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Musa Amadu Pembo <[log in to unmask]>
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Mon, 24 Nov 2003 09:15:14 +0000
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Zakaat al-Fitr

Praise be to Allaah.

Definition

Zakaat al-Fitr is a kind of charity (sadaqah) that is
obligatory at the time of breaking the fast of Ramadaan.
The word zakaat is connected by idaafah (genitive structure
in Arabic grammar) to fitr because the occasion of breaking
the fast is the reason why this zakaat becomes obligatory.

Reasons for zakaat al-fitr and what Islam says about it

Ibn ‘Abbaas said: “The Messenger of Allaah  (peace and
blessings of Allaah be upon him) made zakaat al-fitr
obligatory as a means of purifying the fasting person from
idle talk and foul language, and to feed the poor. Whoever
pays it before the prayer, it is an accepted zakaat, and
whoever pays it after the prayer, it is just a kind of
charity (sadaqah).” (Reported by Abu Dawood, 1371.
Al-Nawawi said: Abu Dawood reported it from Ibn ‘Abbaas
with a hasan isnaad).

“Purifying” means purifying the soul of the one who has
fasted Ramadaan. With regard to the word “foul language”,
Ibn al-Atheer said: “ ‘Foul language’ refers to obscene
speech. ‘Feeding [the poor]’ refers to food that is edible.
‘Whoever pays it before the prayer’ means before Salaat
al-‘Eid. ‘It is an accepted zakaat’ – here zakaat means
sadaqat al-fitr. ‘Just a kind of charity’ means a kind of
charity that could be given at any time.” (‘Awn al-Ma’bood
Sharh Abi Dawood).

It was said that this is what was meant by the aayah in
Soorat al-A’laa (interpretation of the meaning): “But those
will prosper who purify themselves, and glorify the name of
their Guardian-Lord, and (lift their hearts) in Prayer.”
[al-A’laa 87:14-15 – Yusuf Ali’s translation]. It was
reported that ‘Umar ibn ‘Abd al-‘Azeez and Abu’l-‘Aaliyah
said: “He [the Prophet  (peace and blessings of Allaah be
upon him)] paid zakaat al-fitr then he went out for the
prayer – i.e., Salaat al-‘Eid. (Al-Jassaas, Ahkaam
al-Qur’aan, part 3, Soorat al-A’laa).

Wakee’ ibn al-Jarraah said: “Zakaat al-fitr for the month
of Ramadaan is like two sajdahs of sahw for the prayer. It
makes up for any shortcomings in the fast as the
prostrations make up for any shortcomings in the prayer.”
(Al-Nawawi, al-Majmoo’, part 6).

Rulings on zakaat al-fitr

The correct view is that it is fard (obligatory), because
Ibn ‘Umar said: “The Messenger of Allaah  (peace and
blessings of Allaah be upon him) made zakaat al-fitr
obligatory,” and because of the consensus of the scholars
(ijmaa’) that it is fard. (Al-Mughni, part 2, Baab Sadaqat
al-Fitr).

When it has to be given

It becomes obligatory when the sun sets on the last day of
Ramadaan. Anyone who gets married, has a baby born to him
or becomes Muslim before the sun sets on that day, has to
give zakaat al-fitr [on behalf of himself and/or his new
wife or new baby], but if that happens after sunset, he
does not have to give it… Whoever dies after sunset on the
night of fitr, sadaqat al-fitr must be given on his behalf.
This is what Ahmad stated.” (Al-Mughni, part 2, Fasl Waqt
Wujoob Zakaat al-Fitr).

Who is obliged to pay it?

