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Every
Muslim is required to pay Zakat al-Fitr at the conclusion of the month
of Ramadan as a token of thankfulness to God for having enabled him to
observe fasts. Its purpose is to purify those who fast from any indecent
act or speech and to help the poor and needy.[1]
This view is based upon the hadith which reads, “The Messenger of
Allah, upon whom be peace, enjoined Zakat al-Fitr on those who fast to
shield them from any indecent act or speech, and for the purpose of
providing food for the needy. It is accepted as Zakah for the one who
pays it before the `Eid prayer, and it is sadaqah for the one who pays
it after the prayer.”[2]
Al-Qaradawi comments on this hadith by saying that there are two
purposes: one is related to the individual; for completion of his fast
and compensation for any shortcomings in his acts or speech. The other
is related to society; for the spreading of love and happiness among its
members, particularly the poor and needy, during the day of `Eid.[3]
It also purifies one’s soul from such shortcomings as the adoration of
property, and from miserliness. Furthermore, it purifies one’s
property from the stain of unlawful earnings. It is also a cure for
ailments.[4] The Prophet, peace
and blessings be upon him, said, “It would be better that you treat
your patients with charity.”[5]
In
addition, it provides for the needs of the poor and the indigent and
relieves them from having to ask others for charity on the day of `Eid.[6]
The Prophet, peace and blessings be upon him, said, “Fulfil their need
on this day (i.e., the day of `Eid)”[7]
Who
must pay Zakat al-Fitr
Zakat
al-Fitr is incumbent on every free Muslim who possesses one Sa` of dates
or barley which is not needed as basic food for himself or his family
for the duration of one day and night. Every free Muslim must pay Zakat
al-Fitr for himself, his wife, children, and servants. This is the
opinion of Imam Malik, Al-Shafi`i, and Ahmad. Imam Abu Hanifah, however,
said that it is only obligatory for one who possesses a nisab (a minimum
amount of property) after fulfilling the costs of his house, servant,
horse, and weapon.[8]
Al-Khattabi
explained that Zakat al-Fitr was obligatory for all Muslims, not only
those who possess the nisab stating that this is the view of the
majority of scholars. He said, “In essence, the rationale behind it
was stated to be the purification of one who fasts from any indecent act
or speech. And since every Muslim needs this, it is therefore obligatory
upon every fasting Muslim, whether rich or poor, who possesses one Sa`
in excess of his main staple food for the duration of one day and night.
This is because so long as the essential rationale is shared by all
Muslims, then they also share the same obligation.”[9]
Al-Qaradawi
also asserts the majority view when he says, “It is a virtuous wisdom
of Islam that it makes this Zakah obligatory not only on the rich, but
also upon nearly every Muslim, for you can hardly find a person who does
not possess one Sa` of food above his main staple food for the duration
of one day and night. The wisdom behind this obligation, therefore, is
to prepare the poor to practice benevolence and feel the dignity and
honour of giving in charity. Allah described the believers with these
words, “Those who spend (freely), whether in prosperity, or in
adversity…”[10] Thus if we
contemplate on this wisdom, we will not find it strange that the needy
pay this Zakah, because it does not cause them to suffer any loss. He
will pay only his Zakah and then receive the Zakah of various people.”
[11]
Moreover,
we have to bear in mind that Zakat al-Fitr is obligatory for everyone
who lives until the sun sets on the last day of Ramadan. This is the
point of view of the Shafi`is, Hanbalis, and Malikis. Accordingly,
whoever dies before the sun sets on the last day of Ramadan is exempted.
Likewise, a person who has a baby on the last day of Ramadan should pay Zakat al-Fitr
for the baby. The majority of jurists argue that we should
not pay Zakat al-Fitr for an embryo. But Imam Ahmad holds that Zakat al-Fitr
is also obligatory for an embryo, because it is
permissible to assign property to an embryo by means of a will.
