], diseases which were not present in the time of their predecessors will spread among them. If they decrease the measure and weight (of sold grains or food), they will be overcome by poverty, their provisions will decrease and their ruler will be unjust. If they refrain from paying the zakah due on their properties, they will be deprived of rain, unless they get it only for the sake of their cattle. If they renounce their commitment to Allah and His Messenger, they will be governed by an enemy who is a stranger to them and who will take away some of what they possess. If their rulers do not rule according to Allah's Book, they will be afflicted by civil war. Allah forbid that these should happen to you."
Al-Bukhari and Muslim relate from al-Ahnaf ibn Qays that he said: "I was in the company of some men of Quraish, when a man (Abu Dharr al-Ghafari, a companion of the Prophet) came with coarse hair, clothes, and appearance. He stood up, greeted them and said: 'Inform those who hoard property that a stone will be heated in the Fires of Hell and then placed on the nipples of their breasts until it comes out from the top of their shoulders. It will then be placed on the top of their shoulders until it comes out again from the nipple of their breasts, and they will be shaken.' Then he left. I followed him and sat near him, not knowing who he was. I said: 'These people disliked what you said to them.' He observed: 'They do not understand anything that my friend said to me.' I asked: 'Who is your friend?' He replied: 'The Prophet, upon whom be peace. [One day he asked me]: 'Do you see the Mount of Uhud?' I looked at the sun to see how much of the day was left, as I thought that the Messenger of Allah, upon whom be peace, wanted to send me on an errand for him. I said: 'Yes.' Upon this he said: 'Nothing would delight me more than having gold equal to the bulk of Uhud and spending all of it (in Allah's way) except three dinars.'
'Indeed, these people do not understand and go on accumulating riches. By Allah! I neither ask them for this world, nor do I ask them anything about religion until I meet Allah, The Exalted One.' "
A-5 EATING OF GRAINS :
It is permissible for the owner to eat from the grain, and whatever he consumes will not be included in the quantity subject to zakah, for this is a long-standing custom. In any case, only a small amount is actually eaten. It is the same as an owner of a fruitbearing tree eating some of its produce. Therefore, the zakah will be estimated on the actual amount after he harvests the crop and husks the seeds. Ahmad was asked about the eating of farik (rubbed green wheat) by the owner, and he answered that there is no harm if the owner eats what he needs. This is also the opinion of ash-Shaf'i, al-Layth and Ibn Hazm. However, Malik and Abu Hanifah hold that the owner will have to account for what he eats.
A-6 JUDGEMENT ON THE ZAKAH REFRAINER :
As an obligation upon Muslims, zakah is one of the essential requirements of Islam. If somebody disputed its obligation, he would be outside of Islam, and could legally be killed for his unbelief unless he was a new Muslim and could be excused for his ignorance. As for the one who refrains from paying it without denying its obligation, he would be guilty of committing a sin. Yet, this act does not place him outside of Islam. It is the ruler's duty to take zakah from the defaulter by force and rebuke him, provided he does not collect more than the stipulated amount. However, in the views of Ahmad and ash-Shaf'i (in his earlier opinion) the ruler could take half of the defaulter's money, in addition to the calculated amount of zakah, as a punishment. This view is based on what Ahmad, anNasa'i, Abu Dawud, al-Hakim, and al-Baihaqi have recorded from Bahz ibn Hakim all the way back to his grandfather who said: "I heard the Messenger of Allah, upon whom be peace, say: 'Whether the camels of the zakah payer are grown or baby camels, it makes no difference in his reward if he gave them willingly. (However,) if someone refrains from paying it, it will be taken from him along with half his property, for it is a right of our Lord, the Blessed and the Exalted, not a right of the house of Muhammad.'" Asked about its chain, Ahmad ruled it good (hassan). Of Bahz, al-Hakim says: "His traditions are authentic." Ash-Shaf'i, as alBaihaqi says, did not include it for fiqhi consideration because . . . "this hadith is not confirmed by the scholars of hadith." If some people refrain from paying zakah knowing that it is due and that they can afford to pay, hey should be fought until they yield and pay. Al-Bukhari and Muslim report that Ibn 'Umar heard the Prophet say: "I have been ordered to fight people until they say that none has the right to be worshipped but Allah, and that Muhammad is His Messenger, and they uphold the prayers, and pay the zakah. If they do this, their lives and properties will be safe, except for what is due to Islam, and their accounts are with Allah." Abu Hurairah is reported to have said: "When Allah's Messenger, upon whom be peace, died and Abu Bakr succeeded him as caliph, some Arabs apostasized, causing Abu Bakr to declare war upon them. 'Umar said to him: 'Why must you fight these men?', especially when there is a ruling of the Prophet, upon whom be peace: 'I have been called to fight men until they say that none has the right to be worshipped but Allah, and whoever said it has saved his life and property from me except when a right is due in them, and his account will be with Allah.' Abu Bakr replied: 'By Allah! I will fight those who differentiate between salah and zakah because zakah is the due on property. By Allah! If they withheld even a young she-goat ( 'anaq) that they used to pay at the time of Allah's Messenger, upon whom be peace, I would fight them.' Then 'Umar said: 'By Allah! It was He who gave Abu Bakr the true knowledge to fight, and later I came to know that he was right.' " The same hadith narrated by Muslim, Abu Dawud, and atTirmidhi has the following variant: "If they witheld the iqal, the rope of the camel," instead of "'anaq, young she-goat."
B PAYMENT OF ZAKAH
B-1 WHO IS OBLIGED TO PAY ZAKAH? :
Zakah must be paid by every Muslim who has a nisab, which is the minimum of one's holdings liable to zakah. The nisab is conditioned by the following:
Zakah should be paid on any amount of money remaining after meeting the expenses for such necessities as food, clothes, housing, vehicles and craft machines. A complete year of Islamic calendar should pass, starting from the very day of the nisab's possession, without any decrease during the year. In case of its decrease (being less than nisab), the year count (hawl;) starts from the day of the nisab completion. Commenting on the issue, an-Nawawi said: "In our view and the views of Malik, Ahmad, and the majority of scholars, the amount of property liable for payment of zakah, such as gold, silver, or cattle, is tied to the completion of nisab through the turn of a whole year. If the nisab decreases in any time of the year, [the counting of] the year discontinues. Later, if the nisab is completed, the year count is resumed from the time of its completion."
On the same subject, Abu Hanifah holds: "What matters isthe availability of nisab at the beginning and end of the year. Its decrease at any time in between does not matter, even though the zakah payer had two hundred dirhams and he lost all but one dirham during the year, or if he had forty sheep, all of which died except for one during the year. If, at the end of the year, he had two hundred dirhams, or forty sheep, then he must pay zakah on all of that. This condition is not applicable to the zakah of plantations and fruits, for their zakah should be paid on the harvest day. Allah, the Exalted One, says: 'And pay the due thereof upon the harvest day' [alA'raf 142]."
Al-'Abdari elaborated that: "The holdings subject to zakah are of two kinds. The first kind grows by itself: crops and fruits. The second kind is used for growing and production: money, merchandise, and cattle. In the former case, zakah should be paid at the time of harvest. In the latter case, it should be paid at the end of the haul. This was the opinion of all jurists as reported in anNawawi's al-Majrnu'.
B-2 WHEN ZAKAH BE PAID ?
Zakah must be paid for Gold and Silver Jewelry, Money, Merchandise Stock, Animal Stock after completion of one year with the owner. In case of crops and some fruits it has to be paid on harvesting.
B-3 CAN PAYMENT BE DIFFERED ?
Deferring payment of zakah is prohibited, unless the payer for some valid reason cannot pay it on time. In such a case, he may wait until he is able to pay it. It is related by Ahmad and al-Bukhari that 'Uqbah ibn al-Harith said: "Once I performed the 'asr prayer with the Prophet, upon whom be peace. When he concluded the prayer, he hurriedly went to his house and returned immediately. Noticing the amazed faces, he said: 'I left at home a piece of gold which was meant for sadaqah, and I did not want to let it remain a night in my house, so I ordered it to be distributed.'"
B-4 PAYING ZAKAH IN ADVANCE :
"It is permissible for zakah to be paid for even two years in advance. Al-Zuhri did not see any problem in paying his zakah before the hawl. Al-Hasan was once asked if a man who had paid his zakah for three years in advance fulfilled his obligation. Al-Hasan answered in the affirmative. Of this view, ash-Shaukani said: "This was the view of ash-Shaf'i, Ahmad, and Abu Hanifah. It was supported by al-Hadi and al-Qasim." Al-Mu'ayyad-billah also subscribes to this opinion as being better, but he says that Malik, Rabi'ah, Sufyan ath-Thauri, Dawud, Abu 'Ubayd ibn al-Harith, and an-Nasir (who comes from the Prophet's family) held that one's obligation is not discharged if the zakah is paid before the expiration of the year. They formulated their stance on the Prophet's hadith, already mentioned, which makes the zakah mandatory for the payer only when he has his possessions for a year. However, this does not invalidate the view of those who maintain that paying zakah in advance is lawful, for undeniably the obligation of zakah is associated with the expiry of one full year. The difference is only on the point of whether one's obligation is discharged if the zakah is paid before the year has expired." Ibn Rushd sums up the subject: "The controversy arises from the question whether it is an act of worship or an obligation owed to the poor. The group which considers it an act of worship, like salah (prayers), does not agree that it should be paid before its time. On the other hand, the group which views it as similar to the case of deferred obligatory dues approves its voluntary payment in advance." In support of his view, ashShaf'i relates a hadith from 'Ali that the Prophet, upon whom be peace, asked for al-'Abbas' sadaqah before its due date. It is permissible for zakah to be paid for even two years in advance. Al-Zuhri did not see any problem in paying his zakah before the hawl.
B-5 ZAKAH NOT TO BE MIXED WITH MAAL :
Ash-Shaf'i and al-Bukhari (the latter in his Tarikh) relate from 'Aishah that the Prophet, upon whom be peace, said: "Whenever sadaqah which is payable is mixed with a roperty, it will destroy that property." The same hadith is related by al-Humaydi with this addition: "If you have to pay sadaqah which is payable, then it must be set aside, or the unlawful [property] will destroy the lawful one.
B-6 PAYING ZAKAH TO THE LEADER,REGARDLESS OF HIS BEING JUST OR UNJUST :
It is permissible to pay zakah to a Muslim leader, whether he is just or not, provided he rules (more or less) according to Islamic laws. The property owner absolves himself of his obligation by giving zakah to the leader. If the leader does not distribute it properly, it is preferable that the property owner do so himself, unless the leader or his agent asks for it. Anas reported: "A man from the tribe of Banu Tamim came to the Messenger of Allah, upon whom be peace, and said: 'O Messenger of Allah! If I paid the zakah to your representative, am I acquitted of my responsibility?' The Messenger of Allah, upon whom be peace, said: 'Yes, if you pay it to my representative, then you have acquitted yourself. Its reward will be yours and its sin will be upon whoever misused it.' " This is related by Ahmad. Ibn Mas'ud reported that the Prophet, upon whom be peace, said: "After me, there will be selfishness and you will deny obligations." They said: "O Messenger of Allah! What do you command us to do?" He answered: "Pay the due which is upon you and ask Allah what is right for you." This is related by al-Bukhari and Muslim. Wa'il ibn Hajar reported: "I heard the Messenger of Allah, upon whom be peace, say after a man had asked him his opinion of our leaders who deny their right [of collecting and distributing the zakah]: 'Listen and obey, for indeed, they have their responsibility and you have yours.' " This is related by Muslim. Commenting on the subject, ash-Shaukkani says that the hadith cited in this section are used by many scholars to justify the permissibility of transferring both kinds of zakah to unjust rulers. This applies to rulers of Muslims in the world of Islam (Dar al Islam). As to contemporary Muslim governments, Sheikh Rashid Rida says: "At present, the majority of Muslims do not have an Islamic govemment which establishes Islam, propagates and defends it, calls for jihad individually or collectively, implements its divine injunctions, and collects and distributes zakah according to the rules laid down by Allah, the Exalted One.
Some of the Muslim rulers are under the influence of Western powers, while others are under the utelage of polytheists. These foreign powers employ Muslim leaders as tools to subjugate the people in the name of Islam, thus destroying Islam itself. They use the influence of the Muslim leaders and Muslim resources, including zakah and endowments, to further their interests. To such rulers, it is not permissible to pay any part of zakah, regardless of their title or profession of faith. As for the rest of the Islamic governments whose rulers and heads of state profess Islam and whose finances are not controlled by foreigners, the payment of unhidden zakah should be made to their leaders. This also applies to hidden properties, such as gold and silver, when the leaders request it, even if they are unjust in some of their judgments, as is said by the jurists.
B-7 DELAYING OF ZAKAH(PAYMENT DOES NOT VOID IT :
Ash-Shaf'i holds that anyone who does not pay zakah for a number of years must pay it all together. Whether or not he is aware of its obligation or he happens to be in a Muslim or non-Muslim land, makes no difference. Based on the opinion of Malik, ash-Shaf'i and Abu Thaur, Ibn al-Mundhir says: "When unjust people rule a country and the people of that country do not pay their zakah for a number of years, then their new leader should take it from them." The Payment of the Value Instead of Paying the Item Itself It is not permissible to pay the value instead of the item itself, except in the case of non-existence, for zakah is an act of worship which can only be fulfilled according to the specified manner, with the rich sharing their wealth with the poor Mu'adh reported that the Prophet, upon whom be peace, sent him to Yemen and told him: "Take grain from grain, sheep from sheep, camels from camels, and cows from cows." This hadith is narrated by Abu Dawud, Ibn Majah, al-Baihaqi, and al-Hakim. It should be noted that there is an interruption in the chain of this hadith, since 'Ata' did not hear it from Mu'adh. Disapproving of substitution, ash-Shaukani says: "The truth of the matter is that zakah is obligatory on the item itself and should not be substituted for its value except where there is a valid excuse." Abu Hanifah permits the acceptance of the value whether the individual owing could pay it in the items itself or not because zakah is the right of the poor, and he believed that it made no difference whether it was paid in the item or in something else of equal value. AlBukhari reports, with a firm statement, that Mu'adh asked the people of Yemen to give him either goods or clothes of silk or garments as zakah instead of barley and corn because it was more convenient for them. The companions of the Prophet, upon whom be peace, were also given the choice in Madinah.
B-8 THE LOSS OF ZAKAH AFTER IT IS SET ASIDE :
When a person sets aside zakah for distribution among the poor and all of it or some of it is lost, he must repay it because it is still his responsibility. Ibn Hazm says: "We received a narration from Ibn Abi Shaibah on the authority of Hafs ibn Ghayath, Jarir, al-Mu'tamir ibn Sulaiman at-Taymi, Zaid ibn al-Hubab, and 'Abdulwahhab ibn 'Ata; also from Hafs, who narrated on the authority of Hisham ibn Hassan from al-Hassan al-Basri; Jarir who reported, on the authority of alMughirah from his companions; and al-Mu'tamir who reported from Mu'amar from Hammad; and Zaid who reported from Shu'bah from al-Hakam; and 'Abdulwahhab who reported on the authority of Ibn Abi 'Urubah from Hammad from Ibrahim an-Nakha'i that whoever sets aside zakah from his property and then it is lost, his obligation to pay zakah still remains to be discharged, and he must set it aside again."
There exists, however, another opinion on it: "We received a narration on the authority of 'Ata' that the obligation will be discharged [if set aside and lost]," says Ibn Hazm.
B-9 EVADING THE PAYMENT OF ZAKAH :
The opinion of Malik, al-Auza'i, Ishaq, Ahmad, and Abu 'Ubaid is that whoever possesses a nisab of any kind of property and then sells it before the completion of the year hawl, or gives it away as a gift, or damages part of it with the intention of avoiding its zakah, he still must pay its zakah. If he engages himself in any of the preceding acts at a time when his obligation to pay zakah is about to mature, he will be forced to pay it. If, however, any of the preceding acts happen at the beginning of the hawl, this will not constitute an evasion, and he will be (legally) free from his obligation to pay zakah. Abu Hanifah and ash-Shaf'i hold that since the amount decreased before the end of the hawl, zakah will not be paid on it. He would still be considered a wrongdoer and disobedient to Allah for attempting to escape it. The early Muslims based their rationale on the 'ayahs in which Allah, the Exalted One, says: "Lo! We have tried them as We tried the owners of the garden when they vowed they would pluck its fruit the next morning, and made no reservation [for the will of Allah]. Then a visitation from your Lord came upon it while they were asleep. So the garden became a dark and desolate spot in the morning, as if it were plucked" [alMulk 17-20]. Allah punished those people for avoiding their obligation to the poor. Zakah, as such, will still be due and the person has to pay it because his intention was to deprive the poor of their share in his wealth. This would be similar to the case of a man who divorces his wife during his terminal illness. His evil intention calls for punishment as a redemptive act. Another case of a similar nature would be that of a person who kills his benefactor so that he could have his inheritance. In that case, Allah punishes him by depriving him of his inheritance.