Zakaat al-fitr is obligatory on Muslims. Ibn ‘Umar (may
Allaah be pleased with him) said: “The Messenger of Allaah
(peace and blessings of Allaah be upon him) made zakaat
al-fitr, one saa’ of dates or one saa’ of barley,
obligatory on the Muslims, slave and free, male and female,
young and old.” (Al-Bukhaari, 1407)

Al-Shaafa'i (may Allaah have mercy on him) said: “The
hadeeth of Naafi’ indicates that the Messenger of Allaah
(peace and blessings of Allaah be upon him) made it
obligatory only on the Muslims, which is in accordance with
the Book of Allaah, may He be glorified, because He has
made zakaat as a purification for the Muslims, and
purification can only be for the Muslims.” (Al-Umm, part2,
Baab Zakaat al-Fitr).

It is obligatory on those who are able to pay it.
Al-Shaafa'i said: “Everyone who, at the beginning of
Shawwaal, has enough food for himself and those whom he is
supporting, for that day, and has enough to give zakaat
al-fitr on behalf of them and himself, should give it on
behalf of them and himself. If he only has enough to give
on behalf of some of them, then he should give on behalf of
some of them. If he only has enough for himself and those
whom he is supporting, then he is not obliged to give
zakaat al-fitr on his own behalf or on behalf of those whom
he is supporting.” (Al-Umm, part 2, Baab Zakaat al-Fitr).

Al-Nawawi (may Allaah have mercy on him) said: “The one who
is in financial difficulty is not obliged to give [zakaat
al-fitr]; there is no difference among the scholars in this
regard… The obligation is determined by whether or not a
person can afford it. Whoever has one saa’ more than he
needs for himself and those whom he is obliged to support
on the night and day of Eid, has enough [is not in
financial difficulty]. Whoever does not have anything more
than he needs is in financial difficulty, so he is not
obliged to pay anything in this case. (Al-Majmoo’, part 6,
Shuroot Wujoob Sadaqat al-Fitr).

The Muslim should give on his own behalf and on behalf of
those on whom he spends, such as wives and relatives, if
they cannot give it on their own behalf. If they are able
to, it is better for them to give it themselves, because
the command is addressed to them in the first place.

Ibn ‘Umar (may Allaah be pleased with him) said: “The
Messenger of Allaah  (peace and blessings of Allaah be upon
him) made zakaat al-fitr, one saa’ of dates or one saa’ of
barley, obligatory on the Muslims, slave and free, male and
female, young and old, and commanded that it should be
given before the people went out to pray.” (Al-Bukhaari,
1407)

Al-Shaafa'i (may Allaah have mercy on him) said: “The
guardian of the insane and the minor should give zakaat
al-fitr on their behalf and on behalf of those for whom
they [the insane and minor] may be responsible, just as the
sane person should give on his own behalf… If there is a
kaafir among those whom he is supporting, he does not have
to give zakaat al-fitr on his behalf, because he cannot be
purified by zakaah.” (Al-Umm, part 2, Baab Zakaat al-Fitr).

The author of al-Muhadhdhab said: “Al-Musannif (may Allaah
have mercy on him) said: ‘If someone has to pay zakaat
al-fitr on his own behalf and on behalf of those whom he is
supporting, if they are Muslim and if has more than he
needs to spend on them that he can give, then the mother
and father, and grandparents and great-grandparents, etc.,
may have to pay zakaat al-fitr on behalf of their children
and grandchildren and great-grandchildren, etc., and the
children may have to pay zakaat al-fitr on behalf of their
parents and grandparents and great-grandparents, etc., – if
they are obliged to spend on their maintenance. (Al-Majma’,
part 6).

A man has to pay on behalf of himself and his wife – even
if she has money of her own – and his children and parents
if they are poor, and his daughter if she is married but
the marriage has not yet been consummated. If his son is
rich, he does not have to give zakaat al-fitr on his
behalf. A husband has to give zakaat al-fitr on behalf of a
divorced wife whose divorce (talaaq) is not yet final
(i.e., she is still in the ‘iddah of a first or second
talaaq), but not in the case of a rebellious wife or one
whose divorce is final. A son does not have to give zakaat
al-fitr on behalf of a poor father’s wife because he is not
obliged to spend on her.

[When giving zakaat al-fitr], one should start with the
closest people first, so he gives it on behalf of himself,
then his wife, then his children, then the rest of his
relatives in order of closeness, following the pattern laid
out in the rules governing inheritance.

