Zakat ul-fitr is a type of sadaqah which must be paid by every
Muslim, young and old, male and female, free and slave, at the
end of the month of fasting (Ramadan).
Al-Bukhari and Muslim relate from Ibn 'Umar that he said:
"The Prophet, upon whom be peace, enjoined the payment of
one sa' of dates or one sa' of barley as zakat ul-fitr on
every Muslim, young and old, male and female, free and
slave."
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.
Zakat ul-fitr is incumbent on every free Muslim who
possesses one sa' of dates or barley which is not needed as a
basic food for himself or his family for the duration of one
day and night. Every free Muslim must pay zakat ul-fitr for
himself, his wife, children, and servants.
The required amount of zakat ul-fitr is one sa' of wheat,
barley, raisins, dry cottage cheese (aqit), rice, corn, or
similar items considered as basic foods (qut). Abu Hanifah
made it permissible to set aside, as a zakat ul-fitr, an
equivalent value and also said that if the payer pays in
wheat, one-half of a sa' would be sufficient. Abu Sa'id al-Khudri
reported: "We used to give on behalf of every child, old
person, freeman, and slave during the lifetime of the
Messenger of Allah, upon whom be peace, one sa' of food, or
one sa' of dried cottage cheese, or one sa' of barley, or one
sa' of dates, or one sa' of raisins as zakat ul-fitr. We
continued to do so until Mu'awiyyah came to us to perform
pilgrimage (hajj) or a minor pilgrimage ( 'umrah). He then
addressed the people from the pulpit and said to them: 'I see
that two mudds of wheat of Syria equals one sa' of dates.' The
people accepted that." However, Abu Sa'id contended:
"I would continue to give as I used to give, namely, one
sa' as long as I live." This is related by most hadith
narrators. At-Tirmizhi remarks: "Some of the scholars
gave one sa' from every charitable item [which is accepted as
a sound practice]." Ash-Shaf'i and Ishaq sustain this
view but some other scholars gave one sa' from every
charitable item except wheat, of which only half a sa' would
be sufficient. This is the saying of Sufyan, Ibn al-Mubarak,
and the scholars of Kufah.
The jurists agree that zakat ul-fitr is due at the end of
Ramadan. They differ, however, about the exact time.
Ath-Thauri, Ahmad, Ishaq, and ash-Shaf'i (in his later
opinion), and Malik (in one of his reports) are of the opinion
that it is due at the sunset of the night of breaking the
fast, for this is when the fast of Ramadan ends. Abu Hanifah,
al-Layth, ash-Shaf'i (in his original opinion), and the second
report of Malik say that zakat ulfitr is due at the start of
fajr on the day of 'id.
These two different views acquire relevance if a baby is
born after sunset but before dawn on the day of 'id; the
question then is whether zakat ul-fitr is obligatory for the
baby or not. In accordance with the first view, it is not
since the birth took place after the prescribed time, while
according to the second view, it is due because the birth took
place within the prescribed space of time.
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."
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.'"
Az-Zuhri, Abu Hanifah, Muhammad, and Ibn Shubrumah make it
permissible to give zakat ul-fitr to a zhimmi. Allah, the
Exalted One, says: "Allah allows you to show kindness and
deal justly with those who did not war against you on account
of religion and did not drive you out from your homes. Lo!
Allah loves those who are just" [al-Mumtahanah 8].
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-Tirmizhi 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.
The kin are considered the most deserving people for the
sadaqah gift because of the common blood relationship. When a
man is in need and some of his relatives are rich, naturally
he looks to them for help because they are of one family.
Also, it is natural for a man to feel more sympathy and pain
with his hard-pressed and needy relatives than with strangers.
He is humiliated by their degradation and elevated by their
honor. Therefore, any well-to-do person who cuts off his kin
from assistance and lives in luxury while his relatives are in
a state of misery is devoid of natural feeling or lacks belief
and is far away from goodness or piety. On the other hand, for
one who maintains close links with his kin, his sustenance is
assured and his relationship is of beneficence to his kin.
In the case of orphans whose guardians have died, their
support and upbringing depends on wealthy and well to-do
Muslims so that they will not become a problem to themselves
or other people.
Because they are unable to earn enough to maintain
themselves and have become contented with the little they have
and abstain from begging, it is necessary for the well-to-do
to help them.
In the case of the wayfarer cut off from family and
relatives, as if traveling were his household, consideration
requires kindness for him as well. Thus, to sympathize with
him and help him in his travels is, within the meaning of
Islamic law, an encouragement which invites one to journey
throughout the earth.
In the case of beggars forced to ask people for their
needs, they should be helped. A person may also ask for help
in order to redress another's need. However, the shari'ah does
not approve of begging, except under dire circumstances. Even
then, one should not trespass limits.
The liberation of slaves includes buying and setting them
free, helping contracted slaves (al-mukatabun) pay off their
debts, and helping captives buy their way out of captivity. By
encouraging people to spend out of their wealth on slaves, the
shari 'ah wants to emancipate the latter. Still, as important
as the emancipation of slaves is, in terms of priorities, it
is placed at the end, after the orphans, the needy, the
wayfarer, and the beggar, the reason being that the former
fall under the need for preserving life (which has a higher
value), while the latter falls under the right to freedom (a
lesser value than life).
The legitimacy of giving sadaqah other than that of zakah
is not restricted by a time limit or definite nisab. The
amount designated for expenditure need not be a certain
percentage (for example, a tithe, a one-quarter tithe, or a
one-tenth tithe). It is an open-ended matter that is left to
the beneficence, generosity, and condition of the one who
gives. The protection of a revered (muhtaram) man from
destruction and harm is an obligation upon whoever can help
him, but more than that, it is left unquantified.