B-10 PRAY FOR PAYER OF ZAKAH :
It is desirable that the recipient invoke blessing for the zakah payer at the time of its payment, for Allah says: "Take alms of their property that you may purify and sanctify them and pray for them. Verily, your prayers are a comfort for them" [at-Taubah 103]. It is related from 'Abdullah ibn Abu Awfa that the Messenger of Allah, upon whom be peace, on receiving sadaqah would say: "O Allah, bless the family of Abu Aufa." This is related by Ahmad and others. Wa'il ibn Hajr reported that the Prophet, upon whom be peace, prayed for a man who had offered a fine she-camel in his zakah payment: "May Allah bless him and make his camels beneficial to him."This is related by an-Nasa'i. Ash-Shaf'i says: "According to this hadith, the leader may pray for the almsgiver upon receiving his payment by saying: 'May Allah reward you in turn of what you have offered, and may Allah bless what you still possess.' "
B-11 LOSS OF THE HOLDINGS AFTER ZAKAH IS DUE :
Once zakah becomes payable on the holdings either because of the completion of a year or harvest time, and the holdings or part of them are lost, the owner still has to pay it. Whether the loss occured owing to negligence or not does not matter. This is the opinion of Ibn Hazm and the better opinion of the Hanbaliyyah. Abu Hanifah holds that it vitiates the payment of zakah if all the property perishes without the owner's role in its destruction. When part of it perishes, the perished portion is not subject to zakah. This is in accordance with the rule that zakah is associated with the property itself. However, when the property is deliberately destroyed by the owner, zakah has to be paid. Ash-Shaf'i, alHassan ibn Salih, Ishaq, Abu Thaur, and Ibn al-Mundhir hold that if the nisab perishes before zakah is paid, then the owner owes nothing. However, if it perishes subsequent to the accumulation of the nisab, the owner has to pay it. Ibn Qudamah supports this view and says it vitiates the payment of zakah if the property perishes without any negligence on the part of the owner. This is because it is obligatory for the sake of beneficence, which presupposes the existence of the property--and not with the purpose of impoverishing the payers of zakah. Negligence in this context implies that the owner had accumulated the nisab and thus it was possible for him to pay zakah, but he did not and the property perished. On the contrary, if he did not have the nisab, or the holdings were not in his possession, or they were to be purchased and he could not, then this does not constitute an act of negligence. Likewise, if it is presumed that the obligation to pay zakah remains even after the holdings are lost, and the owner has the means to pay it, then he must do so. Otherwise, he should be granted a respite in order to fulfill his obligation to pay zakah. This is akin to a debt one owes to someone but the debt owed to Allah should be considered more important.
C WHO ARE THE RECEIPIENTS OF ZAKAH?
There are eight categories of the beneficiaries of zakah which Allah specifies in the Qur'an: "The alms are only for the poor and the needy, for those who collect them, for those whose hearts are to be reconciled, for the freedom of those who are captives and in debt, for the cause of Allah, and for the wayfarers; [it is] a duty imposed by Allah. Allah is the Knower, the Wise" [at-Taubah 60]. Ziyad ibn alHarith as-Suda'i reported: "I came to the Messenger of Allah, upon whom be peace, and pledged allegience to him. Then a man came and said to the Messenger: 'Give me some of the collected sadaqah.' The Messenger replied: 'Allah did not leave the matter of sadaqat to be decided by a prophet nor to others ... He Himself classified it into eight categories. If you fit into any of these categories, I will give you your due.' " It was narrated by Abu Dawud although in its chain of transmission there is 'Abdurrahman al-'Afriqi, who is of questionable merits. The following is an elaboration upon the preceding eight categories:
The Poor (al-Fuqara'). The Needy (al-Masakin): The needy, along with the poor mentioned above, are those who do not even have basic needs fulfilled. This categroy parallels the category of the rich who have all they need. As mentioned elsewhere, a person is considered rich if he possesses the nisab--that is, an arnount in excess of his essential needs or those of his children with regard to food, drink, clothing, housing, animals, tools of his trade, and similar other necessities. Thus, one who lacks all these is considered poor (fuqura') and qualifies for zakah. A hadith attributed to Mu'adh instructs: "Take from the rich [that is those who are self-sufficient] and give to their poor." Thus, zakah should be taken from the rich who own a nisab and given to those who are not so fortunate. No difference has been made here between the poor (fuqura') and the needy (nasakin) as far as their needs, their poverty, and their qualification for receiving zakah are concerned. The two are brought together in the preceding Qur'anic 'ayah with the necessary conjunction so that they could be differentiated from each other. This does not contradict our categorizing the masakin as a subgroup of the fuqura'. In the following hadith, the text indicates that the needy are the poor who are not noticed by the people because they abstain from begging. The Qur'an takes note of them because they, perhaps due to their modesty, go unnoticed.
Abu Hurairah reported that the Messenger of Allah, upon whom be peace, said: "The needy person (miskin) is not one who goes around asking the people for a date or two, or for a mouthful or two, but the one who is too embarrassed to ask. Read if you wish: 'They do not beg from men importunately' [alBaqarah 273]." In a variant of this report, it is related: "The needy person is not one who goes around asking people for a mouthful or two or a date or two, but the one who has not enough [money] to satisfy his needs and whose condition is not known to others. Thus, sadaqah is given to him and he does not beg from the people." This is narrated by al-Bukhari and Muslim.
C-1 POORS (FUQARA):
The Quranic term (the poor) applies to those who depend for their subsistence on others. Who asks Sadaqa money openly. Who begs door to door. Zakah aims at supporting the poor by satisfying their needs. A specified amount is therefore given to them on a continuous basis to alleviate their state of poverty. This amount differs depending on circumstances and individuals.
C-2 NEEDY (MISKEEN) :
The Prophet (PBUH) declared that Miskeen is he who lacks the resources that would suffice him, who does look as one deserving of charity, nor does he resort to begging (Bukhari Sharif).
'Sayyedna Umar reported: "If you happen to give [alms], you should give to satisfy one's needs." Qadi 'Abdulwahhab says that Malik never stipulated a limit to the amount that can be given. To him, zakah may even be given to one who has a house, a servant, and a mount to ride, provided he is in need. The import of the preceding hadith is clear-- that is, asking for help is permissible for a person who is poor until he gets what he needs for his livelihood and is freed from his needs.
C-2(ii) IS ZAKAH GIVEN TO A PERSON WHO CAN WORK :
Second, a man who is struck by calamity which destroys his holdings, which also makes it permissible for him to receive [alms] until he is in a position to earn a sustenance [or he said, '... what satisfies his needs and makes him self-sufficient'];
C-2(iii) HOW TO CONFIRM THE NEEDY?
And third, a man who has been reduced to poverty and three persons of caliber from among his people testify to his desperate situation will receive until he finds for himself a means of support [or he said, '... what satisfies his needs and makes him selfsufficient']. Other than these cases, O Qabisah, it is not permissible (sahat). A person receiving it (sadaqah) will be consuming forbidden holdings.' " This is narrated by Ahmad, Muslim, Abu Dawud, and anNasa'i.
Individuals strong in body and earning their living are not entitled to zakah. Their position is similar to that of the rich. 'Ubaidullah ibn 'Adiyy al-Khiyar reported: "Two men told me that they went to the Prophet, upon whom be peace, during the Farewell Pilgrimage while he was distributing charity. They asked him for help. He gave them a look from the head down and then found them to be sturdy and strong. Then he said: 'If you desire, I shall give it to you. But, there is no zakah for one who is rich, neither for the one who is strong and earning.' " This is related by Abu Dawud and anNasa'i. Concerning the merits of this hadith, al-Khattabi says that it provides the criterion that if a person is not known to have means, it will be presumed that he has none. The hadith also provides the rule that one who appears to be sturdy is not excluded from receiving the zakah unless his income is determined, for there are some people who are strong in body but for one reason or another are unable to work. Such people may receive charity according to this hadith.
C-2(iv) THE OWNER WHO LACKS SELF-SUFFICIENCY :
One whose possessions reach a nisab but are still insufficient for his needs, due to the size of his family or the high cost of living, will be considered well-off and subject to zakah. He is also considered poor because his possessions are not enough for his needs. As such, he should also be given zakah. AnNawawi says that one who possesses a piece of real estate but does not have enough income to meet his needs should be considered poor and eligible for that amount of zakah which would satisfy his needs. In this way, he would not have to sell his real estate. Al-Mughni mentions that al-Maymum said: "I had a talk with Abu 'Abdullah, Ahmad ibn Hanbal and I said: 'A man may possess camels and sheep on which zakah is due and be considered poor. He may possess forty sheep or even a landed estate (day'ah), not enough for his needs. Would he be allowed to receive alms?' He answered: 'Yes, because he does not possess what is sufficient for him and he is not able to earn what he needs. In that case, he is permitted to receive zakah, if what he possesses does not qualify for zakah.'
C-2(v) CERTAIN PEOPLE, THOUGH WELL-OFF, CAN STILL RECEIVE ZAKAH :
Abu Sa'id reported that the Prophet, upon whom be peace, said: "Sadaqah is not allowed for the well-off except for the following five: an administrator of zakah, a purchaser of zakah holdings, a debtor, a warrior in the cause of Allah, or a person who is given a present by the needy (miskeen) from what the latter had been granted as zakah." This is related by Ahmad, Abu Dawud, Ibn Majah, and al-Hakim. The latter grades the preceding hadith as sound according to the criteria of Muslim and al-Bukhari. The wages ought to be sufficient to cover legitimate needs: AlMustawrid ibn Shaddad relates that the Prophet, upon whom be peace, said: "If someone performed a job for us and has no house, let him have a house; if he has no wife, let him have a wife; if he has no servant, let him have a servant; or if he has no mount to ride, let him have one. He who clamors for anything other than these is being excessive." This is related by Ahmad and Abu Dawud and its chain is sound. Commenting on the subject, al-Khattabi says: "This may be interpreted in two different ways. The first means that the individual is permitted to have a servant or a house deducted from his wages, which are similar to any other wages. He is not permitted to take anything else. The second means that the zakah worker has the right to have lodging and a servant. Thus, if he does not have a house or a servant, one may be hired to serve him and a house may be rented for him during the tenure of his job.
C-3 COLLECTORS OF ZAKAH :
Zakah collectors are officials appointed by the leader or his deputy to collect it from the rich. Among them are the custodians of zakah, shepherds and clerks for its administration. They must be Muslims and should consist of those who are potentially not eligible for zakah. This includes the family of the Prophet--that is, Banu 'Abdul Mutallib. It is related by al-Muttalib ibn Rabi'ah ibn Harith ibn 'Abdul Muttalib that he and al-Fadl ibn al-'Abbas went to the Messenger of Allah, upon whom be peace: "One of us said: 'O Messenger of Allah! We have come to you so that you may invest us with authority to administer zakah, that we shall gather (collect) the benefits the people are to receive, and render service to you that others give.' The Messenger of Allah answered: 'Indeed, zakah ought not to be given to Muhammad or to the family of Muhammad. Zakah is nothing but filth that comes out from people's properties.'" This is reported by Ahmad and Muslim. Another version states: "It is not permitted to Muhammad or to the family of Muhammad."
C-3(ii) THE ZAKAH EMPLOYEES :
Muslims who are employed to collect zakah, either through persuasion or force, from those who are not willing to give it can also qualify as its recipients for it is better to use such people to maintain Muslim unity. Their support and their undertaking to help the government is the lesser of two evils and a preferable arrangement.
C-4 RECONCILATION OF HEARTS :
This applies primarily to that group of people whose hearts, due to their weak Islam, need to be reconciled or strengthened for Islam. In this case, zakah is distributed to rid Muslims of their evil, or to procure their assistance in the defense of Muslims. The jurists divide such people into Muslims and unbelievers. The Muslims are divided into four groups:Muslim residents at the bordersMuslims who live at the frontiers, close to enemy land, can also be given sadaqah as an incentive to defend the Islamic territory. The author of al-Manar claims that this falls under the national defense. Jurists place it under the share allocated for the cause of Allah. It is similar to a military expedition. In our times, people who most deserve our help are those Muslims whom the unbelievers have brought over to their side by placing them under their protection or converting such Muslims to their religion. We notice that colonial powers are working for the subjugation of all Muslims and are trying to divert them away from their religion. Such states are allocating a certain portion of their resources to win over the Muslim hearts. Some they have succeeded converting to Christianity, and others have been influenced by or attracted to their tutelage. This is creating problems for Muslim states and Islamic unity. Are not such Muslims more deserving of zakah than those along the frontiers?
C-5 FOR THOSE IN BONDAGE (FREEING CAPTIVES/SLAVES) :
This category includes two kinds of slaves: contracted slaves (rnukazabun) and regular slaves. Both categories were aided with sadaqah to obtain their freedom. Al-Bara' reported: "A man came to the Prophet, upon whom be peace, and said to him: 'Guide me to a deed that makes me close to Heaven and far from Hell.' The Prophet, upon whom be peace, said: 'Free a person and redeem a slave.' " Then al-Bara' asked: "O Messenger of Allah. Are not the two the same?" He answered: "No. Freeing a person is to grant him freedom [by redeeming him from his bondage], but the redeeming of the neck means buying him his freedom." This is related by Ahmad and ad-Daraqutni and their report is trustworthy. Abu Hurairah reported that the Prophet, upon whom be peace, said: "Three persons have the right to be helped by Allah: the warrior (ghazi) who fights for Allah, the contracted slave who longs to buy his freedom, and one who wishes to get married for the sake of chastity." This is related by Ahmad and the ashab as-Sunan. At-Tirmidhi grades this report as good and sound. As to the meaning of free captives (wa fi ar-riqab), ash-Shaukani says that scholars differ over it. 'Ali ibn Abu Talib, Sa'id ibn Jubair, al-Layth, ath-Thauri, al-'Itrah, the Hanafiyyah, the Shaf'iyyah, and the majority of scholars are reported to believe that it refers to contracted slaves (rnukatabdn) whose freedom is secured through payment from zakah. According to Ibn 'Abbas, al-Hasan al-Basri, Malik, Ahrnad ibn Hanbal, Abu Thaur, and Abu 'Ubaid, it means using zakah in the release of any kind of slave. Al-Bukhari and Ibn al-Mundhir are also supportive of this view. Their rationale is that the expression wa fi ar-riqab cannot be confined to the kind of slavery arising from a contract because, if that had been the case, then it would have fallen under the category of those in debt (gharimln), for theirs is an obvious case of debt. As such, freeing a slave from bondage is better than helping a contracted slave. He could be aided or helped, but not freed, for the contracted slave is a slave as long as he owes even one dirham. At the same time, freeing a slave is possible at any time, in contrast to the situation of a contracted slave.
Commenting on the subject, az-Zuhri says that the preceding position entails two possibilities. The Qur'anic 'ayah on the subject alludes to these two possibilities, which have been pointed out by ashShaukani in his Muntaqa al-Akhbar. In the hadith narrated by alBara', evidence suggests that redeeming necks is not the same as freeing them. Nor is the deed of freeing slaves the same as helping contracted ones with money to pay off the contract. Both of these bring the individual closer to Heaven and distance him from Hell.
C-6 IN DEBT
A person whose total liabilities exceeds his total assets is a bedtor.
C-6(i) Qabisah ibn Mukhariq al-Hilali reported: "I had a debt. I went to the Messenger of Allah, upon whom be peace, and asked for his help. He answered: 'Wait until we have funds for sadaqah, then we will give you some.' He also said: 'O Qabisah, sadaqah is justified only for the following three: first, a man who is in debt, for his case makes it permissible to receive [alms] until his difficulty is resolved;
Second, a man who is struck by calamity which destroys his holdings, which also makes it permissible for him to receive [alms] until he is in a position to earn a sustenance [or he said, '... what satisfies his needs and makes him self-sufficient']; and third, a man who has been reduced to poverty and three persons of caliber from among his people testify to his desperate situation will receive until he finds for himself a means of support [or he said, '... what satisfies his needs and makes him selfsufficient']. Other than these cases, O Qabisah, it is not permissible (sahat). A person receiving it (sadaqah) will be consuming forbidden holdings.' " This is narrated by Ahmad, Muslim, Abu Dawud, and anNasa'i.