Al-Shaafa'i, may Allaah have mercy on him, said: “Who I say
is obliged to give zakaat al-fitr, if a child is born to
him, or he takes possession of a slave, or someone becomes
one of his dependents, at any time during the last day of
Ramadaan, then the suns sets on the night of the crescent
of Shawwaal, he has to give zakaat al-fitr on that person’s
behalf.” (Al-Umm, Baab Zakaat al-Fitr al-Thaani).

It is not obligatory to give zakaat al-fitr on behalf of a
foetus that is still in the mother’s womb, but if this is
done voluntarily, there is nothing wrong with it.

If someone who is obliged to give zakaat al-fitr dies
before giving it, it must be given from his estate… even if
the person who was supporting him also dies, the obligation
still stands. (Al-Mughni, part 2).

If a servant has set wages that are paid to him daily or
monthly, the employer does not have to give zakaat al-fitr
on his behalf, because he is a hired worker, and one is not
obliged to spend on a hired worker. (al-Mawsoo’ah, 23/339).

Concerning giving zakaat al-fitr on behalf of an orphan,
Imaam Maalik (may Allaah have mercy on him) said: “The
guardian should give zakaat al-fitr on behalf of the
orphans some of whose wealth is under his control, even if
they are minors.” (Al-Mudawwanah, part 1).

Amount of zakaat al-fitr

The amount to be given is one saa’ of food, according to
the measure of saa’ used by the Prophet  (peace and
blessings of Allaah be upon him), because of the following
hadeeth.

- Abu Sa’eed al-Khudri (may Allaah be pleased with him)
said: “At the time of the Prophet  (peace and blessings of
Allaah be upon him) we used to give it in the form of a
saa’ of food…” (Reported by al-Bukhaari, 1412).

The weight of the saa’ [which is a measure of volume]
varies according to the type of food concerned, so when
giving zakaat al-fitr by weight, one must make sure that
what is given is equivalent to a saa’ of that type of food.
A saa’ is approximately equivalent to three kilograms of
rice.

Types of things that may be given

What should be given is food for human consumption, such as
dates, wheat, rice or other kinds of food that humans eat.
It is reported in al-Saheehayn from Ibn ‘Umar (may Allaah
be pleased with them both) that the Messenger of Allaah
(peace and blessings of Allaah be upon him) made zakaat
al-fitr, one saa’ of dates or one saa’ of barley,
obligatory on the Muslims, slave and free, male and
female,. (At that time, barley was one of the foods they
ate). (Al-Bukhaari, 1408)

Abu Sa’eed al-Khudri (may Allaah be pleased with him) said:
“At the time of the Messenger of Allaah  (peace and
blessings of Allaah be upon him), we used to give a saa’ of
food on the day of Fitr.” Abu Sa’eed said: “And our food
was barley, raisins, aqit (dried yoghurt) and dates.”
(Reported by al-Bukhaari, 1408).

It should be given in the form of the staple food that is
used locally, whether it is wheat, rice, dates or lentils…

Al-Shaafa'i (may Allaah have mercy on him) said: “If the
staple food of a people is corn, pearl millet (dukhn),
thin-husked barley (sult), rice or any grain on which
zakaat is obligatory, then they may give it as zakaat
al-fitr. (Al-Shaafa'i, al-Umm, part 2, Baab al-Rajul
yakhtalifu qootuhu)

Al-Nawawi (may Allaah have mercy on him) said: “Our
companions said: ‘It is a condition of giving something as
zakaat al-fitr that it should be one of the foodstuffs on
which zakaat is paid at the rate of one-tenth (i.e., zakaah
of grains and fruits). Nothing else is acceptable except
aqit (dried yoghurt), cheese and milk.’”