When
Zakat al-Fitr is due
The
jurists agree that Zakat al-Fitrr is due at the end of Ramadan. They
differ, however, about the exact time. Al-Thawri, Ishaq, Malik (in one
of two reports), and Al-Shafi`i (in one of his two opinions), 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. However, Al-Layth, the Hanafi
school, Al-Shafi`i (in his other opinion), and the second report of
Malik say that Zakat al-Fitr is due at the start of Fajr (dawn) on the
day of `Eid because it is an act of worship connected with `Eid, so the
time of its payment should not be before `Eid just as sacrifice on the
`Eid of Adha.[12]
These
two different views acquire relevance if a baby is born after sunset but
before dawn on the day of `Eid; the question then is whether Zakat al-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 obligatory because the
birth took place within the prescribed space of time.[13]
Time
of payment
It
is not permissible to delay giving Zakat al-Fitr after the day of `Eid
(i.e. one may give it up to the time of the `Eid prayer). However, there
are some jurists who think that it is permissible to delay giving it
even after the `Eid prayer.[14]
The founders of the four schools of Fiqh hold the first opinion, but Ibn
Sirin and al-Nakha‘i say that its payment can be delayed. Ahmad says:
“I hope that there is no harm [in delaying the payment].” Ibn Raslan
says that there is a consensus that payment cannot be delayed merely for
the reason that it is a type of Zakah. Thus, any delay is a sin and is
analogous to delaying one’s prayers without an acceptable excuse.[15]
Anyway,
the founders of the four accepted Islamic legal schools agree that Zakat al-Fitr
is not nullified simply by failure to pay it on its due
time. If it is not paid before `Eid prayer, one is not exempt from it.
It becomes a debt payable even after death. The heirs must not
distribute the deceased’s legacy before payment of the deceased’s
unpaid Zakat al-Fitr.[16]
Most
scholars believe that it is permissible to pay Zakat al-Fitr a day or
two before `Eid. Ibn `Umar reported that the Messenger, upon whom be
peace, ordered them to pay Zakat al-Fitr before the people went out to
perform the `Eid prayer. Nafi‘ reported 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 so long as you
make the intention of Zakah.[17]
Al-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.[18]
Al-Qaradawi
explains the reasons for these differences in opinion by saying that the
Prophet, peace and blessings be upon him, used to pay Zakat al-Fitr after Fajr prayer on the day of `Eid but before the `Eid prayer for the
reason that the Muslim community was still small and limited in number.
During the time of the Companions the payment was made one or two days
before the `Eid. After the spread of Islam the jurists permitted its
payment from the beginning and middle of Ramadan so as to ensure that
the Zakat al-Fitr reached its beneficiaries on the day of `Eid, thereby
avoiding the possibility that the process of distribution would delay
reception of the payment after the day of `Eid.[19]
After explaining the different views regarding the time of payment,
Sheikh `Atiyyah Saqr stated that these differences of opinion among the
jurists justify some leniency for Muslims in regard to the time of
payment, and therefore a Muslim can pay at any of these times. He also
took the view that paying it at different times gives the poor and needy
the opportunity to benefit from Zakat al-Fitr and fulfil their needs for
longer periods.[20]
In
my opinion these differences are due to taking into consideration both
the needs of the poor and the opportunity of attaining the wisdom behind
the obligation of Zakat al-Fitr. Therefore, the most acceptable and
practical approach is to apply whichever practice fulfils the purpose
and wisdom behind Zakat al-Fitr, that is bringing happiness to the poor
on the day of `Eid and giving their children a chance to enjoy this day
as others do.
What
type of food can be given and permissible substitutes
The
jurists hold different views as to the types of food which must be given
as Zakat al-Fitr. The Hanbali view is that the kinds of food which can
be given are five: dates, raisins, wheat, barley, and dry cottage
cheese. Imam Ahmad is reported to have said that any kind of staple
grain or dates are also permissible, even if the above five types are
available. The Malikis and Shafi`is are of the view that it is
permissible to give any kind of food as long as it is the main staple in
that particular region or the main food of the person. As for the
Hanafis, they permit paying the value of Zakat al-Fitr in money.[21]
Ibn
Al-Qayyim highlighted these different viewpoints and concluded that the
Prophet, peace and blessings be upon him, prescribed Zakat al-Fitr as
one Sa` of dates, barley, raisins or dry cottage cheese. These were the
main staple kinds of food in Madinah. As for people of other
territories, what they should pay is one sa’ of their staple grain,
such as corn, rice, etc. But if their main staple food is other than
grain, such as milk, meat, fish, etc., then they should pay one Sa` of
that particular food. This is the opinion of the majority of scholars
and is the preferred point of view, since it achieves the purpose of
fulfilling the needs of the poor on the day of `Eid with the staple food
of their region.[22]
The
calculation of Zakat al-Fitr
The
amount of Zakat al-Fitr, as we referred earlier, is one Sa` of food.
