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Zakat (Zakaat): Zakat ul-Fitr: The First Treatise: Important Issues on Zakât - The Second Treatise: Zakat of The Produce of Earth, Like Grains and Fruits, Zakat of The Grazing Animals, Zakat of Gold and Silver, Zakat of Commercial Commodities; Kanzu, Nisab, Sadaqah
EsinIslam
Ramadan
The Awqaf - Living Shariah
In the Name of Allah, the Most Beneficent, the Most Merciful
Praise is to Allah Alone, and peace and
blessings be upon the Prophet and his family and Companions Zakat ul-Fitr
Jurisprudence Of Sunnah (Fiqh us-Sunnah)
::مباحث فقه السنّة
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."
Volume 3, Page 87a: The Purpose of
Zakat ul-Fitr 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.
Volume 3, Page 88: Who Must Pay Zakat
ul-Fitr 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.
Volume 3, Page 88a: The Amount of
Zakat ul-Fitr 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.
Volume 3, Page 88b: When Zakat ul-Fitr
is Due 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.
Volume 3, Page 89: 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."
Volume 3, Page 90: 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.'"
Volume 3, Page 90a: Giving Zakat
ul-Fitr to a Zhimmi 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].
Volume 3, Page 90b: Are There Other
Claims on Wealth Besides Zakah? 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.
Volume 3, Page 92: Kin (zhawi al-Qurba),
recipients of sadaqah 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.
Volume 3, Page 92a: Orphans (wal-yatama),
recipients of sadaqah 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.
Volume 3, Page 92b: The Needy
(wal-masakin), recipients of sadaqah 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.
Volume 3, Page 93: Wayfarere (wab
nisabil), recipients of sadaqah 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.
Volume 3, Page 93a: Beggars
(was-sa'ilin), recipients of sadaqah 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.
Volume 3, Page 93b: Slaves (wa fi
ar-riqab), recipients of sadaqah 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).
Volume 3, Page 93c: Sadaqah other then
Zakat 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.
Jurisprudence Of Sunnah (Fiqh us-Sunnah)
::مباحث فقه السنّة
The First Treatise
Important Issues on Zakât This treatise aims at exhorting and reminding the significance
of the Zakât towards which most of the Muslims are very careless as they
are not particular in giving it out, in spite of the fact that it is one of the
five pillars of Islam and that without it Islam cannot be firmly established.
The Prophet (peace be upon him) said: “Islam is based on five (pillars): To testify that
there is no God except Allah, and Muhammad is the Messenger of Allah; To offer
Salât (prayer); To pay Zakât (obligatory charity); To observe
Saum (fasts during the month of Ramadan) and; To perform Hajj
(pilgrimage to Makkah).”
It is obligatory upon every
Muslim, in possession of wealth, to pay Zakât (obligatory charity). This
Islamic command possesses plenty of advantages of which some are mentioned
below:
1. It meets the needs of the
poor of the society.
2. It strengthens the good
relation between the rich and the poor, as everyone is naturally inclined
towards the one who does good to him.
3. It purifies one’s self
and sanctifies it; and it purges one’s moral of covetousness and miserliness; as
is stated in the Qur’ân: “Take Sadaqa (alms) from their wealth in order to
purify them and sanctify them with it” (9:103).
4. It promotes
open-handedness, generosity and sympathy in a Muslim towards the needy persons.
5. It draws Allah’s
blessing; causes increase in wealth and the replacement of spent out; as Allah
describes: “And whatsoever you spend of anything (in Allah’s
cause), He will replace it. He is the Best of those Who grant Sustenance.”
(34:39).
And also the Prophet (peace be
upon him) has stated in an authentic Hadith that Allah says: “O Children of Adam! If you give (in Allah’s cause),
We shall give you.”
And there are many more
benefits in it.