Al-Maawardi said: “This is the case even though some of the
people who live on islands and others have fish or eggs as
their staple food; these are not acceptable (as zakaat
al-fitr) and there is no difference (among the scholars
concerning this). As regards meat, the correct view is that
stated by al-Shaafa'i and confirmed by al-Musannif and the
companions in all that was narrated from them: that it is
not acceptable (as zakaat al-fitr), and this is the
unanimous view (of the scholars)… Our companions said:
‘This is the case even if their staple food is fruits on
which they do not have to give one-tenth as zakaat, such as
figs etc. These are not acceptable (as zakaat al-fitr) at
all.” (Al-Majmoo’, part 6: al-Waajib fi Zakaat al-Fitr).

Ibn al-Qayyim (may Allaah have mercy on him) said: “If it
was said, ‘You must give a saa’ of dates everywhere,
whether it is the staple food or not,’ this is a disputed
matter which is subject to ijtihaad. There are some people
who say that it is obligatory, and others who say that in
each country it is obligatory to give a saa’ of whatever is
the staple food there, as the Prophet  (peace and blessings
of Allaah be upon him) specified five types of food for
zakaat al-fitr, so in each country they can give the
equivalent of a saa’ of their staple food. This is more
correct, and is closer to the principles of sharee’ah, for
how can you make it obligatory for people whose staple food
is fish, for example, or rice or pearl millet, to give
dates? … And Allaah is the Source of strength. (I’laam
al-Muwaqqa’een, part 2, al-Qiyaas).

It is permissible to give pasta (“macaroni”) that is made
from wheat, but one must make certain that the weight is
equivalent to the weight of a saa’ of wheat.

As for giving zakaat al-fitr in the form of money, this is
not permissible at all, because the Prophet  (peace and
blessings of Allaah be upon him) said that it must be given
in the form of food, not money. He clearly stated that it
is to be given in the form of food, so it is not
permissible to give it in any other form and Islam wants it
to be given openly, not secretly. The Sahaabah gave zakaat
al-fitr in the form of food, and we should follow, not
innovate. The giving of zakaat al-fitr in the form of food
is regulated by the measure of saa’, and if it were to be
given in the form of money, it could not be regulated in
this manner: according to the price of what would it be
worked out and given? There are obvious benefits to giving
it in the form of staple foods, such as at times when
businessmen are hoarding certain goods, prices have gone
up, or at times of war and inflation. If someone were to
say, “But money is more useful for the poor, because then
they can buy what they want, and they might need something
other than food, so the poor person might sell the food and
lose money.” The response to this is that there are other
sources for meeting the needs of the poor with regard to
shelter, clothing and so on, which are provided for from
the zakaat paid on people’s wealth (zakaat al-maal),
general charity and other kinds of donations. Let us put
things into the proper Islamic perspective and adhere to
what was set out by the Prophet  (peace and blessings of
Allaah be upon him), who told us that giving a saa’ of food
to feed the poor is obligatory. If we give food to a poor
person, he will eat it and will benefit from it sooner or
later, because it is the kind of food he uses anyway.

On this basis, it is not permissible, for the purposes of
zakaat al-fitr, to give money for a person to pay off his
debts or to cover the cost of surgery for a sick person or
to pay for tuition for a needy student and so on. There are
other sources for this kind of help, as stated above.

The time for giving zakaat al-fitr

It should be given before the Eid prayer, as is stated in
the hadeeth that the Prophet  (peace and blessings of
Allaah be upon him) “commanded that it should be given
before the people went out to pray.” (Al-Bukhaari, 1407).

There is a time when it is mustahabb (preferable) to give
it and a time when it is permissible to give it.

The time when it is mustahabb to give it is on the day of
Eid, because of the hadeeth quoted above. For this reason
it is Sunnah to delay the Eid prayer on Eid al-Fitr so as
to allow enough time for those who have to give zakaat
al-fitr to do so, and to have breakfast before coming out.
On the other hand, it is Sunnah to hasten the Eid prayers
on Eid al-Adhaa so that the people can go and offer their
sacrifices and eat from them.