C-6(ii) DEBTORS :
People burdened by debts and unable to pay them are of several kinds: those who took upon themselves responsibility to discharge a debt; those who guaranteed debts of others and therefore, upon default, the debts have become their obligation; those who mismanaged their finances, those who borrowed money because they had to; or those who were involved in sinful acts and then repented, and who had to pay a fine for repentance. All of them may take sadaqah to meet their debts. Anas reported that the Prophet, upon whom be peace, said: "Asking for sadaqah is permissible only for the following three classes [of people]: those who are in abject poverty, those who have severe debts, or those who incurred it in the payment of blood money [on behalf of a relative or friend]." This is related by Ahmad, Abu Dawud, Ibn Majah, and at-Tirmidhi. The latter grades it hasn. Muslim relates from Abu Sa'id al-Khudri that a man made a bad deal on fruit and then ran into heavy debt. The Prophet, upon whom be peace, recommended: "Give him sadaqah." Then the people gave him sadaqah. However, he still had some debt left over. Thereupon, the Prophet, upon whom be peace, said to creditors: "Take what you get . . ." As to the previously stated hadith of Qabisah ibn Mukhariq, in which he says: "I had a debt. I went to the Messenger of Allah, upon whom be peace, and asked him for help. He answered: 'Wait until we have received funds for sadaqah, then we will give some to you.' " The expression hamalah in this hadith, as defined by the scholars, is to assume someone's responsibility as one's own in order to restitute a discord. In pre-Islamic times, whenever strife took place among the Arab tribes and blood was spilled, compensation was called for. In such a case, one of them would volunteer to meet the obligation until the strife had ended. Undoubtedly, his was a noble act for these people. When the Arabs would come to know that one of them had taken upon himself the responsibility (hamalah) of someone's debt, they would hasten to his help in the discharge of his responsibility. If such a person asked for help, it was considered an honorable act and not derogatory to his character. No conditions were stipulated. As for being qualified to obtain zakah in the discharge of such debts, it is not a pre-condition that the person who has assumed the debt on another's behalf should be unable to pay it. In fact, he can still ask for zakah even though he is a man of means.
C-6(iii) SETTING DEBT FREE THROUGH ZAKAH :
Formulating the issue, an-Nawawi says in al-Majmu': "Suppose a person owes a debt to another person and at the same time he qualifies for zakah. [When zakah is due for the lender to pay,] he tells [the borrower]: 'Consider the debt for [my] zakah.' Would it be valid?" An-Nawawi says there are two opinions on it. According to Ahmad and Abu Hanifah, who held the better opinion, it does not constitute zakah because it cannot be discharged unless actually paid, while Hasan al-Basri and 'Ata maintain that the responsibility to pay zakah will be discharged even though there is no payment of zakah (at that point in time) by its payer. Likewise, if an individual trustingly assigns some money to a person to keep and at the time of zakah he asks the assignee to keep the amount in lieu of his zakah, it will be valid. The jurists, however, agree that if a person pays zakah to another who owes him money and then receives it back to redeem his loan to him, the obligation to pay zakah will not be discharged. It is also invalid for a person to accept zakah on the condition that he will pay it back to the lender (the zakah payer) for the amount he owes him. Nevertheless, if at the time of lending and acceptance of the loan both agree to do so, even though it was not mentioned in the deal, it will be valid as zakah.
C-7 SADAQAH FOR THE CAUSE OF ALLAH :
Fee sabil lillah means for the sake of Allah--that is, making use of knowledge and deeds to attain Allah's pleasure. Most scholars understood this phrase as fighting for the cause of Allah. Part of zakah designated for the cause of Allah is given to volunteer fighters, especially those who are not on the payroll of the state, regardless of their financial status.
The hadith of the Messenger of Allah, stated elsewhere, also confirms it: "Sadaqah is not permitted to the rich except to the following five: the warrior (ghuzi) for the cause of Allah . . . and so on." As to the pilgrimage (hajj, it does not fall under the zakah designated for the cause of Allah because it is an obligation for one who can afford it. Commenting on the issue, the authors of al-Manar say: "Spending of this portion on securing the routes of the pilgrimage and for providing water, food, and health services for the pilgrims is permissible if funds from other sources are not available."Included in the share designated "for the cause of Allah" are those spendings in the interest of the common good that pertain to both religious and secular matters. The foremost is the preparations for war, including buying arms, food supplies for soldiers, means of transportation, and equipment for warriors. However, the supplies for warriors are to be returned to the treasury after the war. This applies especially to unconsumable items such as weapons, horses, and so on. A warrior does not always possess such items, for he uses them in the cause of Allah only when necessary. This is not the case, however, with other recipients of zakah, such as zakah collectors, debtors, people who received money under the expense account "reconciliation of hearts," and the wayfarers. They do not have to return the zakah, even if they are no longer entitled to it. Also included in the expense account "for the cause of Allah" are projects such as establishing military hospitals, paved and unpaved roads, the extension of military (not commercial) railway lines, and the building of cruisers, warplanes, fortresses, and trenches. An important item in this category could be the preparation of Muslim missionaries and sending them to non-Muslim countries to spread Islam, just as non-Muslim missionaries are now spreading their religions in Islamic countries. Also falling under this heading would be school expenses to prepare adequate courses in religious sciences and in other areas of public interest. Teachers involved in such programs should be given sadaqah as long as they continue to perform their assigned jobs without resorting to other means of income. Scholars who are rich should not be paid for their work, despite their obvious benefits to the people.
C-8 SADAQAH FOR THE WAYFARER :
Scholars agree that a traveler stranded in a foreign land should be given zakah if he lacks the means to achieve his objectives. The extension of zakah is, however, tied to the condition that the journey must have been undertaken for Islamically acceptable reasons. Just what such a trip involves is open to question. The preferable opinion among the Shaf'iyyah is that sadaqah is given even when the traveler is taking the trip for sightseeing and pleasure. The wayfarer (ibn as-sabil), according to the Shaf'iyyah, is of two kinds: a person traveling within his own country, and one traveling in a foreign country. Both of them are entitled to zakah, even though they could find someone to lend them the needed amount and they have enough resources in their own country to pay their debts. According to Malik and Ahmad, only the passer-by is eligible for zakah and not one traveling within his own country. Zakah is not to be given to the person if he can find someone to lend him the money he needs and if he has enough of his own money in his country to pay his debt.
C-9 WHO HAS PRIORITY IN THE DISTRIBUTION OF ZAKAH?
The distribution of zakah to those who are eligible, as mentioned in the 'ayah from at-Taubah, an now be classified as under: The poor (fuqra'); the needy (rnasakm); the administrators of zakah ('amildna 'alaiha); those whose hearts are to be won over (mu'allafatu qulubuhum), slaves (ar-riqab); those in debt (gharimun) the wayfarers (abna' as-Sabil); for the cause of Allah (Fee Sabillillah)..
The jurists differ over the distribution of zakah among the preceding eight groups of people. Ash-Shaf'i and his followers hold that if a distributor of zakah happens to be the owner of the property (or the agent), then there is no share of the collectors in it. In that case, it becomes obligatory to distribute the sum collected among the remaining seven categories. If other categories are for some reason ineligible for their share, it will be distributed among those still eligible. It is not permissible to disregard any category if it meets the conditions for eligibility. Ibrahim anNakha'i says that if the amount of zakah received is large, then it is possible to divide it among the different categories. However, if it is small, it is permissible to place it into one category. Ahmad ibn Hanbal holds that the division of zakah has a priority but that it is permissible to give it all to one category. Malik maintains that the distributor of zakah should make an effort to investigate those who are in need. He should distribute it according to the immediate condition of the needy and poor people. Thus, if he sees in certain years that the poor need more, they should be given priority. If he sees in another year that the wayfarers are more needy, he should distribute it among the travelers. The Hanafiyyah and Sufyan athThauri thought that the zakah payer can choose the categories he wished to distribute the zakah to. This is related by Hudhaifah and Ibn 'Abbas. Al-Hasan alBasri and 'Ata' ibn Abi Rabah base their opinions on it. Abu Hanifah holds that the distributors of zakah may give it to one person under any of the eight categories.
C-10 WHY THE SCHOLARS DIFFER :
According to Ibn Rushd: "The cause of their differences lies between the literal and the intended meaning. The literal meaning determines the classifications, but the intended meaning shows that priority should be given to the needy according to the immediacy of their needs since the aim [of the institution of zakah] is to eliminate poverty. The enumeration [of the categories] in the Qur'an is meant to distinguish the different kinds--that is, the people eligible for zakah, and not necessarily their grouping. The first interpretation is the literal one while the second is the intended interpretation." Ash-Shaf'i builds his case on the hadith of as-Suda'i which is related by Abu Dawud. A man came to the Prophet, upon whom be peace, and asked for zakah. The Messenger of Allah, upon whom be peace, said: "Allah has not left the matter to the judgment of a prophet nor to others. He has laid the rules for it--that is, He has classified [the beneficiaries] into eight categories. If you fit into any of these, I will give you your due.
C-11 THE PREFERENCE OF THE MAJORITY OPINION OVER THAT OF ASH-SHAF’I :
The author of ar-Rawdah an-Nadiyyah says: "Distributing all of the zakah to one group is more benefiting to the realization of the word of Allah." In brief, one may say that Allah made zakah applicable only to the eight specifically mentioned categories. Spelling out these categories does not mean that the zakah has to be distributed among them equally or even that it has to be divided among them. The intended meaning, however, is that the categories of sadaqah are similar to various groups of people who are eligible for it. Thus, one who is obligated to pay anything to any category of sadaqah and gives it to a person in a parallel group is considered to be fulfilling what Allah commanded him to do. Contrary to this, if one divides his zakah due into the acknowledged eight categories, if all eight exist, then that would not only be contrary to the practice of the Muslims throughout history, but it would cause hardship to the payer of zakah. For example, if the collected zakah were meager, it would be of no benefit to any designated category--even if it was of one kind, to say nothing if it was of numerous kinds. To endorse such a practice would be tantamount to counter what the Prophet, upon whom be peace, did when he permitted the payment of a penance (kaffarah) from the charity collected for Salmah ibn Sakhr. Obviously, the hadith of as-Suda'i cannot be used as evidence.
There is not a single case in the entire corpus of hadith literature which could be used to make the distribution of zakah to all groups of people obligatory. Using the hadith of Mu'adh as evidence that the Prophet, upon whom be peace, instructed him to take zakah from the rich Yemenites and give it to their poor will not be of much help because it does not establish that the zakah was distributed to all the groups. Nor is the hadith of Ziyad ibn al-Harith as-Suda'i valid in this regard because in its chain of narrators is 'Abdur-Rahman ibn Ziyad al-'Afriqi, whose credibility has been questioned by many scholars. Assuming that this hadith is valid for the point under discussion, the meaning of the division of zakah into parts is its distribution according to the apparent meaning of the Qur'anic 'ayah and what the Prophet, upon whom be peace, had in mind. Assuming that the division of zakah itself is intended, the distribution has to be done according to the specified categories. In this case, any transfer of the share of one group to nother, even if the group concerned was for some reason non-existent, will not be permissible. Such an approach will be contrary to the consensus of Muslim scholars. If we accept that, then the deciding factor for the sadaqah's distribution is the leader's wish rather than, and not the specific categories of eligible people. Thus, there is no evidence that makes division obligatory, and it is consequently permissible to give some sadaqah to those eligible people and some to other groups. Indeed, when the leader collects all the sadaqat from his people and all eight categories are eligible to receive them, each group has the right to claim its share. However, he does not have to divide the collected sadaqat among them equally or distribute it without any distinction, for he can give any amount to any group or groups that he wants to, or he can give some without giving the rest if he thinks it is in the interest of Islam and its people. For example, if the sadaqah was collected and then a jihad was announced, meaning that it would become necessary to defend the territory of Islam against the unbelievers, the leader can give some or all of it to the deserving warriors. This also applies to other concerns if the interest of Islam necessitates it.
C-12 THE PREFRABILITY OF GIVING ZAKAH TO GOOD PEOPLE :
Zakah is given to a Muslim provided he is eligible to receive it. Whether he is good or sinful does not matter. If, however, it is known that he will use it to perpetuate what Allah has forbidden, it should be denied to him. It is preferable that one who pays zakah should give it to the pious, the knowledgeable, and those of kind disposition. It is related from Abu Sa'id al-Khudri that the Prophet, upon whom be peace, said: "The likeness of a believer and the likeness of belief are similar to the horse that, tied to its post, walks around and then comes back to its post. The believer may forget, but he returns to his belief. Thus, give your food to the righteous people and entrust your favors to the believers." This is related by Ahmad with a good chain and as-Suyuti authenticated it. Ibn Taimiyyah says that the needy who discards his salah will not be given anything until he repents and offers salah again because neglecting salah is a grave sin. It is not right that one who commits this sin should be financially helped until he repents to Allah. Included along with those who neglect salah are offenders who are not ashamed to commit sinful acts and remain unrepentant. Also, one whose conscience is corrupted has an innate character which is distorted and a sense of good which is virtually dead. Such a person is not given zakah unless doing so will turn him in the right direction and help him reform.
C-13 PREFERENCE IN GIVING ZAKAH TO HUSBAND OR RELATIVES :
A poor husband is entitled to receive zakah from his well-to-do wife, even though she is not supposed to support him. Her reward for giving it to him is more than if she were to give it to strangers. Abu Sa'id al-Khudri reported that Zainab, the wife of Ibn Mas'ud, said: "O Prophet of Allah! Indeed you have ordered us today to give away sadaqah, and I have some jewelry which I wanted to give away as sadaqah. But Ibn Mas'ud claims that he and his children deserve it more than someone else." The Prophet, upon whom be peace, responded: "Ibn Mas'ud is right. Your husband and your children are more deserving." This is related by al-Bukhari. AshShafi, Ibn al-Mundhir, Abu Yusuf, Muhammad, the Zahiriyyah, and one of the reports by Ahmad hold the same view. Abu Hanifah and other scholars differ, saying that the wife is not allowed to give any sadaqah to her husband. They maintain that Zainab's hadith is concerned with voluntary sadaqah and not with the obligatory one. Malik holds that it is not permissible for a husband to spend the sadaqah he receives from his wife on her. Spending it on others is all right. Most scholars say that one's brothers, sisters, paternal uncles and aunts, and maternal uncles and aunts may receive zakah if they are eligible. Their opinion is based on the hadith which says: "Sadaqah for the poor is rewarded as one sadaqah, but in the case of a relative it is considered as two: [one reward for] blood tie and [the other reward for] the sadaqah [itself]." This is related by Ahmad, an-Nasa'i, and at-Tirmidhi. The latter grades it hassan.