On the contrary, a severe
punishment would incur upon those who act miserly and are negligent in paying
out the Zakât. Allah describes regarding them: “And those who hoard up gold and silver (Al-Kanz––the
money, the Zakât of which has not been paid), and spend it not in the Way
of Allah,––announce unto them a painful torment. On the Day when that (Al-Kanz:
money, gold and silver, etc., the Zakât of which has not been paid) will
be heated in the fire of Hell and with it will be branded their foreheads, their
flanks, and their backs: (and it will be said unto them): ‘This is the treasure
which you hoarded for yourselves. Now taste of what you used to hoard’.” (9: 34,
35)
The above verses clarify that
the wealth of which Zakât has not been paid, is a hoarded treasure for
which its owner would be punished on the Day of Resurrection. The same has also
been described by the Prophet (peace be upon him) in the following Hadith: “If any owner of gold or silver does not pay what is
due on him, when the Day of Resurrection would come, plates of fire would be
beaten out for him; these would then be heated in the fire of Hell, and his
sides, his forehead and his back would be cauterised with them. Whenever these
cool down, (the process is) repeated during a day the extent of which would be
fifty thousand years, until judgement is pronounced among slaves, and he sees
whether his path is to take him to Paradise or to Hell.”
Then the Prophet (peace be upon him) informed of the owners of the
camels, cows, and goats; who do not pay their Zakât, that they would be
punished on the Day of Judgement.
The Prophet (peace be upon him)
said: “Whoever is made wealthy by Allah and does not pay the
Zakât of his wealth, then on the Day of Resurrection, his wealth will be
made like a bald-headed poisonous male snake with two black spots over the eyes
(or two poisonous glands in its mouth). The snake will encircle his neck and
bite his cheeks and say, ‘I am your wealth, I am your treasure’.”
Then the Prophet (peace be upon
him) recited the noble verse: “And let not those who covetously withhold of that
which Allah has bestowed on them of His Bounty (wealth) think that it is good
for them (and so they do not pay the obligatory Zakât). Nay, it will be
worse for them; the things which they covetously withheld shall be tied to their
necks like a collar on the Day of Resurrection.” (3:180)
Zakât is obligatory
on the following four types of property:
1. The produce of earth,
like grains and fruits.
2. The grazing animals.
3. Gold and silver.
4. Commercial commodities.
For all types of properties,
Nisab (minimum amount of property liable to the payment of Zakât) is
fixed, below which no Zakât would be imposed on them.
The minimum quantity for the
first category i.e. grains, fruits, (wheat, rice, dates, grapes, barley, etc.)
is 5 (five) Wasq and one Wasq (approx. 135 kgs.) is 60 (sixty)
Sâ‘ according to the Sâ‘ of the Prophet, and one Sâ‘ is
equivalent to nearly four times of both handsful of a man of average built.
Moreover, if in cuultivation, irrigation was made through rains or canal
or fountain and like this without any effort, one-tenth of the total produce is
due to be paid as Zakât.
If the field was irrigated by
waterwheels, and other devices for irrigation which involved labour; twentieth
part of the total produce is to be paid as Zakât.
And regarding the Zakât
of animals, detailed study of it may be had from the authentic Ahadith of
the Prophet (peace be upon him) or from scholars of Ahadith, as we
intend in this booklet only a brief account of the subject.
And the minimum amount (Nisâb) of silver for the Zakât to
be due on it, is 140 (one hundred and forty) Mithqâl, which is equivalent
to 56 (fifty-six) Saudi Riyals.
And the Nisâb of gold is
20 (twenty) Mithqâl which is equivalent to 113/7
(eleven and three-seventh) Saudi Junaih or 92 (ninety-two) grams.
Now, the Zakât due on
both gold and silver is one-fortieth (1/40 or 2.5%) of the
total amount (quantity) provided one is in possession of at least the minimum
amount (Nisâb) as mentioned above, of both or any one of them, and a
year has passed over them.