The time when it is permissible to give zakaat al-fitr is
one or two days before Eid. In Saheeh al-Bukhaari it is
reported that Naafi’ said: “Ibn ‘Umar used to give on
behalf of the young and the old, and he even used to give
on behalf of my sons. He would give to those who took it,
and it would be given a day or two before (Eid) al-Fitr.”

(“Those who took it” refers to those who were appointed by
the imaam to collect the sadaqat al-fitr).

Naafi’ said: “Ibn ‘Umar used to send zakaat al-fitr to the
one who was collecting it two or three days before (‘Eid)
al-Fitr.” (al-Mudawwanah, part 1, Baab Ta’jeel al-Zakaah
qabla huloolihaa).

It is disliked (makrooh) to delay giving it until after
Salaat al-‘Eid; some scholars said that this is haraam and
is counted as qadaa’ (making up a duty that has not been
performed on time), on the basis of the hadeeth, “Whoever
pays it before the prayer, it is an accepted zakaat, and
whoever pays it after the prayer, it is just a kind of
charity.” (Reported by Abu Dawood, 1371).

It says in ‘Awn al-Ma’bood Sharh Abi Dawood: “Obviously,
the one who gives zakaat al-fitr after the prayer is like
one who did not give it, because they have in common the
fact that they did not give this obligatory charity. Most
of the scholars think that giving it before Salaat al-‘Eid
is only mustahabb, and they confirmed that it is OK to give
it at any time until the end of the day of Fitr, but this
opinion is refuted by the hadeeth. With regard to delaying
it until after the day of Eid, Ibn Ruslaan said: “This is
haraam by consensus, because it is zakaah, so the one who
delays it must be committing a sin, as is the case when one
delays a prayer.”

So it is haraam to delay giving it for no good reason,
because this defeats the purpose, which is to save the poor
from having to ask on the day of joy. If a person delays
giving it with no excuse, he has committed a sin but he
still has to make it up.

Zakaat al-fitr has to be handed over to someone who is
entitled to it or someone who has been appointed to collect
it, at the right time before the Eid prayer. If a man wants
to give it to a particular person, but cannot find him or a
trustee who can accept it on his behalf, and he is afraid
that time is running out, he has to give it to another
entitled person, and not delay giving it. If a person wants
to give his zakaat al-fitr to a specific needy person, and
is afraid that he may not see him at the appropriate time,
he should tell him to appoint someone to accept it on his
behalf, or to appoint him (the giver) to take it from
himself on his behalf. Then when the time comes, he can
take it to him in a bag or whatever, or keep it for him as
a trust until he sees him.

If the one who wants to give zakaat appoints someone else
to give it on his behalf, he is still responsible for it
until he is certain that his deputy has carried out his
instructions. (Majaalis Shahr Ramadaan: Ahkaam Zakaat
al-Fitr, by Shaykh Ibn ‘Uthaymeen).

To whom it may be given

Zakaat al-Fitr may be given to the eight categories of
people to whom zakaat al-maal may be given. This is the
opinion of the majority. According to the Maalikis, one of
the opinions of Ahmad and the opinion of Ibn Taymiyyah, it
should be given exclusively to the poor and needy.

(Al-Shaafa'i said): “Zakaat al-fitr should be divided among
those among whom zakaat al-maal is divided, and it should
not be spent anywhere else… It should be shared out among
the poor and needy, slaves who have made a contract to
purchase their freedom from their masters, debtors, those
who are fighting in the way of Allaah, and wayfarers.
(Kitaab al-Umm: Baab Day’ah Zakaat al-Fitr qabla Qasmihaa)

Al-Nawawi (may Allaah have mercy on him) said, after
quoting the hadeeth of Ibn ‘Abbaas (may Allaah be pleased
with him) that the Prophet  (peace and blessings of Allaah
be upon him) said to Mu’aadh (may Allaah be pleased with
him): “Tell them that they have to give sadaqah (charity)
that is to be taken from their wealth and given to the
poor”: “It is not permissible to give any part of zakaah to
a kaafir, whether it is zakaat al-fitr or zakaat al-maal…
Maalik, al-Layth, Ahmad and Abu Thawr said: ‘They (i.e.,
kaafirs) should not be given it.’”