C-14 PEOPLE FORBIDDEN FOR ZAKAH :
We have discussed so far the distribution of zakah and the categories of people eligible to receive it. Now we will talk about those who are forbidden to receive it. They are:Unbelievers and Atheists The jurists agree that unbelievers and atheists are not to be given zakah. In the hadith which says: "Zakah is taken from the rich and given back to the poor," "the rich" refers to rich Muslims while "the poor" indicates poor Muslims. Ibn al-Mundhir said that all scholars agree that the free nonMuslim subject (dhimmi) is not entitled to zakah. Exceptions to the rule are those people whose hearts are leaning toward Islam. However, it is permissible to give a dhimmi from the nonobligatory charity (tatawwu'). Alluding to the characteristics of the belivers, the Qur'an says: "And for His love, they feed the indigent, orphan, and captive" (ad-Dahr: 8.. This is also supported by the following hadith: "Be kind to your mother." The woman in this case was an unbeliever.Banu HashimThis includes the families of 'Ali, Ja'far, al'Abbas, and al-Harith. Ibn Qudamah says there are no two opinions on the ineligibility of Banu Hashim to receive zakah. The Prophet, upon whom be peace, declared: "Indeed, sadaqah ought not to be given to the family of Muhammad ..." Muslim related it. Abu Hurairah reported that when al-Hasan took one date from the sadaqah dates, the Prophet, upon whom be peace, said to him: "Nay, spit it out! Don't you know that we cannot eat from charity?" Scholars agree on the authenticity of this hadith. As to the eligibility of Banu al-Muttalib for zakah, the scholars differ. Ash-Shaf'i holds that like Banu Hashim they are disallowed to take zakah. Ash-Shaf'i, Ahmad, and al-Bukhari relate from Jubair ibn Mut'im who said: "At the battle of Khaibar, the Prophet, upon whom be peace, set aside the share of the relatives of the families of Banu Hashim and Banu al-Muttalib and left out the shares of Banu Nawfal and Banu 'Abd Shams. I and 'Uthman ibn 'Affan came to the Messenger of Allah, upon whom be peace, and said to him: 'O Messenger of Allah! Do not deny Banu Hashim the grace of their position because Allah placed you among them. How about our brothers Banu al-Muttalib? You gave them and left us out? Isn't our relationship one and the same?' The Prophet, upon whom be peace, answered: 'I and Banu al-Muttalib are not to be separated either during jahiliyyah or Islam. We and they are one.' Then he joined his fingers [in demonstrating the close relationship]." Reason dictates that one should not differentiate between them (the two families) in any matter of law because they are one according to the saying of the Prophet. It is evident that they are the family of Muhammad, and therefore, sadaqat are forbidden to them. Abu Hanifah holds that the family of Banu al-Muttalib may take from zakah. Both these reports are related by Ahmad. Just as the Messenger of Allah, upon whom be peace, made charity unlawful for the family of Banu Hashim, he also made it unlawful for their proteges (mawla). Abu Rafi', a protege of the Prophet, said that the latter appointed a man from the family of Banu Makhzum to collect sadaqat. This man said to Abu Rafi': "Accompany me so that you may get some of it." He said: "No, until I meet the Messenger of Allah, upon whom be peace, and ask him." He left and asked him. The Prophet answered: "Sadaqah is not lawful for us--and the proteges of a certain tribe are like [the members of the tribe] themselves." Ahmad, Abu Dawud, and at-Tirmidhi related it. The latter grades it good (hassan) and sound (sahih).
Whether non obligatory charity (tatawwu') is lawful for the family of the Prophet or not, scholars differ. Ash-Shaukani, having summarized the views on the issue, says: "The apparent meaning of the Prophet's hadith, 'Sadaqah is unlawful for us,' is the unlawfulness of the obligatory as well as nonobligatory sadaqat." A group of scholars, including al-Khattabi, says that its prohibition for the Prophet, upon whom be peace, carries consensus. Based on ashShaf'i's report, many others have ruled that the prohibition of zakah to the Prophet does not include the nonobligatory charity. A report from Ahmad equally says so but Ibn Qudamah rejects all these reports for lack of clear evidence.
As for the family of the Prophet, upon whom be peace, the vast majority of the Hanafiyyah, the Shaf'iyyah, the Hanbaliyyah, and the majority of the Zaidiyyah hold that nonobligatory sadaqah is permissible for them but not the obligatory one, since to them the latter is nothing but filth that comes out from people's holdings. This is understood to mean that the (prescribed) zakah and not the nonobligatory sadaqat, are forbidden to them. It is said in alBahr that nonobligatory sadaqah is restricted by being confined to a donation, gift, or endowment. Abu Yusuf and Abu al-'Abbas maintain that it is unlawful for them, as is the prescribed charity, because there is no evidence of
the contrary.
C-15 FATHERS AND SONS :
The jurists agree that it is not permissible to give zakah to one's father, grandfather, mother, grandmother, son, grandson, daughter, and her children because the zakah payer is obligated to take care of all such people anyway. In case of their poverty, they should draw upon his largesse because it is their right. Thus, if he pays them zakah, he benefits himself and avoids the obligation of supporting them. Malik exempts the grandfather, grandmother, grandsons, and granddaughters because one does not have an obligation to support them if they are poor. However, if they are well-off and fought voluntarily for the cause of Allah, the zakah payer may give them some of the zakah designated for those fighting in the cause of Allah. He may also give them some of the share meant for debtors, though he is not obligated to pay off their debts. He may also give them a portion of the amount set aside for zakah collectors, provided they are in this category.
C-16 THE WIFE :
Ibn al-Mundhir says that all scholars agree that a man is not obligated to give his wife zakah, the reason being that adequate support for her is already enjoined upon him, unless she is in debt. In that case, she may be given from the debtor's share to pay off her debt.
C-17 THE DISTRIBUTION OF ZAKAH IN ORDER TO GROW NEARER TO ALLAH(Mosque) :
It is not permissible to distribute zakah so as to grow nearer to Allah other than what Allah, the Exalted One, mentions in the 'ayah: "The alms are only for the poor and the needy" (at-Taubah 60). Thus, zakah cannot be paid for establishing mosques, bridges, road repair, hospitality, shrouding the dead, and so on. Abu Dawud witnesses: "I heard Ahmad while he was asked whether spending part of the zakah on shrouding the deceased was permissible. He said: 'No. Nor can it be used to pay the debt of the dead.' " He also said: "One can pay the debt of a living person from the zakah but not that of the deceased. For a person who dies, there is no debt."
Ahmad was also asked what would happen if it had been given to help them redeem their debt. He answered: "Yes, for his family it is all right.
C-18 GIVING CHARITY TO SEEKERS OF RELIGIOUS KNOWLEDGE :
An-Nawawi holds that if someone is able to earn a suitable living and wants to occupy himself by studying some of the religious sciences but finds that his work will not allow him to do so, then he may be given zakah since seeking knowledge is considered a collective duty (fard kifayah). As for the individual who is not seeking knowledge, zakah is not permissible for him if he is able to earn his living even though he resides at a school. An-Nawawi says: "As for one who is engaged in supererogatory worship (nawafil) or for one who occupies himself in nawafil with no time to pursue his own livelihood, he may not receive zakah. This is because the benefit of his worship is confined only to him, contrary to the one who seeks knowledge."
D ERRORS IN THE DISTRIBUTION OF ZAKAH :
The topic of recipients versus non-recipients of zakah has already been covered. It does happen, however, that a zakah payer inadvertantly gives it to an ineligible person at the expense of an eligible one. Upon the realization of such a mistake, would he be considered to have fulfilled his obligation of zakah or would it still be a debt upon him until he pays it to the right people? The jurists differ over this point. Abu Hanifah, Muhammad, al-Hasan, and Abu 'Ubaidah maintain that in such a case he would not be required to pay another zakah.
Ma'an ibn Yazid reports: "My father set aside a few dinars for sadaqah and gave them to a man in the mosque. I went and took them and brought them back to my father. He said: 'By Allah! What have you done?' I consulted the Prophet, upon whom be peace, about it. The Prophet observed: 'O Yazid, for you is what you intended and O Ma'an, for you is what you have taken.' This is related by Ahmad and al-Bukhari. The meaning of this hadith is that sadaqah is supererogatory (nafl); however, the word ma (meaning what) in laka rna nawayta (for you is what you intended) denotes generalization. Abu Hanifah and Muhammad are supported in their stand by a hadith from Abu Hurairah which reports the Prophet, upon whom be peace, saying: "A man [from Banu Isra'il] said [to himself]: 'Tonight I will give away something in sadaqah.' So he went out with his sadaqah and [unknowlingly] gave it to a thief. The next moming he was told by the people that he had given sadaqah to a thief. [On hearing this,] he said: 'O Allah! Praised be You. Certainly I will give sadaqah again.' So, he went out with his sadaqah and [unknowingly] gave it to an adulteress. The next moming he was told that he had given sadaqah to an adulteress. The man said: 'O Allah! Praised be You. [I gave my sadaqah] to an adulteress. Certainly I will give sadaqah again.' Thus he went out with his sadaqah again and [unknowingly] gave it to a rich person. The next moming the people said that the night before he had given his sadaqah to a wealthy person. He said: 'O Allah! Praised be You. [I have given my sadaqah] to an adulteress, a thief, and a rich person.' [In his dreams] he saw someone saying to him: 'The sadaqah you gave to the thief might make him abstain from stealing, and that given to the adulteress might make her abstain from illegal sex [adultery], and that given to the wealthy person might make him learn a lesson from it and spend his wealth, which Allah, the Exalted One, has given him in Allah's cause.' " This is related by Ahmad, al-Bukhari, and Muslim.
The Prophet, upon whom be peace, said to a man who asked him for sadaqah: "If you were eligible for zakah, I would have given you your due." He (the Prophet) gave (zakah) to two well built persons saying: "If you wish, I will give from it [sadaqah]. There is no portion in it for a wealthy person or a healthy individual who is eaming." Ibn Qudamah says: "If he would have considered the reality of the rich person, he would not have been contented with what they said [conceming this matter]."
The opinion of Malik, ash-Shaf'i, Abu Yusuf, ath-Thauri, and Ibn al-Mundhir is that it will not be sufficient for a zakah payer to give it to the undeserving, especially when his mistake becomes clear. In that case, he should pay zakah once again to those who deserve it. His case is similar to the case of unpaid debts (owed) to other people. Ahmad says that there are two opinions conceming one paying zakah to a person whom he thought was poor and later leamed was rich. The first contends it would be considered paid, while the second says that it would not be. When it becomes known that one who received zakah is a slave, an unbeliever, a Hashimite (a person from the Prophet's family), or an ineligible relative of the zakah payer, then one has not discharged one's obligation, the reason being that it is difficult to know who is rich and who is poor: "The ignorant man thinks that since they [who do not ask for] are modest they are free from want" [al-Baqarah 273].
D-1 THE ZAKAH GIVER IS FORBIDDEN TO BUY BACK WHAT HE GAVE IN CHARITY :
The Messenger of Allah, upon whom be peace, prohibited the one who gives zakah to buy back what he gave up for Allah, the Exalted One. This is similar to the case of those immigrants who were prohibited (by the Messenger) to return to Makkah after they had left it as immigrants. It is related by 'Abdullah ibn 'Umar that: "Once 'Umar gave away a horse, for the cause of Allah, as sadaqah. Later, he saw it for sale and wanted to buy it. He asked the Messenger of Allah, upon whom be peace, if he could do so. The Messenger answered: 'Do not buy back what you gave in sadaqah.'" This is related by al-Bukhari, Muslim, Abu Dawud, and an-Nasa'i. AnNawawi says it is a purifying prohibition, not one of unlawfulness. It is unsuitable (makruh) for a person to buy back what he has given in sadaqah, or zakah, or penance for a promise, or anything of the nature which brings one closer to Allah, the Exalted One. This is also applicable to a gift offered to someone which the donor cannot own even if it is allowed by the recipient. However, it can be owned by him again if he inherits it. According to Ibn Battal, most scholars disliked someone to buy his sadaqah back. This is in accordance with 'Umar's hadith. Ibn al-Mundhir says that al-Hasan, 'Ikrimah, Rabi'ah, and al-Auza'i allowed buying one's charity back. Ibn Hazm is also inclined to this view because of a hadith from Abu Sa'id alKhudri. The Messenger of Allah, upon whom be peace, said: "Sadaqah is not allowed to the well-to-do except for five among them: one who fights in the cause of Allah; one who administers zakah; one who is in debt; one who bought [the article of zakah] with his money; or one who has a poor neighbor to whom he gave sadaqah, and the latter gave it as a gift to him.
E WHO SHOULD COLLECT AND DISTRIBUTE ZAKAH?
The Messenger of Allah used to send his authorized agents to collect zakah. He would then distribute it among the deserving people. Abu Bakr and 'Umar did the same. There is no difference between unhidden wealth (i.e., plants, fruit, cattle, and minerals) and hidden wealth (i.e., trade goods, gold, silver, and treasure). When 'Uthman became caliph, he followed this practice for a while. Later on, when he saw that the hidden wealth was tremendous and that pursuing it embarrassed the community and while checking it harmed its owners, he left the payment of the zakah on such property to the individual's discretion. Jurists agree that the owners themselves should assume the distribution of zakah, especially when it is for hidden wealth. As-Sa'ib ibn Yazid reported: "I once heard the Messenger of Allah, upon whom be peace. He said: 'This is the month of your zakah. If any one of you still owes a debt, let him pay it off so that your properties become free from debts. Then, you can pay the zakah on them.' " Al-Baihaqi relates it with a sahih chain. An-Nawawi says that some scholars agree with this practice.
E-1 WHO SHOULD DISTRIBUTE THE ZAKAH ON HIDDEN WEALTH?
Is it preferable for the owners to distribute the zakah due on their hidden wealth, or is it preferable to let the leader distribute it?
There is more than one opinion on this subject. The preferred choice among the Shaf'iyyah is that zakah be paid to the government, especially when it is a just government. According to the Hanbaliyyah, it is preferable that the zakah payer distribute it himself, even though it is permissible to give it to the ruler. On the other hand, Malik and the Hanafiyyah hold that if the wealth is unhidden, the Muslim leader and his agents have the authority to ask for and take their zakah. The opinion of the Shaffiyyah and the Hanbaliyyah concerning unhidden wealth is similar
to that on the hidden ones.
F TRANSFER OF ZAKAH FROM AREA OF COLLECTION TO ANOTHER AREA FOR DISTRIBUTION :
The jurists agree that zakah can be transferred from one city to another provided the needs of the city residents whom the zakah was originally derived from have first been satisfied. A large number of hadith on the subject stress the need for depleting zakah among the poor and the needy of the city from which it is collected. This is because zakah aims at freeing the poor inhabitants of an area from want, and thus its transfer would contribute to their deprivation. This is substantiated by the hadith of Mu'adh: "Tell them that there is a charity due upon them to be taken from their rich and to be given back to their poor." Abu Juhaifah reported: "The charity collector of the Messenger of Allah, upon whom be peace, came to us and took zakah from our rich and gave it to our poor. I was an orphan then, and he gave me a young she-camel." This is related by at-Tirmidhi, who graded it hassan.
'Imran ibn Husain reports that he was employed as a charity collector. When he returned from this assignment, he was asked: "Where is the collection?" He responded: "Did you send me for the collection? We took it and distributed it the way we did at the time of the Messenger of Allah, upon whom be peace." This is related by Abu Dawud and Ibn Majah. On the same subject, Tawus says: "Mu'adh wrote in his letter: 'Anyone who moves from one location to another, his charity and tithe remain in the location of his tribe.'" This is related by al-Athram in his Sunan.
Based on such hadith, the jurists say that the poor of a city have a prior claim over the local zakah than the poor elsewhere. Still, they differ over which conditions must prevail before zakah can be transferred from one city to another.
The Hanafiyyah hold that transferring zakah is disliked (makruh) unless it is for needy relatives and serves the ties of blood, or when the needs of a group of Muslims are more pressing than those of the locals, when it is tied to the general interests of the Muslims, when it is sought from a country at war against the Muslims to the land of Islam, when it is intended for a scholar, or when zakah is paid before the completion of the hawl. In those cases, transferring zakah is not disliked (makruh).
The Shaf'iyyah maintain that transferring zakah is not allowed and that it must be spent in the area of its origin, unless it has no poor or other categories of zakah recipients. 'Amr ibn Shu'aib reported that the Messenger of Allah, upon whom be peace, appointed Mu'adh ibn Jabal to a position in Jund where the latter remained until the death of the Prophet. At the time of this event, he came to 'Umar who reappointed him. He sent to 'Umar one-third of the sadaqat collected from the local people, but 'Umar turned it down and said: "I did not appoint you to go there as a tax collector or as a tribute (jizyah) taker. I appointed you to collect sadaqat from the rich and then to return them to their poor." Mu'adh replied: "I would not have sent you anything [from the collection] if I had found someone deserving [over here]."
In the second year, he sent him half of the collected sadaqat, and they ran into the same issue again. In the third year, he sent him all of it, and 'Umar again argued with him. Mu'adh responded: "I could not find anyone who deserved to receive anything from me." This is related by Abu 'Ubaid.
Malik holds that transferring zakah is allowed only when there is a desperate need. The administration then can send it to the other place after due consideration of all the facts. The Hanbaliyyah say that it is not permissible to transfer zakah from its place of origin to that of the place beyond which salat ul-qasr is applicable. It must be spent in the place which generated it or near to it but not beyond the point of qasr.
Abu Dawud says: "I heard Ahmad saying 'no' when asked if zakah could be transferred from one city to another. Asked further, 'What if his [the zakah payer's] relatives are in the other city?' he replied: 'No. It can be transferred only when the needs of the poor residents of a city have been satisfied.' " This is based on the preceding hadith of Abu 'Ubaid. Ibn Qudamah holds that even if the zakah payer violated the above stipulations by transferring it, he would still have met his obligation.
Most of the scholars also support this view. When a man resides in one city and his holdings happen to be in another, consideration will be given to the city where his holdings are located because the holdings generated zakah and the eligible people will be eyeing it. If part of the holdings are with the owner and some are in another city, zakah will be paid on the portion in each city. This applies to zakah on one's holdings. As for the zakah at the end of Ramadan (zakat ul-fitr), it is distributed in the city where it is due, whether the payer's holdings are there or not. This is because this type of zakah is associated with the person rather than with the holdings.