But as regards Zakât on
the benefit derived from the capital (i.e. original amount), the condition of
passing over one year on it, does not apply. The benefit would be included in
the capital (original amount) at the time of calculation for payment of Zakât;
and likewise the new births in grazing animals will be added to the original
number of animals for the payment of Zakât, if the original number
reaches the Nisâb and completes a year without any consideration of time
passed over the new births.
The same ruling, as in gold and
silver, holds good in the case of currency notes, coins or bills also, whether
be it dirham or dinar or dollar or others, provided its value reaches the
minimum amount (Nisâb) of either gold or silver; and a year has passed
over it. When the above conditions are fulfilled, one-fortieth part (1/40
or 2.5%) of the total value would be given out as Zakât.
The same would apply to the
ornaments of the women, made from gold or silver for personal use or lending as
loan, when these reach the Nisâb and one year has passed over them, in
line with the opinions of authentic scholars in the light of Prophet’s saying: “If any owner of gold or silver does not pay the
Zakât due on him, when the Day of Resurrection would come, plates of fire
would be beaten out for him; these would then be heated in the fire of Hell and
his sides, his forehead and his back would be cauterised with them. Whenever
these cool down, (the process is) repeated during a day the extent of which
would be fifty thousand years, until judgement is pronounced among slaves, and
he sees whether his path is to take him to Paradise or to Hell.”
It is narrated that once the
Prophet (peace be upon him) : On seeing a woman with two bracelets of gold in her
hands, asked her whether she gave out the Zakât of it. When she replied
in negative, he (peace be upon him) said, “Would it please you if Allah puts on
you two bracelets made of fire.” On hearing this, she put off these and said,
“These are for Allah and His Messenger.” (Abu Daud, Nasâi)
Also it is narrated by Umm
Salamah (may Allah be pleased with her): While she was wearing an anklet of gold, she asked the
Prophet (peace be upon him) , “O Messenger of Allah! Is it a Kanz (a
hoarded wealth).” The Prophet (peace be upon him) replied, “If it has been
purified (by paying Zakât of it), it is not a Kanz (hoarded
wealth).”
This command is also supported
by other Ahadith.
As regards the Zakât on
commercial commodities, its value would be assessed at the end of one year and
one-fortieth (1/40 or 2.5%) part of the present value
would be given out as Zakât, no matter its present value is equal to the
purchase value or it is more or less. It is in
accordance with the Hadith narrated by
Samurah (may Allah be pleased with him) : “Allah’s Messenger (peace be upon him) enjoined us to
give out Sadaqah (Zakât) from whatever we prepare for sale.” (Abu
Daud)
This includes lands for sale,
buildings, cars, machinery for deriving water or any other article obtained for
sale.
As for buildings constructed
for rent but not for sale, Zakât should be paid on the rent after a year
passes over it; but the building itself is not liable for Zakât as it is
not an item for sale. Likewise, personal cars and those for hire are not liable
for Zakât since they are not meant for sale as the owner has purchased it
for his use. And if the owner of the rental cars accumulates the returns up to
the amount that is liable for Zakât, then he should pay Zakât if
one year passes over such money whether he had kept it for personal expenses, or
for expenses in marriage, or for such as settling debts or buying real estate or
for any other purpose; this is in accordance with the evidence of Shariah
on the obligation of Zakât. According to the authentic views of scholars,
debt can not be an excuse for nonpayment of Zakât.
Similar is the case for the
wealth or money of orphans and mentally retarded people; when it reaches the
Nisâb and a year passes over it the Zakât must be paid, and their
guardians should give out the Zakât on their behalf when a year passes
over the goods. According to the Hadith narrated by Mu‘adh, when he was
sent to Yemen, the Prophet (peace be upon him) told him: “Verily Allah imposes upon them Sadaqah (alms)
on their wealth to be taken from the rich and then given to the poor.”
