Virtues of Zakat in the Light of Qur’an

Zakaat

Chapter 1
Zakaat 15
Chapter 2
Sadaqa e Fitr 138
Chapter 3
Begging and Asking for Financial Aid 149
Chapter 4
Nafil (Optional) Charity 159
Chapter 5
Fasting 176
Chapter 6
I’tekaaf 280

 

Chapter 1 Zakaat

 

 

• Virtues of Zakat in the Light of Qur’an 16
• Virtues of Zakat In The Light of Hadith 21
• Laws of Jurisprudence 29
• Conditions For Zakaat To become Waajib 30
• Zakaat on sa’imah 63
• Zakaat on Camels 65
• Zakaat on Cattle 68
• Zakaat on Goats 70
• Zakaat on Gold, silver & Merchandise 78
• The Aashir 95
• Mines and Buried Treasure 100
• Zakaat on Crop and Fruit 104
• The Uses of Zakaat 117
•  

 

 

 

 

 

 

 

 

 

 

Almighty Allah says,

 

‘And from the sustenance which We have given them, (They) spend in Our Way.’ [Surah Al Baqarah (2), Verse 3]

Almighty Allah says,

 

‘(O Beloved)! Take from their wealth Zakat (charity), by which you may purify them and cleanse them; and make good Dua for them; undoubtedly, your Dua (prayers) is the tranquillity of their hearts. And Allah is All-Hearing, All-Knowing.’ [Surah Tauba (9), Verse 103]

Almighty Allah says,

‘And those, who duly pay the Zakaat’ [Surah Al Mu’minoon (23), Verse 4]

Almighty Allah says,

 

‘And whatever you spend in the Way of Allah, He will give (you) more in exchange for it; And He is the Greatest Sustainer.’
[Surah Saba (34), Verse 39]

Almighty Allah says,

 

‘An example of those, who spend their wealth in the Way of Allah, is like that seed, from which grew seven shoots, and in every shoot are a hundred seeds; And Allah may increase it even more than this, for whomsoever He Wills; And Allah is Most Resourceful, All-Knowing. Those who spend their wealth in the Way of Allah, and after spending it, neither do they show favour, nor cause discomfort; their reward is with their Rub; and neither will they face any fear, nor shall they grieve. To speak with kindness and to forgive, is better than that

charity, which is followed by maltreatment; and Allah is All Supreme, Most Forbearing.’ [Surah Baqarah (2), Verse 261-263]

Almighty Allah says,

‘You can never achieve true virtue until you do not spend the things most cherished to you, in the way of Allah; And Allah is (All) Aware of all which you spend.’ [Surah Aal e Imraan, Verse 92]

Almighty Allah says,

‘It is not real virtue, to simply turn (your) faces towards the East or the West. Indeed, real virtue is to bring Imaan (Believe) in Allah, and the Last Day, and in the Angels, and Divine Books, and in the Prophets;

and in the love of Allah, to give your cherished wealth, to (your) relatives, to the orphans and to the destitute, and to the traveller, and to the mendicants; and to free slaves; to keep Namaaz well established, and to pay Zakat; and those who keep to their word, when they make a promise; and those who are patient in times of calamity and adversity, and during Holy War; These are those, who have truly kept to their word, and are they who are the (truly) pious.’ [Surah Al Baqarah (2), Verse 177]

Almighty Allah says,

 

‘And those who are miserly in that, which Allah has bestowed upon them by His Grace, should never regard this as good for them; but it is detrimental for them. Soon, that in which they were miserly will become the noose around their necks on the Day of Qiyaamat.’ [Surah Aal e Imran (3), Verse 180]

Almighty Allah says,

‘O you who Believe (i.e. O Believers)! Certainly many rabbis and monks, wrongfully usurp the wealth of the people, and hold them back from the way of Allah; and (as) for those who count and hoard gold and silver, and do not spend it the Way of Allah, give them the suitable news, of an excruciating punishment. The day when it will be (intensely) heated in the fire of hell; Then with it, their foreheads, their sides, and their back backs will be branded. This is what you hoarded for yourselves, (so) now relish the taste of your hoarding.’ [Surah Tauba (9), Verse 34-35]

The importance and excellence of Zakaat can be understood from the numerous verses (injunctions), which have been cited in this discussion.

VIRTUES OF ZAKAAT IN THE LIGHT OF HADITH

 

There are also many Ahadith that have been narrated concerning Zakaat. Some of them are quoted below:

Hadith 1 & 2: It is in Sahih Bukhari Shareef from Hazrat Abu Hurairah ؓ that Rasoolullah ﷺ said, ‘To whomsoever Allah gives wealth and he does not discharge its Zakat, on the day of Qiyaamat, it will appear in the form of a bald-headed snake, with two spots on its head. The snake will be placed as a noose around his neck, and it will grab his cheeks and say, ‘I am your wealth. I am your treasure.’ After this, Rasoolullah ﷺ recited this verse (until the end of the verse).