M WHAT SHOULD NOT BE INCLUDED IN ZAKAH :
M-1 The rights of property owners must be considered when their properties are subjected to zakah. The best items are not to be taken as zakah unless the owners freely permit it. Likewise, the rights of the poor should be considered. A defective animal should not be taken as zakah unless all of the other animals are defective. In such a case, zakah is due on the average of that property. Some proofs for this view are: In the letter of Abu Bakr: "Neither an old or a defective animal or a billy goat may be taken as zakah." Sufyan ibn 'Abdullah ath-Thaqafi reported: "Umar forbade he zakah collector to levy zakah on the following: barren ewes (al-'akulah), a sheep kept at home for milk (ar-rahy), a pregnant ewe (al-rnakhid), or a ram used for breeding (fahl al-ghanam)." 'Abdullah ibn Mu'awiyyah al-Ghadiri reported that the Prophet, upon whom be peace, said: "Whoever performs these three acts will have had (savored) a taste of belief ('irnan): He who worships Allah alone, and [believes] that there is no god but Him; he who good-heartedly offers the zakah on his property which will repay him every year; and he who does not offer a very old sheep, a mangy sheep, a sick sheep, a mean and low sheep, or a ewe which produces only a small amount of milk. You should offer one from the average. Verily, Allah asks you to offer neither the best nor the worst." It was related by Abu Dawud and at-Tabarani with a good transmission.
M-2 PLANTS AND FRUITS WHICH WERE NOT SUBJECT TO ZAKAH :
Zakah was not levied on vegetables or fruit, with the exception of grapes and fresh dates (rutab). 'Ata ibn as-Sa'ib reported that 'Abdullah ibn al-Mughirah wanted to levy sadaqah on Musa ibn Talha's vegetables. The latter objected, saying: "You have no right to do that. The Messenger of Allah used to say: 'There is no sadaqah on this [vegetables].' " This is related by ad-Daraqutni, alHakim, and al-Athram in his Sunan. This hadith is mursal. Musa ibn Talhah says: "Five things [which were subject to zakah] were mentioned by the Messenger of Allah, upon whom be peace: barley, wheat, sult [a kind of barley having no husk], raisins, and dates. Whatever else the land produces is not subject to the 'ushr. It is also reported that Mu'adh did not levy sadaqah on vegetables."
Commenting on the status of these reports, al-Baihaqi says: "All of these hadith are of the mursal kind but were reported from different authorities. Nevertheless, they confirm each other." The hadith on this subject include the sayings of 'Umar, 'Ali, and 'Aishah.
Al-Athram narrated that one of Caliph 'Umar's governors wrote to him conceming grape plantations, including peaches and pomegranates which produced twice as much harvest as the grapes. He wrote back: "There is no 'ushr (tithe) on them. They pertain to 'udah--items that cannot be distributed in inheritance."
At-Tirmidhi agrees with the preceding and says: "The practice [based upon this] among most jurists is not to levy sadaqah on vegetables." Al-Qurtubi also supports this: "Zakah is to be levied on the muqtat [land products used as stable food] and not on vegetables." In at-Ta'if, they used to grow pomegranates, peaches, and citrus, but there is no confirmation that the Prophet and his successors levied zakah on them. Ibn al-Qayyim contends: "It was not his [the Prophet's] practice to levy zakah on horses, slaves, mules, donkeys, and vegetables, melons, cucumbers, and fruits, which cannot be stored or measured by capacity. The only exceptions were grapes and fresh dates. On the latter two kinds, zakah was levied as a whole, without differentiation whether or not they were dry.
"The Opinion of Jurists”
There is no difference of opinion among jurists concerning the obligatory nature of zakah on plants and fruits. They do, however, differ on the kinds of plants and fruits which should be subject to zakah. Here is the broad spectrum of opinions on the subject:
Al-Hasan al-Basri and ash-Shu'abi hold that zakah is only on the specified items (in the Qur'an and sunnah)--that is corn, dates, and raisins--since other kinds are not mentioned. Ash-Shaukani upholds this view. Abu Hanifah maintains that zakah is due on every type of produce of the land including vegetables, but excluding what is not intentionally planted and cultivated such as firewood, bamboo, grass, and those trees which bear no fruit. His opinion is based upon the general meaning of the Prophet's saying: "From what the heavens irrigate, a tithe [is due]." The meaning is general and encompasses all types of arable products, which are planted to make the land grow, and therefore refers to any agricultural practices similar to the growing of grains (habb). Abu Yusuf and Muhammad hold that zakah is payable on every product of the land, provided it lasts the whole year without too much care or treatment. This includes produce measured by capacity, such as grains, or by mass, such as cotton and sugar. If the produce does not last a whole year, such as the two kinds of cucumber (quththa' and khiyar), watermelons and others of their kind, there is no zakah on them. Malik holds that zakah is payable on that which is produced on the land and which stays, becomes dry, and is planted by human beings. This includes land produce used as nonperishable food (muqtat), such as safflower and sesame seeds. According to him, there is no zakah on vegetables and fruits such as figs, pomegranates and apples. Ash-Shaf'i maintains that zakah is payable on any produce, provided the resulting crop is used as regular food which can be stored and planted by human beings, such as grains and barley.
An-Nawawi says: "Our opinion is that there is no zakah on any trees other than palm and grapevines. There is also no zakah on grains other than the one which is or can be stored, and no zakah on vegetables." Ahmad is of the opinion that there is zakah on everything that Allah causes the land to produce, such as grains and fruits, that can be dried, preserved, measured and planted by human beings, whether they be considered nonperishable foods, such as wheat and qutniyyat (including peas, beans, lentils and such other grains), or spices and herbs (ahariz), such as coriander, caraway seeds, or seeds such as linseed of the fluz plant (kittan seeds), the seeds of the two kinds of cucumber (quththa' and khiyar), or safflower and sesame seeds. According to Ahmad, zakah is also payable on dry fruits such as dates, raisins, apricots, figs, almonds, hazel nuts, and pistachio nuts if the preceding specifications apply to them. There is no zakah on fresh fruit such as peaches, pears, apples, apricots, and figs. In the same way, it is not due on vegetables such as the two kinds of cucumber, watermelons, eggplants, turnips, and carrots.
N HOW MUCH TO PAY ZAKAH? NISAB OF ZAKAH?
Islam enjoined zakah on crops, fruit, livestock, merchandise, minerals, gold, silver, and treasures. Says Allah concerning zakah on gold and silver: "... As for those who hoard treasures of gold and silver and do not spend them for the sake of Allah--warn them of grievous suffering [in the life to come]" [at-Taubah 34]. Thus, zakah is prescribed for gold and silver--whether they are in the form of coins, ingots, or dust--as long as the amount owned constitutes a nisab, a period of a year has passed, debts are settled, and/or basic needs satisfied from it.
N-1 ZAKAH ON JEWELRY :
Scholars agree that no zakah has to be paid on diamonds, pearls, sapphires, rubies, corals, chrysolite, or any kind of precious stones unless they are used for trade. There is, however, disagreement over whether women's gold or silver jewelry is exempt. Abu Hanifah and Ibn Hazm hold that zakah is compulsory on gold and silver jewelry provided they constitute a nisab. Their view is based on the report of 'Amr ibn Shu'aib from his father from his grandfather: "Two women with gold bracelets on their wrists came to the Prophet, upon whom be peace. The Prophet said: 'Do you want Allah to make you wear bracelets of fire on the Day of Judgment?' They answered: 'No.' He said: 'Then pay the zakah which is due on what you wear on your wrists.'
" In the same way, Asma' bint Yazid reported: "My aunt and I, while wearing gold bracelets, went to the Prophet, upon whom be peace. He asked: 'Did you pay their zakah?' She related that they had not. The Prophet said: 'Do you not fear that Allah will make you wear a bracelet of fire? Pay its zakah.' " Al-Haythami confirms that it was narrated by Ahmad, and its chain is good. 'Aishah narrated: "The Messenger of Allah, upon whom be peace, came to me and saw me wearing silver rings. Thereupon, he asked: 'What is this, 'Aishah?' I replied: 'I made them to adorn myself for you, O Messenger of Allah.' He said: 'Did you pay their zakah?' I said: 'No, or what Allah wishes.' Then he said: 'Their punishment in Hell is enough for you.' " This is related by Abu Dawud, ad-Daraqutni, and al-Baihaqi.
Malik, ash-Shaf'i, and Ahmad ibn Hanbal hold that there is no zakah on women's jewelry regardless of its value. Al-Baihaqi relates that Jabir ibn 'Abdullah was once asked if jewelry was subject to zakah. He replied that it was not, even if its value exceeded one thousand dinars.
Al-Baihaqi also narrates the case of Asma': "Asma' bint Abu Bakr used to adorn her daughters with gold. Although its value was around fifty thousand dinars, she did not pay zakah on it."
It is related in al-Muwatta' from 'Abdurrahman ibn al-Qasim from his father that 'Aishah used to take care of her nieces, who were orphans under her protection, and adorned them with jewelry without paying its zakah. Also in al-Muwatta' it is related that Abdullah ibn 'Umar used to adorn his daughters and slave girls with gold without paying zakah.
Summing up the subject, al-Khattabi concludes: "What appears in the Qur'an supports the view of those who hold that zakah is obligatory on gold and silver, and the traditions also support this. Those who did not consider it obligatory based their view on speculation and some of the traditions. However, to be on the safe side, it is better to pay." These different views deal with allowable gold or silver adornment. As for other adornments which are prohibited-- that is, a woman wearing a man's adornment--their zakah should be paid. The same rule is applied to gold or silver utensils.
N-2 THE NISAB OF SILVER AND ITS DUE :
There is no zakah on silver until the amount exceeds two hundred dirhams. The amount payable is a quarter of a tenth for any amount. There is no zakah exemption on (silver) coins if they attain a nisab.
'Ali reported that the Prophet, upon whom be peace, said: "I exempt you from paying zakah on horses and slaves. Pay, then, zakah on silver, one dirham for each forty dirhams. Zakah is not due on ninety or one hundred dirhams of silver. If it reaches two hundred irhams, five dirhams are to be paid." This was related by the authors of as-Sunnan (The Traditions). At-Tirmidhi relates: "I asked al-Bukhari if he confirms this hadith. He said: 'It is authentic.' " At-Tirmidhi also says: "Jurists recognize that sadaqah should be taken out of any amount less than five ounces (awaq). One ounce (uqiyyah) equals forty dirhams. Five awaq equal 200 dirhams. Two hundred dirhams equal twenty-seven riyals equal 555 1/2 Egyptian piasters."
N-3 THE NISAB OF GOLD AND ITS DUE :
The minimum of nisab for gold is twenty dinars owned for one year. Its due is a quarter of a tenth, that is, half a dinar. For any amount over twenty dinars, a quarter of a tenth is levied upon it. 'Ali reported that the Prophet, upon whom be peace, said: "There is nothing upon you in gold, until it reaches twenty dinars. Thus, if you have twenty dinars at the end of the year, then there is half a dinar levied on it [as zakah]. Any additional amount will be calculated in this manner. There is no zakah on property until it has been owned for one year." This hadith is related by Ahamd, Abu Dawud, and al-Baihaqi. Al-Bukhari grades it authentic and alHafidh verified it.
Zuraiq, the Fazarah clan's protege, reported that 'Umar ibn 'Abdulaziz wrote to him after he became caliph: "Take what passes by you of the commerce of the Muslims--those who trade with their properties--a dinar for each forty dinars. From that which is less than forty, calculate on the lesser amount until it reaches twenty dinars. If you have to take one-third of a dinar, disregard it and do not take anything on it. Afterwards, give them a written release of what you have levied from them until the year expires." This is related by Ibn Abu Shaibah.
Malik says in his al-Muwatta': "The uncontroversial tradition that we have is that the zakah due on twenty dinars is like the zakah due on two hundred dirhams." Twenty dinars are equal to twenty-eight Egyptian dirhams in weight.
N-3(i) COMBINING GOLD AND SILVER :
If a person owns gold and silver, but neither of them on its own constitutes a nisab, he should not combine the two in order to obtain a nisab. This is because they are not of the same kind. The basic rule is that no category can be combined with another. It is the same for cows and sheep. For example, if someone has 199 dirhams and nineteen dinars, he is not supposed to pay zakah on them.
N-4 ZAKAH ON ANIMALS :
There are authentic ahadith explicitly indicating that camels, cattle, and sheep are subject to zakah. This enjoys the consensus. There are, however, some conditions to be met:
The animals concerned must attain a nisab. They have to be in possession for one year. They should have pastured by themselves -- that is, grazing most of the year in the available pasture.
Most scholars agree with these conditions. Malik and al-Layth, however, say that livestock is subject to zakah whether it be grazing or fodder-fed, used for carrying loads or not. Nevertheless, the ahadiths mentioned are unequivocal in restricting zakah to freely grazing livestock. This suggests that there is no zakah on fodder-fed livestock. It is always safe to base an opinion on evidence rather than on general implications to avoid possible misunderstanding of the Prophet's intent. Ibn 'Abdul-Barr protests: "I do not know of any jurist in the provinces who followed Malik or al-Layth in this regard.
N-5 ZAKAH ON CAMELS :
There is no zakah on camels unless there are five of them, they have been grazing freely and they have been in one's possession for a year. When the camels are five, their zakah is one sheep (shah). When they are ten, their zakah is two sheep. Thus, every time they increase by five, the zakah due on them is one more sheep. However, when they reach twenty-five, the due zakah is a she-camel (bint makhad or bint labun) which is a year old and starting the second, or a young male camel which is two years and already starting the third year. When they reach thirty-six, the zakah due on them is a young she-camel (bint labun). When they reach forty-six, the due zakah is a she-camel (huqqah) which is already three years old and starting the fourth. When they reach sixty-one, the due zakah is a four year old camel already starting its fifth year (jadh'ah). When they reach seventy-six, two young she-camels (bint labun) are due. When they are in the range of ninety-one to 120, the zakah is two young camels (huqqatan). When the number of camels is above 120, on every forty young she-camels, one bint labun is due. And on every fifty above 120, a young she-camel (huqqah) is due. When the ages of camels offered for zakah differ, the owner should pay jadh'ah. If he does not have it, he may pay huqqah and may add two sheep or twenty dirhams provided he can afford to. The person who has to pay huqqah as zakah but does not have it only has to pay jadh'ah. The zakah collector, then, will pay him the difference, which is twenty dirhams or two female sheep. The one who has to pay huqqah and does not possess it can pay just the bint labun if he has it, along with two sheep if they are available. If not, he may pay twenty dirhams. If he has to pay the zakah of bint labun and does not have it, he can pay a huqqah and will receive from the zakah collector twenty dirhams or two sheep. If he has to pay the zakah of bint labun but has only bint makhad, it will be accepted from him along with two sheep if they are available, or twenty dirhams. If he is liable for the zakah of bint makhad and does not possess it, a ibn labun will be accepted from him without any additional things. If he has only four camels, he is not supposed to pay anything unless he wants to. These are the rules concerning zakah on camels which were applied by Caliph Abu Bakr as-Siddiq, and none of the companions differed with him in this matter. Az-Zuhri reported, on the authority of Salim from his father: "The Messenger of Allah, upon whom be peace, had the rules of sadaqah written down but could not send them to his govemors. Then, after his death, Abu Bakr dispatched them and applied them, a practice which Caliph 'Umar also followed and wanted others to follow, as indicated in his will.
N-6 ZAKAH ON CATTLES :
Cattle are subject to zakah provided they are a freely grazing herd and number thirty at the completion of the hawl. At that point, the zakah due is a young bull or a young cow (tabi' or tabi'ah). When they reach forty, the zakah is a young cow two years old (musinnah); when sixty, two young cows or two one-year-olds (tabi'ahs); when seventy, the zakah due is one musinnah and one tabi'; when eighty, two musinnahs; when ninety, three tabi's; when one hundred, one musinnah and two tabi's; when 110, two musinnahs and two tabi's; and when 120, three musinnahs or four tabi's. This system is followed on all additional cattle--one tabi', and on every forty, one musinnah.