People overlook most of the public rights which the Qur'an
supports, for these rights seek to establish an honorable and
just social life. People spend only a smalI amount on the
needy and even less for beggars because they are considered
the least deserving nowadays. This is due to the fact that
beggars have made begging a profession (hirfah), even though
most of them are well-to-do.
Ibn Hazm says: "It is enjoined upon the rich of every
country to support their poor, and the ruler has the authority
to force them to do so. This is called for when the
pre~,cribed zakah or the holdings of other Muslims are not
enough to meet the needs of the poor. In that case, their food
and their clothing to protect them from the elements and the
eyes of the passer-by would be provided by the rich." The
proof for this is in the saying of Allah, the Exalted One:
"Give the kinsman his due, and the needy, and the
wayfarer" [al-Isra' 26]. Allah also says: "[Show]
kindness to parents, to near kin and orphans, to the needy, to
relatives, to neighbors who are not related to you, to fellow
travelers and wayfarers, and [to the slaves] whom your right
hand possesses" [an-Nisa' 36]. Generosity urges support
for the above-mentioned people and forbids harming them.
Referring to the guilty in the life to come, the Qur'an says
that they would ask each other: "What brought you to this
hellfire?" They will answer: "We were not of those
who prayed, nor did we feed the needy" [al-Muddaththir
42-44]. Thus, Allah links feeding the needy with performing
prayers. According to the following hadith, related by
authentic sources, the Messenger of Allah, upon whom be peace,
said: "He who does not have mercy upon people, Allah's
mercy will be kept from him." Anyone upon whom Allah
bestowed His grace and who sees his Muslim brother hungry, in
need of clothes, and miserable, and still does not help him,
he will, indeed, deprive himself of Allah's mercy.
'Uthman an-Nahdi reported that 'Abdurrahman ibn Abi Bakr
as-Siddiq informed him that the companions of as-Saffah were
poor and that the Messenger of Allah, upon whom be peace,
said: "He who has enough food for two, let him invite a
third, and he who has food for four, let him invite a fifth or
a sixth."
It is related from Ibn 'Umar that the Messenger of Allah,
upon whom be peace, said: "A Muslim is a brother of
another, and he should neither do injustice to him nor betray
him." Thus, anyone who lets a needy Muslim go without
food or clothes while, in fact, he is able to feed and clothe
him would have betrayed him. It is related from Abu Sa'id
al-Khudri that the Messenger of Allah, upon whom be peace,
said: "He whose holdings exceed his needs, let him
support the one whose holdings do not, and he whose food
exceeds his needs, let him share it with him who does not have
food." Abu Sa'id al-Khudri says: "Then he mentioned
so many kinds of property that we thought no one of us had the
right to have anything surplus with us." This is the
consensus of the companions, as it was reported by Abu Sa'id
alKhudri. Concerning this tradition, it is reported on the
authority of Abu Musa al-Ash'ari that the Prophet, upon whom
be peace, said: "Feed the hungry, visit the sick, and
ransom the prisoner."
There are many 'ayahs in the Qur'an and numerous sound
hadith on this subject. 'Umar says: "If I were to live
again the past which I have already lived, I would take the
surplus from the rich and distribute it among the poor
immigrants (mujhajirun)." This is considered to be the
most authentic report.
'Ali said: "Allah, the Exalted One, has placed a due
upon the properties of the rich to meet the needs of the poor.
Thus, if the poor go hungry or naked or struggle because of
the neglect of the rich, then Allah will hold them [the rich]
accountable on the Day of Judgment and will punish them."
Ibn 'Umar is reported to have said: "There is a due on
your property other than zakah." It is related from
'Aishah (the mother of the believers), al-Hasan ibn 'Ali, Ibn
'Umar that all of them replied to those who had asked them:
"If you are asked for help in cases of blood money, heavy
debt, or desperate poverty, then it is a must for you to give
them from your holdings."
It was accurately reported by Abu 'Ubaidah ibn al-Jarrah
and 300 companions that (once) when their provisions had run
very low, Abu 'Ubaidah ordered them to collect what was left
and place it into two bags and then allot it to each one
equally. Then he said: "It is not permissible for a
hard-pressed Muslim to eat the meat of a dead animal or a pig
when he can find surplus food from either a Muslim or a
zhimmi. It is an obligation of the one who has food to feed
the hungry." This has the consensus among the companions,
and there are no contrary views concerning it. It was
accurately reported from ashShu'bi, Mujahid, Tawus, and others
that: "There is a due on property other than zakah."
If such is the case, then a hard-pressed person is not forced
to eat the meat of dead animals or pigs. He has the right to
fight for it and, if he is killed, then retaliation by killing
(qawad) will be imposed upon the killer. If the property
holder who prevents him from receiving his due is killed, then
may he have the curse of Allah upon him because he withheld a
right (haqq), and he will be regarded as being among the
unjust.
Allah, the Exalted One, says: "And if one party of
them does wrong to the other, fight those who do wrong until
they return to the ordinance of Allah." Thus, one who
withholds a right is an oppressor of his brother. The latter
is the possessor of that right. On this basis, Abu Bakr
as-Siddiq waged war against those who refused to pay their
zakah.
From the preceding, one can see the degree of compassion
and commiseration that Islam has for the deprived. Islam, in
fact, excels over all other faiths and systems. They are like
weak, sputtering candles when placed next to the bright and
steady light of the sun of Islam.
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