Zakaah should be given to the poor, those who have
overwhelming debts, and those whose salaries are not enough
to last until the end of the month, in accordance with the
level of their needs.

It is not permissible for the one who gives zakaat al-fitr
to buy it back from the one to whom he has given it.
(Fataawaa al-Shaykh Ibn ‘Uthaymeen).

Payment and distribution

It is preferable for the person who is giving to share it
out himself. (Al-Shaafa'i said): “I prefer to share out
zakaat al-fitr myself rather than give it to the one who is
collecting it.”

Al-Nawawi (may Allaah have mercy on him) said: “Al-Shaafa'i
said in al-Mukhtasar: ‘Zakaat al-fitr is to be shared out
among those to whom zakaat al-maal is shared out. I prefer
that it should be given to relatives on whom it is not
obligatory to spend at all.’ He said: ‘If he prefers to
give it to the one who is collecting it, this should be
fine, in sha Allaah… but it is better to share it out
himself… If he gives it to the Muslim leader or the
collector or the one who is collecting the people’s zakaat
al-fitr, and he is given permission to give it, this is
fine, but sharing it out himself is better than all of
this.’” (al-Majmoo’, part 6).

It is permissible to appoint a trustworthy person to hand
it over to those who are entitled to it, but if he is not
trustworthy, then it is not allowed. ‘Abd-Allaah ibn
al-Mu’ammal said: “I heard Ibn Abi Mulaykah, when a man was
saying to him, ‘So-and-so told me to leave my zakaat
al-fitr in the mosque,’ Ibn Abi Mulaykah said, ‘He does not
know what he is talking about. You go and share it out
(yourself), otherwise Ibn Hishaam (the governor who was
collecting it in the mosque) will give it to his guards and
whoever he wants’ (i.e., he would give it to people who
were not entitled to it).” (Al-Umm: Baab day’at Zakaat
al-Fitr qabla Qasmihaa).

Imaam Ahmad (may Allaah have mercy on him) stated that it
is permissible to share out one saa’ among a group of
people, or to give many saa’s to one person…

Maalik said: “there is nothing wrong with a man giving
sadaqat al-fitr on behalf of himself and his family to one
needy person.” (al-Mudawwanah, part 1, Baab fi Qasm Zakaat
al-Fitr).

If one is giving less than a saa’ to a poor person, this
must be pointed out, because he might use it to pay his own
zakaat al-fitr.

It is permissible for a poor person, if he receives zakaat
al-fitrah from someone and he has more than he needs, to
give it on his own behalf or on behalf of one of those who
are dependent on him, if he is sure that the food is OK
(i.e., it is the right type of food and the quantity is
sufficient).

Where to give zakaat al-fitr

Ibn Qudaamah (may Allaah have mercy on him) said: “As for
zakaat al-fitr, it should be shared out in the country
where it became obligatory, whether a person has wealth
there or not, because it is the reason why zakaat became
obligatory…” (al-Mughni, part 2, Fasl idhaa kaana
al-muzakki fi balad wa maaluhu fi balad)

It was reported in al-Mudawwanah Fiqh al-Imaam Ahmad (may
Allaah have mercy on him): “I said: What is the opinion of
Maalik on someone who comes from Ifreeqiyah (‘Africa’) and
is in Egypt on the day of Fitr – where should he give his
zakaat al-fitr? Malik said: [He should give it] where he
is. Maalik said: if his family in Ifreeqiyah give it on his
behalf, that is fine. (What was meant by
Ifreeqiyah/‘Africa’ in those days is different from what it
means now).” (Part 1, Baab fi Ikhraaj al-Musaafir Zakaat
al-Fitr)

We ask Allaah to accept the worship of all of us and to
join us with the righteous. May Allaah bless our Prophet
Muhammad and all his family and companions.

--------------------------------------------------



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