N-7 ZAKAH ON SHEEP (INCLUDING GOATS) :
Sheep are subject to zakah when their number reaches forty. When the herd counts forty freely grazing heads at the end of the year, its zakah is one sheep. This is applicable until the number reaches 120, at which point, up until 200, the zakah is two sheep. From 201 to 300, their zakah is three sheep. When the number is above 300, one additional sheep is added for each increment of one hundred. Young sheep (jadh') are levied in the case of sheep and young goats (thany) in the case of goats. It is permissible, say scholars without exception, to levy rams as a form of zakah if all of the nisab of sheep are male. If the sheep are ewes, or a grouping of males and females, the Hanafiyyah holds it is optional to levy a zakah rams, whereas others specify ewes.
N-8 ZAKAH ON ANIMALS OTHER THAN CATTLE (AL-AN’AM) :
Zakah is not applicable to animals other than cattle. Thus, there is no zakah on horses, mules, or donkeys unless they are used for the purpose of trade. On the authority of 'Ali, it is related that the Prophet, upon whom be peace, said: "I have exempted you from paying sadaqah on horses." It was narrated by Ahmad and Abu Dawud with a good chain. On the authority of Abu Hurairah, it is related that the Messenger, upon whom be peace, was asked if there is zakah on donkeys. He replied: "Nothing was ever mentioned [in revelation] except in the following excellent Qur'anic verse: 'And whosoever does evil equal to an atom's weight will see it' [azZalzalah 7-8]." It was narrated by Ahmad and its details have already been mentioned. Harithah ibn Madrab reported that he performed pilgrimage (hajj) with Caliph 'Umar, and the notables of Syria came to him and said: "O Commander of the Faithful, we have acquired some animals, so take from our property a sadaqah that purifies us." He answered them: "My two predecessors [the Prophet, upon whom be peace, and Caliph Abu Bakr] did not do this before. But wait and let me ask the Muslims about this." This was narrated by alHaythami, who said that it was narrated by Ahmad and atTabarani in the book entitled al-Kabir. The narrators of this hadith are considered trustworthy. Az-Zuhri reported from Salman ibn Yassar that the people of Syria said to Abu 'Ubaidah ibn al-Jarrah: "Take from our horses . . . a sadaqah." He refused. Then he wrote to 'Umar, who also refused. They spoke to him again, and he wrote to 'Umar once again. 'Umar wrote back: "If they desire that, take it from them and give it back to them [their poor] and to their slaves." This was narrated by Malik and al-Baihaqi.
N-9 YOUND CAMELS, CALVES, AND LAMBS :
When a person has a nisab of camels, cattle, and lambs, and they give birth during the same year, zakah is due on both the original number and their offsprings at the end of the year. Their zakah is considered a lump-sum zakah according to the majority of scholars. On the authority of Malik and ash-Shaf'i, from Sufyan ibn 'Abdullah ath-Thaqafi, it is related that 'Umar ibn al-Khattab said: "The new-born sheep (as-sakhlah) carried by the shepherd are not to be taken as zakah. Likewise, a barren sheep (al-'akulah), a ewe kept for milk (ar-raby), a pregnant ewe (al-makhid) and a ram used for breeding (fahl al-ghanam) are not to be taken as zakah. Take as zakah the jadh'ah and the thaniyyah. Zakah is levied on the average quality of the property." Abu Hanifah, ash-Shaf'i, and Abu Thaur are of the opinion that the young offspring are not to be calculated in the zakah payment unless the mature animals make a nisab. Also, Abu Hanifah stated that the young sheep can be added to fulfill a nisab whether they are born from the same livestock or not. They will be subject to zakah at the end of the year. Ash-Shaf'i lays down the condition that young animals have to be born prior to the completion of the nisab. There is no zakah on young animals according to Abu Hanifah, Muhammad, Dawud, ash-Shu'abi, and Ahmad. Ahmad, Abu Dawud, an-Nasa'i, ad-Daraqutni and al-Baihaqi, relate that Suwaid ibn Ghaflah said: "The zakah collector of the Messenger of Allah, upon whom be peace, came to us and I heard him say: 'In my term of office, a suckling animal was not subject to zakah . . .' " In its chain of narrators is Hilal ibn Hubab, whom several have declared trustworthy, but some did not. It was authenticated by more than one person but was a point of contention to others. According to the opinion of Malik and a report from Ahmad, young animals as well as mature ones are subject to zakah, because if the former could be considered with others (for purposes of zakah), then they could also be considered on their own. Ash-Shaf'i and Abu Yusuf hold that at least one young (animal) is obligatory (as zakah) from the young animals.
N-10 ON COMBINING YOUND AND OLD (ANIMALS) OR SEPERATING THEM :
Suwaid ibn Ghaflah said: "The zakah collector of the Messenger of Allah, upon whom be peace, came to us and I heard him say: 'We do not collect zakah on suckling animals, nor do we separate between them [young and old], nor combine them together.' A man came with a great humped camel (kawma), but he did not accept it as zakah." It was reported by Ahmad, Abu Dawud and anNasa'i. Anas reported that Abu Bakr wrote to him: "These are the sadaqah stipulations which the Messenger of Allah, upon whom be peace, made obligatory to the Muslims. [And of it] do not combine. There is no need to gather [young and old] animals nor to separate them to obtain the correct sadaqah amount. What happens to a mixture of young and old? When zakah is assessed on two associates, then they have to figure it out equally among them." AlBukhari relates this. Malik, in alMuwatta', says: "There are, for example, three partners, each having forty sheep on which zakah is payable. If they add their sheep together, their zakah will be only one sheep. Or, another example: two partners have 201 sheep. Their zakah will be three sheep. If they divide the flock among them, their zakah will be one sheep each." Ash-Shaf'i holds that this statement is addressed to both the owner and the zakah collector. Each is ordered not to add or separate his possessions to obtain a lower or higher sadaqah. Since the owner would naturally prefer a low sadaqah on his property, he would combine or separate his possessions accordingly. The same would also be true of the zakah collector, who might like to collect as much sadaqah as possible. By using the phrase khashyat assadaqah (for fear of sadagah), the Prophet meant that it may become more or less since both altematives were possible. This shows that he did not prefer one choice over the other. Therefore, he made both altematives possible. According to the Hanafiyyah: "This is, in a sense, a prohibition on the zakah collector's separating the property of a person so that his sadaqah is not increased. For example: a man possesses 120 sheep. If they are divided into three lots of forty each, the zakah would amount to three sheep. Another example: if they combine the property of one man with the property of another, the sadaqah would increase. Thus, if a person owns 101 sheep and another owns an equal number, then the zakah collector, if he combines the two lots, would secure three sheep as payment toward zakah, while the actual amount due is only two sheep."
N-11 DOES COMBINING (ANIMALS HAVE ANY EFFECT :
The Hanafiyyah hold that as far as the determination of zakah is concemed, combining (animals) as no effect. Whether such a combination is between partners or has ensued because of contiguity does not matter. There will be no zakah on the joint ownership of partners unless each of them attains a nisab. The consensus is that zakah has to be detemlined on the basis of sole ownership. The Malikiyyah maintain that ownership of cattle is considered as one for the purpose of zakah. The combination becomes valid only for zakah when the co-owners in their own right possess a nisab. In addition to this, they should have a common herdsman, a common breed, a common pen, and the expressed intention of having joint ownership. If the herd of one of them is distinguished from the other, they will be considered two separate entities. In that case, each individual becomes liable for zakah. The combination affects livestock. What is taken as zakah from the herd will be distributed among the partners in accordance with each one's share. If the property of one of the associates is separate, then all of it is considered combined.
According to the Shaf'iyyah, every share of the combination affects the zakah and the zakah on two or more associates' separate properties becomes due. This may affect the amount of zakah due; for example, if two men, each possessing twenty sheep, combine their sheep, the zakah due is one, but if they do not combine them, then there is no zakah on either one. On the other hand, a combination of 101 sheep with the same number results in a zakah of one and one-half sheep. However, if the flocks of sheep are considered separately, then the zakah due on each lot is only one sheep. As for the case of three associates, each of them having forty sheep, if they combine them, the zakah due is one sheep--that is, the zakah due for each partner is one-third of a sheep. However, if treated separately, each should pay one sheep. In addition to this, the Shaf'iyyah moreover stipulate the following:
The partners should qualify financially to pay zakah. The combined property must attain a nisab. Its zakah is due at the end of the year. None of the properties is singled out from the others as regards resting pen, grazing area, watering, herdsmen, and milking sheds. Flocks of the same kind are bred by the same ram. Ahmad agrees with the Shaf'iyyah, except that he limited the effect of combination to cattle and does not take into consideration any other properties. Punishment in the Hadith for the Delinquents of Zakah-
Ahmad, al-Bukhari, and Muslim relate from Abu Hurairah that the Messenger of Allah, upon whom be peace, said: "No owner of a treasure who does not pay zakah will be spared, for his treasure will be heated in the Fires of Hell and then made into plates. His flanks and his forehead will be branded with them until Allah pronounces judgment on His servants during a day lasting fifty thousand years. [The individual] will be shown his path, leading him either to Paradise or to Hell. A camel owner who does not pay zakah will not be spared (either). He will lay flat on a sandy, soft plain and they will run over him heavily one after another until Allah pronounces judgment on His servants during a day lasting fifty thousands years. [The individual in question] will then be shown his path, leading him either to Paradise or to Hell. Equally, no owner of goats who does not pay zakah (will be spared). He will lay flat for them on a sandy plain, and the goats will run over him as heavy as they will come and they will trample him with their hoofs and gore him with their horns--with twisted horns or with no horns--one after another until Allah pronounces judgment on His servants, during a day lasting fifty thousand years, and [the individual in question] will be shown the path, leading him either to Paradise or to Hell. They [the Companions] asked: 'O Messenger of Allah, what about the horses?' He said: 'Horses have goodness in their foreheads (or he said 'Goodness lies in the foreheads of the horses') until the Day of Judgment. Horses are of three kinds: they are a source of reward for the owner, they are a cover, or they are a burden to a person. As to those [horses] that bring rewards, one who raises and trains them for the sake of Allah will get a reward from Him as well as all that they consume will be considered a reward for him from Allah. For every stalk of grass in the meadow that one lets them graze, there is a reward for him. For every drop of water that one lets them drink from the creek, there is a reward.' He went on describing until a reward was mentioned even for their urine and their feces. 'And for every step that they prance on elevated ground, there is a reward. As for the one to whom they will provide cover [in the life hereafter], he is the one who raises them for honor and dignity and remembers the right of their backs and stomachs in plenty and adversity. As for the one to whom they are a burden, he is the one who raises them for glory and showing off to people.' They asked: 'O Messenger of Allah, what about donkeys?' He said: 'Allah has not revealed to me anything in regard to them except this one comprehensive verse: 'He who does an atom's weight of good will see it, and he who does an atom's weight of evil will see it' [az-Zalzalah 7]." Al-Bukhari and Muslim relate from Abu Hurairah that the Prophet, upon whom be peace, said: "Whoever is made wealthy by Allah and does not pay zakah on his wealth, on the Day of Judgment it will become a bald-headed, poisonous, male snake with two black spots over his eyes. The snake, on the Day of Judgment, will encircle his neck, and bite his cheeks and say: 'I am your treasure, I am your wealth.' " Then he [the Prophet] recited this 'ayah: " 'And let not those who hoard up that which Allah has bestowed upon them of his bounty...' [al'Imran 180]."
Ibn Majah, al-Bazzar, and al-Baihaqi relate from Ibn 'Umar that the Messenger of Allah, upon whom be peace, said: "O Muhajirun, beware of five traits: if ever immorality spreads in a community and there is no sense of shame on its occurrence or mentioning it [and people talk about it as if nothing bad has taken place], diseases which were not present in the time of their predecessors will spread among them. If they decrease the measure and weight (of sold grains or food), they will be overcome by poverty, their provisions will decrease and their ruler will be unjust. If they refrain from paying the zakah due on their properties, they will be deprived of rain, unless they get it only for the sake of their cattle. If they renounce their commitment to Allah and His Messenger, they will be governed by an enemy who is a stranger to them and who will take away some of what they possess. If their rulers do not rule according to Allah's Book, they will be afflicted by civil war. Allah forbid that these should happen to you."
Al-Bukhari and Muslim relate from al-Ahnaf ibn Qays that he said: "I was in the company of some men of Quraish, when a man (Abu Dharr al-Ghafari, a companion of the Prophet) came with coarse hair, clothes, and appearance. He stood up, greeted them and said: 'Inform those who hoard property that a stone will be heated in the Fires of Hell and then placed on the nipples of their breasts until it comes out from the top of their shoulders. It will then be placed on the top of their shoulders until it comes out again from the nipple of their breasts, and they will be shaken.' Then he left. I followed him and sat near him, not knowing who he was. I said: 'These people disliked what you said to them.' He observed: 'They do not understand anything that my friend said to me.' I asked: 'Who is your friend?' He replied: 'The Prophet, upon whom be peace. [One day he asked me]: 'Do you see the Mount of Uhud?' I looked at the sun to see how much of the day was left, as I thought that the Messenger of Allah, upon whom be peace, wanted to send me on an errand for him. I said: 'Yes.' Upon this he said: 'Nothing would delight me more than having gold equal to the bulk of Uhud and spending all of it (in Allah's way) except three dinars.'
'Indeed, these people do not understand and go on accumulating riches. By Allah! I neither ask them for this world, nor do I ask them anything about religion until I meet Allah, The Exalted One.' "Who Must Pay the Khums (One-Fifth). Most scholars are of the opinion that khums is due on anyone who finds a treasure, whether he happens to be a Muslim, a free non-Muslim subject (dhimmi), old, young, sane, or insane. However, the guardians of the young and insane must pay it on their behalf. Ibn al-Mundhir comments that all learned persons agree that a dhimmi who finds rikaz has to pay its khums. This is also the opinion of Malik, the scholars of Madinah, ath-Thauri, al-Auza'i, the scholars of Iraq, those who use analogy (ashab ar-ra'y), and others. Ash-Shaf'i stated that khums is only due upon those who must pay zakah.Distribution of KhumsAccording to ash-Shaf'i, the distribution of khums is similar to the distribution of zakah. Ahmad and al-Baihaqi narrate from Bishr al-Khath'ami that a man from his tribe said: "While I was in Kufah, I received a jar from an old monastery at the zakah district (jibayah) of Bishr. There were 4,000 dirhams in it. I took it to 'Ali, who told me to divide it into five parts, which I did. Then, 'Ali took one-fifth and gave me four-fifths. When I departed, he called me and asked if there were some needy people living near me. I replied that there were, and he asked me to divide the one-fifth among them." Abu Hanifah, Malik, and Ahmad are of the opinion that its distribution is similar to the distribution of booty (fay').
Ash-Shu'bi narrates that a man, while he was out of Madinah, found 1,000 dinars in the ground. He brought them to 'Umar ibn alKhattab, who took the khums of 200 dinars and gave the man the rest. 'Umar started to distribute the 200 dinars among the Muslims who were present. Since a little bit was left over, he then asked: "Where is the owner of the dinars?" When the man responded, 'Umar said to him: "Take these dinars, for they are yours." In alMughni, it says that if it were like zakah, he would have alloted it to those who deserved it and would not have returned it to its finder. Furthermore, rikaz can be given to the dhimmi, whereas zakah is not.
N-12 ZAKAH ON DEBT :
Debts are of two kinds:
A debt which is acknowledged by the debtor with the willingness to pay it off, and A debt which is not acknowledged either because the borrower is insolvent or its payment is deferred.
In the first case, scholars have formed the following views:
The first view: 'Ali, ath-Thauri, Abu Thaur, the Hanafiyyah, and the Hanbaliyyah hold that the creditor should pay zakah on the debt, provided he has received it from the debtor, in that zakah will be payable retroactively.
The Second view: 'Uthman, Ibn 'Umar, Jabir, Tawus, anNakha'i, al-Hasan, az-Zuhri, Qatadah, and ash-Shaf'i hold that the creditor should pay zakah on the value of a debt owed on time, even though he did not receive it yet, since he is eventually going to receive it and use it. It is similar to the zakah of any deposited amount.
The third view: 'Ikrimah, 'Aishah, and Ibn 'Umar hold that no zakah is due on debt since it does not grow. It is similar to the case of acquired assets.
The fourth view: Sa'id ibn al-Musayyab and 'Ata ibn Abu Rabah hold that zakah should be paid for one year if the debt is returned to the creditors.
N-13 ZAKAH ON BANKNOTES AND BONDS :
Since they are documents with guaranteed credits, banknotes and bonds are subject to zakah once they attain the minimum of nisab--that is, a person may change them into currency immediately. The minimum of nisab is twenty-seven Egyptian riyals.