There is consensus on this amount among the scholars with regard to all
types of food except wheat and raisins. As for these two types the
Shafi`is, Malikis and Hanbalis agree that the prescribed amount is one
Sa`, however the Hanafis say it is sufficient to pay half Sa` from wheat
and they differed with regard to raisins.[23]
After discussing the arguments of these two opinions al-Qaradawi reached
the following conclusion: wheat was not a common food amongst them
during the time of the Prophet so he did not prescribe one Sa` of it as
he did with the other types of food. As for those of the Companions of
the Prophet who prescribed half Sa` of wheat instead of one Sa` of
barely or dates like Mu`awiyah and other Companions, he views that they
did so by analogy, since the value of wheat was more than those of other
types of food which were equal. But according to their opinion, he says,
the value should be considered and taken as the criterion and this will
cause instability and confusion for it changes from place to another and
from time to time. He mentioned that in Pakistan the value of wheat is
less than that of dates, then how should we pay of it half the amount
(i.e. Sa`) that we should pay of dates? He also mentioned that nowadays
raisins are more expensive than wheat and dates. The only solution for
these problems, he says, is to regard Sa` as the criterion and basis.[24]
Al-Qaradawi
explains why the Prophet appointed Sa` as the measure and did not
prescribe it in money saying that in his opinion there are two reasons
for this: First, money was still rare among the Arabs particularly the
Bedouins. They did not have their own currency. So if the Prophet had
prescribed it in money, he would have caused hardship to them. Second,
the purchasing power of money changes from time to time. For instance,
the purchasing power of a certain currency sometimes becomes low and
other times high, so paying Zakat al-Fitr in money makes its value
unstable. That is why the Prophet prescribed it with a stable measure,
that is an amount of food which fulfils the needs of one family. For one
Sa` provides a family with food for a whole day.[25]
The
amount of Sa`
Sa`
is a certain measure which equals 4 mudds (a mudd equals a handful of an
average man). The contemporary equivalent weights of Sa` differs
according to the stuff which is weighted. For example a Sa` of wheat
equals 2176 grams, a Sa` of rice is 2520 grams, a Sa` of beans equals
2250 grams etc.[26] Therefore some
scholars are of the view that the criterion should be the measure not
the weight for there are kinds of food which are heavier than others.[27]
But I think this is the case if the equivalent weight of a certain kind
of food is not known. If there is no available measure or weight with
the person, then he should pay 4 mudds. Nowadays, it is not that problem
because ministries of religious affairs in Muslim countries and mosques
and Islamic centres in Western countries announce the value of Zakat al-Fitr
every year. Anyhow, this is the obligatory amount which
every Muslim should pay. It is better and recommended that one pays an
extra amount, particularly for those who are wealthy, for they will be
rewarded for it.
Its
payment in money
As
it is mentioned earlier, the Hanafis permitted the payment of Zakat al-Fitr
in money. This is the view of Al-Thawri, Al-Hasan
al-Basri, and `Umar ibn `Abd al-`Aziz. However, the other three schools
did not permit this. Their argument is that the Prophet did not do so
and hence its payment in money contradicts the Sunnah of the Prophet.
But some contemporary scholars support the Hanafi view since this is
easier nowadays for the payer particularly in cities where people use
only money for dealings. Among them are Sheikh Shaltut, al-Ghazali, and
al-Qaradawi[28] who mentioned
earlier the two reasons for which the Prophet did not prescribe it in
money. He also stated that the purpose of Zakat al-Fitr is to fulfil the
needs of the poor and this is achieved also by payment in money and that
in most cases and most countries the payment in money is more useful to
the poor.[29] He also mentioned
that when the Prophet prescribed it from food, it was easy for the payer
and useful for the recipient during that time. But nowadays to pay it in
food is not useful for the poor because he cannot make use, for
instance, of wheat or dates unless he sells them with any price,
generally low, to buy his needs with the money.[30]
Al-Qaradawi
excluded the times of famines where the payment of food is more useful
for the recipients and said that the criterion is the benefit of the
poor so if food proves to be more useful as in times of famines and
catastrophes, then its payment in kind is better. But if money is more
useful, then its payment in money is better.[31]
Nowadays,
if we consider the condition in the Muslim world in general and that of
Muslims in the West in particular we will discover that the second view
is more convenient with the spirit of Islamic legislation and the
present condition of Muslims. As we will see later when Muslims living
in the West decide to transfer their Zakah funds or some of them to
needy Muslims in Muslim countries, then the payment in money is more
convenient.
