Home | Writers | Fatwas | Ask | Latest | Media | Donation | Audio | About Us | Contact | Our Sheikh

EsinHome

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.


The Second Treatise: The Excellence of Fasting in Ramadan and Night Prayers in it, with Important Rulings not known to some People
 

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).
(2)  Tahlil means to recite –  (Lâ ilâhâ illa-Allah: There is no God except Allah).
(3)  Tahmid means to recite – (Alhamdulillah: All praise is to Allah).
(4)  Takbir means to recite –  (Allahu-Akbar: Allah is the Most Great).
(5) Istighfâr means to repent and seek forgiveness before Allah for  the past sins of the repentant person either by reciting the formulae described in Ahadith or with any words in his own language, sincerely and humbly.

Ramadan Team

©  EsinIslam.Com

Add Comments

Home | Writers | Fatwas | Ask | Latest | Media | Donation | Audio | About Us | Contact | Our Sheikh

 

- About Us    - Explorer   - Writers   - Reciters   - Rulings   - Contact Us


الله أكبر::Allah Is Great