N-14 ZAKAH ON A WOMAN’S DOWRY :
Abu Hanifah is of the opinion that there is no zakah on the dowry of a woman until she comes to possess it. At the same time, the dowry must constitute the nisab at the end of the year. The position, however, will be different if the woman has accumulated a nisab other than the dowry. In such a case, any amount she receives should be added to the nisab, and zakah should be paid at the end of a year of possession. Ash-Shaf'i holds that a woman must pay zakah on her dowry at the end of one year, even if it is before the wedding. The probability of its restitution because of nullification, or its fifty percent refund because of divorce, does not exempt her from paying it. The Hanbaliyyah are of the opinion that dowry is a credit for women and that it is similar to debts. If the recipient of a dowry is rich, the payment of its zakah is obligatory. If the recipient is insolvent, or does not acknowledge it, then, according to al-Khiraqiyy, the zakah is obligatory regardless of the consumation of marriage. If a woman receives half of her dowry (in the case of her divorce before consumation), she should pay zakah only on the received half. However, if all of the dowry is cancelled before she receives it (in the case of nullifying the marriage on her behalf), she is under no obligation to pay its zakah.
N-15 ZAKAH ON HOUSE RENT :
Abu Hanifah and Malik maintain that the rent is not payable to the landlord at the time of the contract but at the expiry of the renting period. Thus, the landlord who rents out a ouse should pay the zakah on his house rent, provided the fixed amount meets the following conditions: receiving of the money and completion of nisab at the end of the year. The Hanbaliyyah think that once the contract is concluded, the landlord is entitled to have rent. Thus, if someone leases his house, the zakah is due upon its fixed rate reaching a nisab at the end of the year. This is so because the landlord has the right to spend the rent the way he wants to. The possibility of cancelling the lease does not invalidate the obligation to pay zakah. This case is similar to the case of dowry before the consumation of a marriage. If the rent is an arrear rent, then it should be treated as a debt either as paid or postponed. In al-Majmu', an-Nawawi says: "If somebody leased a house and was paid in advance, he should pay its zakah on receiving it. This is uncontroversial."
N-16 ZAKAH ON TRADE :
The majority of scholars among the companions, the followers, the generation after them, and the jurists who came subsequently held that zakah on merchandise is compulsory. Abu Dawud and alBaihaqi relate that Samurah ibn Jundub reported: "The Prophet, upon whom be peace, used to command us to pay sadaqah from [the goods] we had for sale." Ad-Daraqutni and al-Baihaqi relate that Abu Dharr reported the Prophet, upon whom be peace, saying: "There is sadaqah on camels, sheep, cows, and house furniture." Ash-haf'i, Ahmad, Abu 'Ubaid, ad-Daraqutni, al-Baihaqi, and 'Abd ur-Razzaq relate that Abu 'Amr ibn Hammas reported from his father that he said: "I used to sell leather and containers. Once, 'Umar ibn al-Khattab passed by me and said: 'Pay the sadaqah due on your property.' I said: 'O Commander of the Faithful, it is just leather.' He replied: 'Evaluate it and then pay its due sadaqah.' "
Commenting on its credentials, Ibn Quadmah says in alMughni that this is a kind of story which is well-known and indisputable. This might be a consensus of opinion. On the other hand, the Zahiriyyah maintain that merchandise is not subject to zakah. They differ, says Ibn Rushd, because of their use of analogical reasoning to the obligation of zakah and because of their disagreement on the authenticity of Samurah's and Abu Dharr's reports. However, the majority of jurists view merchandise as a property which increases in value. Hence, by analogy, it is similar to the three categories upon which zakah must be paid: plantations, cattle, and gold and silver. It is stated in al-Mandr: "Most scholars agree that zakah is obligatory on merchandise even though there is no clear-cut ruling in the Qur'an or the sunnah on this issue. However, there are a number of reports that corroborate each other with regard to the evidence provided by [their] texts. Their rationale is that since merchandise is a form of cash, there is no difference between it and dinars or dirhams in terms of which it is valued. This means that the form of the nisab can alternate between value in the form of cash and that which is valued in the form of merchandise. If zakah had not been obligatory on merchandise, the rich--or most of them --would have converted their cash into merchandise for trading purposes, making sure that the nisab of gold and silver is never possessed by them for a year."
The main consideration here is that by levying zakah on the rich, Allah the Exalted wants to help the poor and to promote the welfare of the people in general. For the rich, its benefit lies in cleansing their persons of stinginess--both in money and feelings. For the poor, its benefit lies in easing their circumstances. Zakah thus eliminates the causes of corruption which results from the increase of money in a few hands. It is this wisdom which the Qur'an refers to when it deals with the distribution of booty: "... that it becomes not a commodity between the rich among you" (al Hashr 7). Therefore, it is not reasonable to exempt businessmen from their societal obligations when they possess most of the nation's wealth.When Goods can be Judged as Trading GoodsThe author of al-Mughm states that: "Merchandise can only be considered as trading goods for two reasons:
The actual possession of merchandise is acquired by an act such as a commercial transaction, marriage, divorce demanded by the wife (khul'), acceptance of a gift, bequest, booty, and other lawful acquisition. This is because that which is not subject to zakah cannot be considered as so subsequent to its possession on the basis of niyyah (intention) only, as, for example, in the case of fasting. It does not make any difference whether a person came to possess such items by buying them or not because his possession is by an act similar to inheritance. The goods are intended, at the time of possession, for trade. These are considered as non-trade goods even though the person intends to use them later for trade.
However, if he possesses these goods through inheritance and intends them for trade, they are not considered as trade goods because the determining factor in such cases is the status of acquisition, not the temporary state of trade. Mere intention will not provide a valid reason to change its status. For example, if a person intends to travel without embarking upon it, then the mere expression of his intention will not constitute the act of traveling. Likewise, if a person bought merchandise for trade and then intended it for possession, it would be considered as such and zakah will not be paid on it. Exhortation to Give Zakah in the Qur'an At-Taubah 103 authorizes the Prophet, upon whom be peace, to take either a stipulated amount of alms from the believers' holdings in the form of the obligatory zakah, or a voluntary, unstipulated amount (zakah of tatawwul). In this 'ayah, "purify" means to purify them from stinginess, greed, and meanness, and a lack of remorse toward the poor and the wretched. To sanctify them is to raise them in esteem through good deeds and blessings so that they will be worthy of happiness both now and in the afterlife.
In reference to the life hereafter, Allah reveals: "Lo! Those who keep from evil will dwell amid gardens and watersprings, taking that which their Lord gives them. For they were before doers of good. They used to sleep but little of the night, and in the hours of the early dawn they prayed for forgiveness.... In their wealth, the beggar and the outcast had due share" [adh-Dhariyat 15-19]. Allah views beneficence and righteousness as exclusive qualities of the pious. It is because of their beneficence that they pray at night and ask Allah's forgiveness at dawn as a way of worshipping and approaching Him. Their beneficence is likewise in their giving to the needy their share of mercy and sympathy.
Allah further confirms: "And the believers, men and women, are protecting friends of one another; they enjoin the right and forbid the wrong, they perform prayer and pay the zakah, and they obey Allah and His Messenger. Upon them, Allah will have mercy" [at-Taubah 71]. Such are the people blessed by Allah and given His mercy-- those who believe in Him, who take care of each other through support and love, who exhort fairness and restrain lewd behavior, who have strong ties with Allah through prayer, and who strengthen their mutual relations through zakah. Finally, these people, as reflected in al-Hajj 41, are: "Those who, if we give them power in the land, perform prayers and pay zakah, and enjoin kindness and forbid inequity." Giving zakah is, therefore, one of the reasons for which the righteous are given authority on earth.
N-17 HOW IS ZAKAH ON TRADE MONEY TO BE PAID:
One who possesses merchandise with a nisab for a year should pay zakah on it, the amount of which is a quarter of a tenth of its value. This should be done by a businessman every year. However, the period of a year does not come into effect unless his inventory constitutes a nisab. Assuming a businessman possesses merchandise short of a nisab and part of a year has passed, his inventory subsequently increases through an unusual rise in value (because of supply and demand or through price fluctuation) so that it constitutes a nisab; or he sold merchandise for the price of a nisab; or during the course of the year he comes to possess other merchandise which, together with his previous amount, completes a nisab; then, the hawl (for the purpose of zakah) starts at that time, and the time elapsed is not taken into consideration. This is the view of the Hanafiyyah, ath-Thauri, ashShaf'i, Ishaq, Abu 'Ubaid, Abu Thaur, and Ibn al-Mundhir.
According to Abu Hanifah, if the merchandise in possession constitutes a nisab at the beginning of the year and also at the end, zakah will still be applicable even though the nisab might have decreased within that time. The reason is that it is difficult to ascertain its completeness in the intervening period.
The Hanbaliyyah hold that if the merchandise decreases during the course of the year and increases again until it constitutes a nisab, the (requisite) period of a year starts all over again because it has been interrupted in its course by the decrease.
N-18 WHEN GOODS CAN BE JUDGED AS TRADING GOODS :
The author of al-Mughm states that:
"Merchandise can only be considered as trading goods for two reasons: The actual possession of merchandise is acquired by an act such as a commercial transaction, marriage, divorce demanded by the wife (khul'), acceptance of a gift, bequest, booty, and other lawful acquisition. This is because that which is not subject to zakah cannot be considered as so subsequent to its possession on the basis of niyyah (intention) only, as, for example, in the case of fasting. It does not make any difference whether a person came to possess such items by buying them or not because his possession is by an act similar to inheritance. The goods are intended, at the time of possession, for trade. These are considered as non-trade goods even though the person intends to use them later for trade.
However, if he possesses these goods through inheritance and intends them for trade, they are not considered as trade goods because the determining factor in such cases is the status of acquisition, not the temporary state of trade. Mere intention will not provide a valid reason to change its status. For example, if a person intends to travel without embarking upon it, then the mere expression of his intention will not constitute the act of traveling. Likewise, if a person bought merchandise for trade and then intended it for possession, it would be considered as such and zakah will not be paid on it.
N-19 ZAKAH ON PLANTS AND FRUITS :
Allah has made zakah obligatory on plants and fruit, for He says: "O you who believe! Spend of the good things which you have earned, and of that which We bring forth from the earth" [alBaqarah 267]. Zakah is called expenditure (nafaqah). Giving the justification for paying zakah on produce, Allah says: "He it is who produces gardens trellised and untrellised, and the date palm and the crops of diverse flavors, and the olive, and the pomegranate, like and unlike. Eat of the fruit thereof when it produces fruit, and pay its due upon the harvest day" [alAn'am 141]. In his explanation of the word haqq (due) in the preceding 'ayah, Ibn 'Abbas says that by haqq is meant both the obligatory zakah and the 'ushr (tithe) and the half-tithe.
N-20 ZAKAH ON PLANTS AND FRUITS AT THE TIME OF PROPHET :
During the time of the Prophet, upon whom be peace, zakah was levied on wheat, barley, dates, and raisins. Abu Burdah related from Abu Musa and Mu'adh that when the Messenger of Allah, upon whom be peace, sent the (latter two) to Yemen to teach its inhabitants Islam, he commanded them to levy sadaqah only on wheat, barley, dates, and raisins. This hadith is related by ad-Daraqutni, al-Hakim, at-Tabarani, and al-Baihaqi. Commenting on the status of the report, al-Baihaqi says that its chain is muttasil (uninterrupted) and its narrators are credible.
Whether sadaqah on such items should be considered zakah or not, Ibn al-Mundhir and ibn 'Abd al-Barr say: "The scholars are of the opinion that sadaqah is obligatory on wheat, barley, dates, and raisins." This opinion has its roots in a saying by Ibn Majah that the Messenger, upon whom be peace, regulated the payment of zakah on wheat, barley, dates, raisins and corn. Muhammad ibn 'Ubaidullah al-'Arzumi, a narrator in its chain, however, is of questionable status in the eyes of the scholars, and as such, his report is not credible.
N-21 ZAKAH ON OLIVES :
An-Nawawi says: "As for olives, our [Shaf'iyyah] view is that there is no zakah on them." This is also the opinion of Hasan ibn Salih, Ibn Abu Layla, and Abu 'Ubaid. Scholars such as as-Zuhri, al-Auza'i, al-Layth, Malik, athThauri, Abu Hanifah, and Abu Thaur maintain that there is zakah on olives. Az-Zuhri, al-Layth, and al-Auza'i hold: "Determine its quantity by conjecture (yukharras), and then take its zakah in the form of olive oil," while Malik says: "There is no need to compute its quantity by conjecture (yukharras). Take a tithe subsequent to the olives being pressed and attain the weight of five awsuq."
N-22 NISAB OF PLANTS AND FRUITS :
Most scholars say that there is no zakah on plants or fruits until they attain the amount of five awsuq. Furthermore, this becomes applicable only after the chaff, straw, and husk are removed. If it is not cleansed of husk, then the amount of zakah would be ten awsuq. Abu Hurairah reported that the Prophet, upon whom be peace, said: "There is no sadaqah (zakah) on that which is less than five awsuq." It is also narrated by Ahmad and al-Baihaqi with a good chain.
Abu Sa'id al-Khudri reported that the Prophet, upon whom be peace, said: "There is no sadaqah on any amount of dates or grains less than five awsuq." A wusuq by consensus of opinion is sixty sa'as (a cubic measure of varying magnitude). This hadith is said to be munqati that is--a hadith with an interrupted chain. Both Abu Hanifah and Mujahid hold that zakah is due on any amount, little or big, in accordance with the generic nature of the Prophet's saying: "From what the heavens water, a tithe [is due] ..." This is because land produce is perishable and cannot be preserved for a whole year. In that case, such produce does not attain a nisab within a one-year period. Ibn al-Qayyim's discussion of the subject is that the authentic and explicit sunnah for a tithe's nisab is the hadith: "From what the heavens water, a tithe [is due], and from what is watered by irrigation (gharb-vessel) a half a tithe." This is applicable to both small and large quantities as opposed to the specific amount mentioned in other hadith. In its application, a generic statement is as important as a specific one. Should there be a conflict between the two, then the most comprehensive will be applicable. This is the rule.
It has been said that both of the preceding hadith ought to be followed. In their essence, they do not contradict each other, nor does one of them have to cancel the other. The Messenger of Allah, upon whom be peace, has to be obeyed in this matter, for he said: "From what the heavens water, a tithe [is due] . . ." This saying seeks to distinguish between the two (categories): one on which a tithe is due, and the other on which only half of the tithe is due. He therefore distinguished between the two categories only in respect to the amount due. There is no mention of any amount of nisab in this hadith. However, he mentioned it explicitly in another hadith which cannot be ignored as something that is general or is intended to be so and not otherwise. It is similar to other statements of general import which have been explained in the texts. Ibn Qudamah concludes: "The saying of the Prophet, upon whom be peace, that 'there is no sadaqah [zakah] on anything less than five awsuq' is agreed upon. This hadith is specific, and for this reason takes precedence and clarifies his previous statement of general import. This is similar to his saying that 'zakah is due on all freely grazing camels,' which becomes explicit by his other saying on the same subject: 'There is no sadaqah on less than five camels.' Likewise his saying: 'Sadaqah on silver is a fourth of the tithe,' becomes specific by a latter utterance: 'There is no sadaqah on any amount less than five ounces.' Thus, it is possible to have holdings which qualify for sadaqah per se, but on which it is not levied."
When it comes to land produce, possession of a property for a year cannot be used as criterion, because their maturity or growth is completed by the time of harvest, and not by their continuity extended beyond a year. However, possession is considered for goods other than land produce since it is generally assumed that by the end of the year they must have completed their growth. The principle of attaining a nisab on any property is based on the understanding that a nisab is an amount large enough to be subjected to zakah. This may be explained by recalling that sadaqah is obligatory for the rich, which presupposes the existence of nisab generated by their holdings. For produce which cannot be measured but qualifies for zakah, a sa'a is used. One sa'a is a measure equal to one and one-third cups (gadah). Thus, a nisab is fifty kaylah (kaylah is a dry measure of weight, in Egypt it is equal to 16.72 L). As to the produce which cannot be measured, Ibn Quadamah says: "The nisab of saffron, cotton and such items is to be weighed at 1,600 Iraqi pounds (ratl, an Iraqi ratl equals approximately 130 dirhams). Thus, its weight is estimated."