Zakât is Allah’s right
and so it is not allowed to give it to someone not deserving with the intention
to gain his favour; nor a person, who doesn’t deserve it, is allowed to use it
for making gains or saving himself from harm. Rather a Muslim should give out
Zakât to those who deserve it on grounds that they are among the people
entitled to it and not with any other intention; it should be given out with
good faith and solely to please Allah and in this way he will get Allah’s reward
and replacement.
Allah categorizes those who
deserve Zakât in His Noble Qur’ân: “As-Sadaqat (here it means Zakât) are
only for the Fuqara (poor), and Al-Masakin (the poor) and those
employed to collect (the funds) and for to attract the hearts of those who have
been inclined (towards Islam); and to free the captives; and for those in debts;
and for Allah’s cause (i.e. for Mujahidun––those fighting in the holy
battles) and for the wayfarer (a traveller who is cut off from everything); a
duty imposed by Allah. And Allah is All-Knowing, All-Wise.” (9:60)
From this glorious verse ending
with the two great attributes of Allah (Subhanahu wa ta’ala) we get the warning
that He, Allah (Subhanahu wa ta’ala) is aware of the state of His slaves and of
those among them who deserve or do not deserve Zakât. In this verse Allah
further tells us that He is Wise in His Shariah and so he does not put
anything except in the right position; and hence if anything about His
Shariah is not clear to anyone, even then he should be satisfied with it and
obey its commands.
May Allah grant us knowledge in
His religion and sincerity in implementing it, and help us in the performing of
deeds leading to His Pleasure, and save from the deeds leading to His Anger.
Verily, He is All-Hearer and Nearer. May Allah bless His slave and His Messenger
and his family and his Companions.
In the Name of Allâh, the Most Beneficent, the Most Merciful
From Abdul Aziz bin Abdullah bin Baz
to the Muslims.
May Allah guide me and them to the
path of the believers, and grant me and them knowledge of the Qur’ân and the
Sunnah. Ameen!
Assalamu Alaikum wa Rahmatullahi wa
Barakatuhu.
The Second Treatise
The Excellence of Fasting in Ramadan and Night
Prayers in it, with Important Rulings not known to some People
Then after: This is a brief
exhortation on the excellence of fasting in the month of Ramadan and getting up
at nights for worship during it, as well as the benefit of competing in it in
good deeds; besides, there is also an elaboration of certain vital rules of this
fasting that might not have come in the knowledge of some people.
It is an established fact that
Allah’s Messenger (peace be upon him) used to inform his Companions about the
commencement of Ramadan and he (peace be upon him) also used to tell them that
the month of Ramadan is a month in which the doors of Rahmah (grace) and
doors of Jannah (Paradise) are opened; while doors of Jahannam
(Hell) are closed; and during that period the devils are tied. The Prophet
(peace be upon him) said: “When it is the first night of Ramadan, the doors of
Jannah (Paradise) are opened and none of them is closed; and the doors of
Jahannam (Hell) are closed and none of them is opened; the devils are
tethered; and a caller calls saying: ‘O those who seek righteousness, get
closer; O those who seek evil, be you at a loss; it is upon Allah to bar (Hell)
fire,’ and that will happen every night of Ramadan.”
The Prophet (peace be upon
him) also said: “Ramadan has come to you, the month of Barakah
(blessings); Allah covers you during the month, descends Rahmah (grace),
removes sins and answers the invocations. Allah sees (in this month) your
competitions (for good deeds) and so He boasts to the angels about you. Show
Allah what is better (than this) by yourselves; verily the wretched are those
debarred from Allah’s Rahmah (grace)”.
And the Messenger (peace be
upon him) said: “Whoever fasts in Ramadan with firm belief and
expecting reward on it, his previous sins are forgiven; and whoever gets up in
the nights of Ramadan to worship, with firm belief and expecting reward on it,
his previous sins are forgiven; and whoever gets up at nights of Qadr
during Ramadan with firm belief and expecting reward on it, his previous sins
are forgiven.”
