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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