Abu Yusuf says that if the produce cannot be measured, then zakah can only be levied on it when its value attains the nisab of articles subject to the lowest standard of measurement. Thus, zakah will not be levied on cotton until its value reaches five awsuq of an article to the lowest value so measured, such as barley and the like. This is because it is impossible to measure the article in itself except by the lower price of two nisabs. According to Muhammad ibn al-Hasan: "For zakah, a product has to reach five times the greatest value of its kind. Thus, zakah is not payable on cotton when it reaches five qintars, because evaluation by means of wusuq is based on the consideration that its value is higher than what is valued in kind."
N-23 THE RATE OF ZAKAH :
The rate of zakah differs according to the method of irrigation. If it is watered naturally without the use of artificial means, then the zakah payable is a tithe (one-tenth) of the produce. However, if it is irrigated by a mechanical device or with purchased water, then the zakah payable is half a tithe. Mu'adh reports that the Prophet, upon whom be peace, said: "On that which is watered by the heavens, or by an adjacent water channel, a tithe is due. As for what is irrigated through a well or a stream, its zakah is half a tithe." This hadith is narrated by alBaihaqi and al-Hakim, and is graded sahih. Ibn 'Umar reported that the Prophet, upon whom be peace, said: "On that which is watered by the heavens or springs or its own roots, a tithe is due, and on that watered by a well or a stream, half a tithe." This hadith is narrated by al-Bukhari and others. In case the land is watered equally by artificial as well as natural means, then zakah payable will be three-fourths of a tithe. Ibn Qudamah stated that he did not know of any difference of opinion on the preceding hadith. If one method of watering is used more than the other, then for calculating zakah, this would be the determining factor. This is the view of Abu Hanifah, Ahmad, athThauri, and ash-Shaf'i (one of his two opinions). All of the costs involved in harvesting, transportation, threshing, cleaning, storing, and others are to be borne by the owner from his property and should not be accounted for against the zakah to be paid. Ibn 'Abbas and Ibn 'Umar hold that whatever is borrowed for the purpose of tilling, planting, and harvesting should first be taken out.
This is evident from their following statements reported by Jabir ibn Zaid that Ibn 'Abbas and Ibn 'Umar said that a man who borrows in order to spend it either on cultivation (of his land) or on his family must first pay off his debt, then pay zakah on the rest. Ibn 'Abbas said: "First he must pay off what he spent on cultivation, and then pay zakah on the rest." Yahya ibn Adam related this in al-Kharaj. Ibn Hazm relates from 'Ata that all expenses are to be deducted first. If zakah is applicable to the remaining amount, only then will it be paid.
N-24 WHEN ZAKAH IS DUE ON PLANTS AND FRUITS:
Zakah is due on plants when the grains mature and are ready to be rubbed off and on the fruit when it is ripened. In the case of dates, for example, the indication will be their brightness or red color, and with grapes their sweetness. Zakah becomes due only after grains are husked or the fruit becomes dried. If the farmer sold his grain after it had matured, and the fruit after it had ripened, then its zakah will be paid by him and not the buyer. This is because the obligation to pay zakah became due when the produce was still in the owner's possession.
N-25 PAYMENT OF GOOD (THINGS) FOR ZAKAH :
Allah, the Exalted One, commanded those paying zakah to set it aside from the good portion of their property and forbade paying it from the bad portion. He says: "O you who believe! Spend of the good things you have earned and from that which We bring forth from the earth for you, and seek not the bad [with intent] to spend thereof [in charity] when you would not take it for yourselves save with disdain. And know that Allah is free of all wants and worthy of all praise" [alBaqarah 267]. Abu Dawud, an-Nasa'i and others reported from Sahl ibn Hanif from his father that: "The Messenger of Allah, upon whom be peace, forbade paying zakah with two kinds of dates called ju'rur and habiq. People used to set aside the worst of their fruit for sadaqah but were later on forbidden to do this by Allah: 'And seek not the bad [with intent] to spend thereof [in charity]' [al-Baqarah 267]." While mentioning this verse, al-Bara' said: "This was revealed in relation to us [al-Ansar--the Helpers], because we were owners of palm trees. A man may bring from his palm trees [dates] depending on how much he had, a cluster or two, and hang it at the mosque, and the people of the Saffah who had no food would come to the cluster and beat it with their rod. The green and unripe dates would fall off and they would eat them. There were people who did not seek good. Someone would bring a cluster of bad or inferior quality dates [shis and hashaf] or an already-broken cluster [before it had ripened] and hang it at the mosque. At this time, Allah revealed the 'ayah: 'And seek not the bad [with intent] to spend thereof [in charity] when you would not take it for yourselves save with disdain' [al-Baqarah 267]." Al-Bara' continued: "If one of you receives as a gift something similar to what he gives away, he would not accept it except out of feigned pleasure." Said al-Bara': "As a result of that, each one of us used to offer the good part of what he had." It was narrated by at-Tirmidhi who said: "It is good and sound." In his summation of the subject, ash-Shaukani says: "This [the preceding hadith] means that the owner is not allowed to set aside the bad from the good on which zakah is due, especially in regard to dates as well as, by analogy, the various other categories on which zakah is due. Furthermore, the collector of zakah is not allowed to take it.
N-26 REGULATION OF AWQAS :
Definition of Awqas: Awqas is a plural form of waqs. A waqs is any amount or number that lies between the regulation of the lower ordinance and that of a higher one. Scholars agree that such a waqs is exempt from zakah. It has been confirmed in the sayings of the Prophet, upon whom be peace, concerning the sadaqah of camels that he said: "When the number of camels reaches twenty-five, a young she-camel one year old and already starting the second (ibn makhad); when they reach thirty-six to forty-five, then the zakah due on them is a young she-camel two years old and already starting the third (bint labun)." Concerning the sadaqah of cattle, he said: "When cattle number between thirty and forty, the zakah is a young calf of one year old (tabi') or a bull or cow of one year and already starting the second (jadh' or jadh'ah); when they reach forty, a young cow of two years old and already starting the third (rnusinnah)." Concerning sadaqah on sheep, he said: "When the number of freely grazing sheep is between forty-two and 120, their zakah is one ewe." Thus, what lies between twenty-five and thirty-six camels is considered waqs--that is, there is no zakah on them. Likewise, what lies between thirty and forty cattle is considered waqs. This is also applies to sheep.
N-27 ACQUIRING PROPERTY THROUGH PROFIT OR INCREASE :
When a person acquires property and it stays in his possession for a year and constitutes a nisab, and he has no other property or he has similar property which has not reached a nisab except when the acquired property has been added to it, then the year hawl of zakah becomes applicable to it from the time of its acquisition. The zakah will be payable at the completion of the hawl. In such a case, the acquired property may be classified in any of the following categories:
The acquired holdings increase in value either by profits from trade or by an increase in animal production. These kinds of holdings qualify themselves for the application of the hawl and zakah. For the individual whose merchandise or animals constitute a nisab and whose business also makes a profit or whose animals reproduce during the course of the hawl, he should count the original and additional property as one for the purpose of zakah. There is no dispute about this among scholars. As for the acquired property which falls under the same category as the attained nisab but is not derived or generated from it--that is, it was acquired through purchase, gift, or inheritance-- Abu Hanifah holds that this may be combined with the nisab in order to become a part of it with regard to the hawl and payment of zakah. Thus, the principal property and the profits are collectively taxable. Ash-Shaf'i and Ahmad suggest that newly acquired property be combined with the original one for the purpose of attaining a nisab and that a new hawl has to be assumed for it--whether the original consists of cash or animals. For example, if someone has 200 dirhams and manages to acquire another 200 dirhams during the year, he should pay zakah on both at the completion of the hawl which will begin to roll at the acquisition of new property. Malik's opinion is like that of Abu Hanifah's concerning animals but like Ahmad's in regard to gold and silver.
N-28 ZAKAH ON SHARED PROPERTY :
When holdings are shared between two or more partners, zakah is not obligatory on either one until all of them attain a nisab individually. This is the opinion of most scholars. This does not include the combination of animals, which has been discussed earlier.
N-29 THE INSOLVENT DEBTOR :
Whoever has property must pay its proper zakah. If the property is indebted, he may first pay off his debt, then in case the remainder is enough to constitute a nisab, he must pay zakah. If he does not hold the nisab, he does not have to pay it since he is poor. The Messenger of Allah, upon whom be peace, said: "Only the wealthy are required to give charity." This hadith is related by Ahmad and al-Bukhari. The latter records it in mu'allaq form. The Prophet also said: "Zakah is levied on the rich and paid to the poor." It is all the same, whether he is indebted to Allah or to man, because one hadith states: "Allah's debt is more deserving of fulfillment."
O ZAKAH ON THE HOLDINGS OF INFANTS AND MENTALLY RETARDED PEOPLE :
O-1 The guardian of a child or of a mentally retarded person must pay zakah on his behalf from his property if it constitutes a nisab. 'Amr ibn Shu'aib reported from his father backed up by a chain of sources going back to 'Abdullah ibn 'Amr that the Messenger of Allah, upon whom be peace, said: "One who becomes the guardian of an orphan with property must trade on his behalf and not leave it passive in order to avoid depletion of the property by sadaqah." However, this hadith has a weak link. Still, al-Hafiz affirms that: "There is a similar hadith of the mursal type in the compilation of ash-Shaf'i, who confirmed that it is considered a sound one. 'Aishah used to set aside zakah for the orphans who were under her protection." At-Tirmidhi concludes that: "Jurists differ on this issue. More than one companion of the Prophet, upon whom be peace, said that zakah may be taken from an orphan's property. Among these are: 'Umar, 'Ali, 'Aishah, and Ibn 'Umar. This view is also supported by Malik, ash-Shaf'i, Ahmad, and Ishaq. Another group, including Sufyan and Ibn al-Mubarak, hold that: 'Zakah should not be taken out of an orphan's property.'
P THE PURPOSE OF ZAKAT UL-FITR :
P-1 Zakat ul-fitr was made obligatory in the month of Sha'ban in the second year of the hijrah. Its purpose is to purify one who fasts from any indecent act or speech and to help the poor and needy. This view is based upon the hadith reported by Abu Dawud, Ibn Majah, and ad-Daraqutni from Ibn 'Abbas. The Messenger of Allah, upon whom be peace, enjoined zakat ul-fitr on the one who fasts to shield one's self from any indecent act or speech and for the purpose of providing food for the needy. It is accepted as zakah for the person who pays it before the 'id salah, and it is sadaqah for the one who pays it after the salah.
P-2 PAYING ZAKAT UL-FITR IN ADVANCE :
Most scholars believe that it is permissible to pay zakat ul-fitr a day or two before 'id. Ibn 'Umar reports that the Messenger, upon whom be peace, ordered them to pay zakat ul-fitr before the people went out to perform the 'id prayers. Nafi' reports that 'Umar used to pay it a day or two before the end of Ramadan. However, scholars hold different opinions when a longer time period is involved. According to Abu Hanifah, it is permissible to pay it even before Ramadan. Ash-Shaf'i holds that it is permissible to do so at the beginning of Ramadan. Malik and Ahmad (in his well-known view) maintain that it is permissible to pay it only one or two days in advance. The founders of the four accepted Islamic legal schools agree that zakat ul-fitr is not nullified simply by not paying it on its due date. If such is the case, it becomes a debt on the one responsible for it until it is paid. They also agree that it is not permissible to delay it until the day of 'id, but Ibn Sirin and an-Nakha'i say that this can be done. Ahmad says: "I hope that there is no harm [in the delay of its payment]." Ibn Raslan says that there is a consensus that its payment cannot be delayed just because it is a type of zakah. Thus, any delay is a sin and is analogous to delaying one's prayers without an acceptable excuse. This is proved by the following hadith: "If one pays zakat ul-fitr before the salah, it is considered an accepted zakah. If he pays it after the salah, it is considered an ordinary sadaqah.
P-3 DISTRIBUTION OF ZAKAT UL-FITR :
The distribution of zakat ul-fitr is the same as that of zakah-- that is, it has to be distributed to the eight groups of beneficiaries mentioned in the 'ayah: "The alms are only for the poor ..." [atTaubah 60]. The category comprising the poor is considered the most deserving. This is also supported by the hadith: "The Messenger of Allah, upon whom be peace, enjoined zakat ul-fitr as a purification for the one who fasts from any indecent act or speech, and as food for the needy." Al-Baihaqi and ad-Daraqutni relate from Ibn 'Umar who said: "The Messenger of Allah, upon whom be peace, enjoined the zakat ul-fitr, and also said: 'Free them from want on this day.'
Q ARE THERE OTHER CLAIMS ON WEALTH BESIDES ZAKAH?
Q-1 Islam views wealth realistically--as an essential aspect of life and the main means of subsistence of individuals and groups. Allah, the Exalted One, instructs: "Give not to those who are weak of understanding [what is in] your wealth which Allah has made a means of support for you" [an-Nisa' 5]. This amounts to saying that wealth is to be distributed to meet the basic needs of food, clothing, lodging, and other indispensables, and that no one is to be lost, forgotten, or left without support. The best way to distribute wealth so that everyone's basic needs are met is through zakah. It does not place any burden on the wealthy yet at the same time it meets the basic needs of the poor and relieves them of the hardships of life and the pain of deprivation. Zakah is not a favor (minnah) that the wealthy bestow upon the poor; rather, it is a due (haqq) that Allah entrusted in the hands of the rich to deliver to the poor and distribute among the deserving. Thus, the eminent truth about wealth and property is established--that is, wealth is not exclusively for the rich but for both the rich and the poor. This becomes obvious because of Allah's judgment concerning the distribution of booty (fay'). Allah warns: ". . . that it does not become a commodity taken by turns among the rich of you" [al-Hashr 7]. This means it is an apportionment of wealth between the rich and the poor, not something restricted to the wealthy. Zakah is an obligation due on the property of those able to pay and is to be used to meet the basic needs of the poor and the needy so that they could be kept away from hunger and they could be given a sense of security and general well-being. If the amount of zakah is not enough to alleviate the conditions of the poor and the needy, then the rich can be subjected to further taxation. How much should be taken is not specified. Its quantity will be determined by the needs of the poor. In his interpretation of alBaqarah 177, al-Qurtubi says: "The saying of Allah, the Exalted One: 'And to spend of your wealth out of love for Him' gives credence to those who maintain that there is a due on wealth other than zakah known as mal addir." Others hold that the preceding 'ayah alludes to the obligatory zakah. According to ad-Daraqutni's report from Fatimah bint Qais, the first view is more convincing. She relates: "Indeed, there is a due on one's holdings other than the prescribed zakah." Then he recited the following Qur'anic verse: "It is not righteousness that you turn your faces to the East or to the West, but it is to believe in Allah, the Last Day, the Angels, the Book, the Messengers, and to spend of your wealth out of love for Him on your kin, orphans, the needy, the wayfarer, or those who ask, and on the ransom of slaves..." [al-Baqarah 177]. Ibn Majah mentioned it in his Sunan and at-Tirmidhi in his Jami'. The latter says that Ibn Majah's has a different chain of narrators than his. Besides, Abu Hamzah and Maymun al-'A'war consider Ibn Majah's chain of narrator not credible. This hadith is related by Bayan and Isma'il ibn Salim from ash-Shu'bi, who said that it is sound. The latter says: "If there is a question about its authenticity, it is rendered clear by the context of the 'ayah
[al-Baqarah 177]. In this statement: '... to be steadfast in prayer, and to give zakah,' Allah mentions zakah with salah, which substantiates the fact that 'to spend of your property out of love for Him' does not refer to obligatory zakah, for that would be redundant in the 'ayah--and Allah knows best." The scholars agree that should a need arise, even when zakah has been paid, the Muslim community is bound to contribute toward the alleviation of the problem. Malik says: "It is obligatory for the people to ransom those taken as prisoners of war, even if doing so consumes all their property. The consensus on this subject strengthens our view, and we seek success only through Allah." According to al-Manar, the 'ayah "... and to spend your property out of love for Him . . ." [alBaqarah 177] means that one should give the property for the sake of Allah or for the love of giving it. Imam Muhammad 'Abduh's comments are: "The giving of property in excess of the due zakah is considered one of the basic elements of piety (birr) and is enjoined like the prescribed zakah." Whenever the exigency calls for it, sadaqah other than zakah is given. That could be before the completion of the year (hawl) or after the payment of zakah. The contribution is not based on a specific amount of nisab but on the ability to give. Thus, if someone possesses only a loaf of bread and sees a person who is more hard-pressed than himself, he should give it to that person. The hard-pressed person is not the only one who has a right to be satisfied, but Allah has also ordered the believers to give non-prescribed sadaqat to the following: kin, orphans, needy, wayfarers, beggars, and slaves.