The Messenger (peace be upon
him) said that Allah says: “All the deeds of Adam’s sons (people) are for them,
and the reward of good deeds is multiplied ten times to seven hundred times,
except Saum (fasting) which is for Me. And I will give the reward for it.
He has left his food, drink and desires for My sake; there are two pleasures for
the person observing Saum, one at the time of breaking his Saum
and the other at the time when he will meet his Lord, and the smell coming out
from the mouth of a person observing Saum is better with Allah than the
aroma of musk.”
There are various Ahadith
on the benefits of fasting in Ramadan and worshipping at nights therein.
So a believer should seize this
opportunity in which Allah has bestowed grace upon the believers. So they should
aspire to obey Allah, shun bad deeds and should work hard in performing what
Allah has made obligatory on them, particularly offering the five prayers, for,
these are the pillars of Islam and the foremost obligation after the two
testimonies. It is therefore an obligation upon Muslims (male or female) to
establish them and perform them in their right times with submissiveness and
composure.
Among the most important
obligations regarding prayers (Salât) upon men is performing them in
congregation in the houses of Allah (Masjid) in which Allah has enjoined
that His Name be remembered; as He says in His Noble Book: “And offer prayers perfectly (Iqamat-as-Salât)
and give Zakât and Irka‘ (i.e. bow down or submit yourselves with
obedience to Allah) along with Ar-Raki‘in.” (2:43)
Allah also says: “Guard strictly the (five obligatory) prayers
especially the middle (i.e. the best) (Asr) prayer. And stand before
Allah with obedience (and do not speak to others during prayers).” (2:238)
And He said: “Successfull indeed are the believers. Those who offer
their prayers with all solemnity and full submissiveness.” (23:1, 2)
He also said: “And those who strictly guard their (five compulsory
congregational) prayers (at their fixed stated hours). These are indeed the
inheritors who shall inherit Firdaus (Paradise). They shall dwell therein
forever.” (23: 9-11)
The Prophet (peace be upon
him) said: “The difference between us (Muslims) and them (Kuffar)
is prayers and whosoever leaves prayer is disobedient (infidel).”
Next to Salât (prayers)
in importance is to pay Zakât, as Allah says:
“And they were
commanded not, but that they should worship Allah, and worship none but Him
Alone (abstaining from ascribing partners to Him), and offer prayers perfectly (Iqâmat-as-Salât)
and give Zakât and that is the right religion.” (98:5)
Allah further says: “And offer prayers perfectly (Iqâmat-as-Salât),
and give Zakât and obey the Messenger (Muhammad (peace be upon him) )
that you may receive mercy (from Allah).” (24:56)
The Qur’ân and the Sunnah
of the Messenger (peace be upon him) have described that whoever does not pay
Zakât over his wealth, shall be punished on the Day of Resurrection.
The most important issue in
Islam after prayers and Zakât, is fasting during Ramadan which is one of
the five pillars of Islam as mentioned in the Hadith of the Prophet
(peace be upon him) : “Islam is based on five (pillars): To testify that
there is no God except Allah, and Muhammad is the Messenger of Allah; To offer
Salât (prayer); To pay Zakât (obligatory charity); To observe
Saum (fasts during the month of Ramadan) and; To perform Hajj
(pilgrimage to Makkah).”
A Muslim should protect his/her
fasting and waking up for worship at nights, from all that Allah has forbidden,
be it in deeds or in uttering, because the purpose of fasting is to obey Allah (Subhanahu
wa ta’ala) and glorify His sanctities and fight the self against its desires in
obeying his Lord, and get the self accustomed to abstaining from what Allah has
forbidden, as the fasting does not mean merely abstaining from eating and
drinking the things that break fast. In this sense Allah’s Messenger (peace be
upon him) has also said in an authentic Hadith: “Fasting is shield; so when it is a day of fasting one
should not indulge in obscene behaviour or glamour, or shout about; if any one
quarrels with him or engages him in fight, he should say: ‘I am fasting’.”