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[1]
Sabiq, op.cit, vol. III, p. 87.
[2]
Abû Dâwûd, Sunan Abî Dâwûd, ed. Muhammad ‘Abd al-‘Azîz
al-Khâlidî, vol. 1, Dâr al-Kutub al-‘Ilmiyyah, Beirut,
1416/1996, p. 473.
[3]
Qaradâwî, Yûsuf al-, Fiqh al-Zakâh, 4th ed., vol. II,
Mu’assasat al-Risâlah, Beirut, 1980, pp. 922.
[4]
Shahatah,
Hussain H., How to Calculate Zakat ul-Fitr, trans. Abdel-Hamid
Eliwa, 1st ed., Al-Falah Foundation, Cairo-Egypt (1999), pp. 3-4.
[5]
Bayhaqî, Ahmad b. al-Husayn b. ‘Alî, Sunan al-Bayhaqî al-Kubrâ,
ed. Muhammad ‘Abd al-Qâdir ‘Atâ, Maktabat Dâr al-Bâz, Makkah
al-Mukarramah, 1414/1994, vol. 3, p. 382.
[6]
Shahatah,
op.cit, p. 6.
[7]
Darqutnî, ‘Alî b. ‘Amr Abû al-Hasan al-, Sunan al-Darqutnî,
ed. Al-Sayyid ‘Abdullah Hâshim Yamânî al-Madanî, vol. 2, Dâr
al-Ma‘rifah, Beirut, 1386/1966, p.152.
[8]
Dahmân, Muhammad Ahmad, Kitâb al-Siyâm, 1st ed., Matba‘at
al-Taraqqî, Damascus, 1341/1923, p. 34.
[10]
The Qur’ân, ’Âl ‘Imrân [3: 134]
[11]
Qaradâwî, Yûsuf, Al-‘Ibâdah fî al-slâm, 5th ed., Maktabat
Wahbah, Cairo, 1985,p. 282.
[12]
Ibn Qudâmah al-Maqdisî, ‘Abdullâh b. Ahmad, Al-Muqni‘, vol.
1, Al-Maktabah al-Salafiyyah, n.d., p. 336.
[13]
Sabiq, op.cit, vol. III, p. 89.
[14]
Shahatah, How to Calculate Zakat ul-Fitr, p.17.
[15]
Sabiq, op.cit, vol. III, p. 89.
[16]
Shahâtah, Hussayn H., Fiqh wa Hisâb Zakât al-Fitr, Cairo 1998,
pp. 21-22.
[18]
Sabiq,
op.cit, vol. III, p. 89.
[20]
Qinâwî, ‘Abd al-Râziq Muhammad, Fatâwâ al-Sawm, 1st ed., Dâr
Al-Amîn , Cairo, 1998, p. 59.
[21]
Shahâtah, Fiqh wa Hisâb Zakât al-Fitr, pp. 11-12.
[22]
Ibn Qayyim al-Jawziyyah, A‘lâm Al-Muwaqqi‘în ‘an Rabb Al-‘Âlamîn,
vol. III, Dar al-Kutub al-Hadîthah, Cairo, 1969, pp. 15-16.
[23]
Qaradâwî, Fiqh al-Zakâh, pp. 932-33.
[25]
Qaradâwî, Fatâwâ Mu‘âsirah, vol. I, 8th ed., Dâr al-Qalam,
Kuwait, 1420/2000, p. 336.
[26]
Shahâtah, Fiqh wa Hisâb Zakât al-Fitr, pp. 16-17.
[27]
Qaradâwî, Fiqh al-Zakâh, p. 942.
[28]
Shahâtah, Fiqh wa Hisâb Zakât al-Fitr, p. 15.
[29]
Qaradâwî, Fiqh al-Zakâh, pp. 948-49.
[31]
Qaradâwî, Fiqh al-Zakâh, pp. 950-51.
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