The Prophet (peace be upon
him) further said in an authentic Hadith: “Whosoever doesn’t abstain from false utterings,
obscene deeds and absurd acts, Allah does not care for his abstaining from
eating and drinking.”
What we learn from all the
above reports and from various others, is that it is a must for a fasting person
to abstain from all that Allah has forbidden and strictly guard and observe what
Allah has made compulsory for him to do. Then, in this way he will get
forgiveness, protection from the Fire, and acceptance of his fasting and
Qiyam (i.e. night prayers).
There are other issues which
may be not clear or unknown to the people
One of them is: a person should
fast with firm belief and intention of reward; and not as a show-off or for
reputation, or in imitation of other people; rather he should fast on the basis
of his belief that Allah has made it obligatory for him to fast, and in hope of
reward from Allah. Likewise, passing the night in prayer should be done with
full confidence and in the hope of reward for it; and not for any other reason.
In this sense, the Prophet (peace be upon him) said: “Whoever fasts in Ramadan with firm belief and hope of
reward, gets his past sins forgiven. And whoever stood for prayer at night with
firm belief and in hope of reward, gets his past sins forgiven; and whoever
stood for prayer at the nights of Qadr (Decree) with firm belief and in
hope of reward, gets his past sins forgiven.”
There are certain problems
which some people face during their fasting like being wounded, or
nose-bleeding, or vomiting or devouring water or petrol through his throat
unintentionally; all these things do not vitiate fasting: and whoever vomits
intentionally will vitiate his fasting: this is in line with the Hadith: “Whoever vomits unintentionally, his fast is not
disrupted, but whoever vomits intentionally, his fast is disrupted and he has to
make it up.”
The person who is Junub (impure after sexual intercourse) and has
delayed taking bath up to dawn, should observe fast. Similarly, the woman whose
menstrual or labour bleeding has ceased to come before dawn and she delays in
taking bath up to the dawn, she should also observe fast. The delay in taking
bath up to the dawn to purify oneself from cultic impurity, is not prohibitive
for fasting. However, one (he or she) should not delay oneself from purification
up to sunrise; rather one (he or she) should purify oneself and pray Fajr
Salât before sunrise.
Moreover, a man should be prompt enough in this regard so that he may
join the congregation for Fajr Salât.
Among the things which do not
disrupt fasting are: blood analysis and injection, if it (the injection) is not
intended for (intravenous) feeding or nourishment. However, if possible, it is
better to delay it (i.e. injection) till night. The Prophet (peace be upon him)
said: “Leave whatever you doubt in, for that in which you do
not doubt.”
And the Prophet (peace be upon
him) also said: “Whoever guards himself against suspicion, saves his
Faith and honour.”
Furthermore, among the issues
regarding which the people are negligent is the composure in Salât
(prayers), be it the obligatory prayers or supererogatory ones: there are
authentic Ahadith which prove that composure is one of the pillars of
prayers and a prayer is not perfect without it. The composure consists in
calmness and solemnity in Salât and not to make hurry in the postures of
Salât till the vertebral columns are set right. Many a people pray in
Tarawih prayer in a manner that they do not understand it nor are they
tranquil in it. They actually move hurriedly back and forth like pecking. Such
prayer is imperfect and the person praying does not get reward for it.
Another point regarding which people have misconception is the number of
Raka‘at for Tarawih prayer: some people think, it is not proper to
perform Tarawih prayer less than twenty Rak‘a; others think, it
should not go beyond eleven or thirteen Rak‘a. All these are mere
thoughts or guessworks on wrong premise; actually they are all mistakes that
contravene all the proven facts.
There are Sahih Ahadith
of Allah’s Messenger (peace be upon him) to the effect that the night prayer is
unlimited and hence no limitation as to the Rak‘a‘, can be imposed upon
it. Rather it is proven that the Prophet (peace be upon him) used to pray at
times 11 Rak‘a, at times 13 Rak‘a, and at times he prayed less
than these during Ramadan and also in other days. When he (the Prophet (peace be
upon him) ) was asked about the prayers at night he answered: “The night prayer should be offered by twos; and when
one is afraid of approaching the dawn, he should pray one Rak‘a; it will
be the Witr for all the Rak‘a prayed before.” (Al-Bukhari,
Muslim)
So the Prophet (peace be upon
him) actually did not limit the Rak‘a for the night prayer, neither in
Ramadan nor in any other period of the year; so on this basis the Companions
(may Allah be pleased with them) in the period of Umar (may Allah be pleased
with him) used to pray at times 23 (twenty-three) Rak‘a or at times 11
(eleven). And all these are proved from Umar (may Allah be pleased with him) and
the Companions in his lifetime.
And also some of the Salaf
(pious predecessors) used to pray in Ramadan, 36 Rak‘a and 3 Rak‘a
as Witr as well, and some others prayed 41. This fact was mentioned
by Sheikh-ul-Islam Ibn Taimiyah (may Allah have mercy on him) and also by other
learned people. Ibn Taimiyah also mentioned that the issue contains wide scope:
it is better to reduce the number of Rak‘a for the one who prolongs the
recitation, bowing (Ruku‘) and prostration; and for the one who shortens
the recitation, bowing and prostration, it is better to increase the number of
Rak‘a.
According to the Prophet’s
practice it is better to pray either eleven or thirteen Rak‘a either in
Ramadan or in other days, since these are the numbers of Rak‘a the
Prophet (peace be upon him) performed most of the times, and because it is most
convenient for the performers of prayers and it carries solemnity and
tranquillity; and whoever exceeds this number, is not liable to be objected or
blamed. Again, it is better for the one who prays with the Imam, not to
leave him until he finishes the prayer and this is in line with the Hadith
of the Prophet (peace be upon him) : “Verily, if a man stands with the Imam during
Tarawih prayer till the Imam finishes the prayer, he will get the
reward of standing whole night in prayer.”
It is desirable for all Muslims
to strive during this holy month of Ramadan with all kinds of worship like
supererogatory prayers, reciting Qur’ân with meditation and understanding; most
frequently reciting Tasbih,(1) Tahlil,(2) Tahmid,(3) Takbir,(4) Istighfar,(5)
and other supplications as mentioned in Shari‘ah. A Muslim should also
enjoin others for good deeds and prevent from forbidden acts; and also call upon
people to Allah. He should also be more sympathetical to the poor and needy
persons and strive to do good to the parents, and relatives; render hospitality
to neighbours and attend the patients etc. This is in line with the already
mentioned Hadith of the Prophet (peace be upon him) : “...Allah sees (in this month) your competitions (for
good deeds) and so He boasts to the angels about you: Show Allah what is better
(than this) by yourselves; verily, the wretched are those debarred from Allah’s
Rahmah (Grace).”
The Prophet (peace be upon
him) is reported to have said:
“Whoever wants the
approachment of Allah in this month (Ramadan) by any of his good deeds is like
the one who performs obligatory prayer in other months. And whoever performs an
obligatory prayer in this month is like the one who performs seventy obligatory
prayers in other months.”
The Prophet (peace be upon
him) also said: “Umrah in Ramadan is like Hajj”–– or he
said ––“like Hajj with me.”
There are numerous Ahadith
and traditions which prove the legitimacy of competing and contesting in the
various forms of good deeds in the month of Ramadan.
And He is the Watccher; may He guide us and all the Muslims to all the
deeds which lead to His Pleasure, and accept our fastings and night prayers, and
set right our state of affairs, improve our conditions and protect us from all
kinds of trials and afflictions. As we ask Him for the righteousness in our
rulers, and to gather them on Truth, and for it He is the Guardian and the
Powerful.
Wassalamu Alaikum wa
Rahmatullahi wa Barakatuhu.
(1) Tasbih means to
recite – (Subhân Allah: Allah is glorified).
Ramadan Team
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