A similar narration is reported in Tirmizi, Nasa’i and Ibn Majah from Abdullah ibn Mas’ud ؓ.

Hadith 3: The narration of Imam Ahmed from Hazrat Abu Hurairah mentions, ‘The wealth for which the Zakaat was not discharged will appear on the day of Qiyaamat in the form of a bald-headed snake. It will chase (pursue) its owner and he will flee (from it), until he finally thrusts his fingers into its mouth.’
Hadith 4 & 5: It is in Sahih Muslim Shareef from Hazrat Abu Hurairah ؓ that Nabi ﷺ said, ‘If a person is the owner of gold and silver and if he does not pay its Zakaat, then on the day of Qiyaamat, plates of fire will be prepared for him, and which will be heated in the fire of hell, and his sides, forehead and his back will be branded with it. When it is about to cool down, then the same will be repeated again. This will be the affair of a day, which will last for fifty thousand

years, until judgement will be pronounced amongst the servants. He will now see his path, whether it leads him towards Jannat or it leads him towards Jahannam. Nabi ﷺ was asked about the camels, and He ﷺ said, ‘One who does not discharge what is due on him, then on the day of Qiyaamat he will be made to lay down on a huge plain, and all those camels will come forth in a healthy condition, and they will trample over him with their hooves, and bite him with their mouths. When their last herd passes over him, the first will return (to trample over him), and with regards to the cattle and goats.’ He ﷺ said, ‘Such a person will be made to lay down on an open field, and all of them (i.e. the cattle and goats) will appear. None of them will have twisted horns, none will be without horns and none will have broken horns. They will gore him with their horns, and they will trample on him with their hooves.’

A similar narration is reported in the Sahihain from Hazrat Abu Zarr
ؓ with regards to not paying the Zakaat on camels, cattle and goats.

Hadith 6: It is in Sahih Bukhari from Hazrat Abu Hurairah ؓ that after Rasoolullah ﷺ when Siddique e Akbar ؓ became Khalifa, some people in Arabia became kaafir (they rejected Zakaat being Fard). Siddique e Akbar ؓ commanded Jang against them. Ameer ul Mo’mineen Farooq e Azam ؓ said, ‘Why are you fighting against them?’ Whereas Rasoolullah ﷺ said, ‘I have been commanded to fight
against the people until they proclaim La Ilaha IllalLahu and one who has
proclaimed La Ilaha IllalLahu has protected his Deen and wealth, and his
privileges in Islam and his accountability is with Allah (in other words,
he said that what need is there to fight them, whereas they have
already proclaimed La Ilaha IllalLahu. Siddique e Akbar ؓ said, ‘By Allah, I will
make Jihad against those who differentiate between Namaaz and Zakaat (i.e. those who accept Namaaz as Fard and reject Zakaat being

Fard). Zakaat is the due of wealth. By Allah! If they presented a baby goat in the court of Rasoolullah ﷺ and they refuse to give that (now), then I will make Jihad against them for it.’ Farooq-e-Azam ؓ says, ‘By Allah! I observed that Almighty Allah had opened the chest of Siddique ؓ. I thus acknowledged that it is he who is on the path of righteousness.’

Hadith 7: Abu Dawud reported from Hazrat Abdullah ibn Ab’bas
the revealed, was ﹷواﻟ ﹻﺬ ْﻳ ﹷﻦ ﹷﻳ ْﻜ ﹻﻨﺰﹹ ْو ﹷن اﻟ ﹽﹷﺬﻫْ ﹷﺐ ﹷواﻟ ﹻﻔ ﹽﹷﻀ ﹷﺔ verse this when that اﷲ Sﻌﺎ�u ﻋﻨهﻤﺎ
Muslims felt it trying (i.e. they thought that it was Haraam to gather gold and silver, and they felt this would cause them to face many difficulties). Hazrat Farooq-e-Azam ؓ said, ‘I will remove you from this difficult situation.’ He then presented himself before the Beloved Rasool ﷺ and said, ‘Your companions are looking at this verse as being difficult (to act upon).’ He ﷺ said, ‘Almighty Allah has made Zakaat Fard, so that your remaining wealth may be purified, and inheritance has been made Fard, so that it may serve those after you (i.e. if to amass wealth was completely Haraam, then Zakaat would not be a means to purify your wealth; and what would Zakaat be Fard on, and from where will inheritance be given? In reality, to amass that wealth on which Zakaat has not been paid is Haraam).’ On hearing this, Hazrat Farooq-e-Azam ؓ proclaimed the Takbeer (aloud).

Hadith 8: Imam Bukhari has reported it in his Taarikh and Imam Shafi’i, Baz’zaz and Baihaqi have reported from Ummul Mo’mineen Siddiqa  that Rasoolullah ﷺ said, ‘Zakaat will not be mixed in any wealth, without causing it to be destroyed.’

Some of the A’ima have said that the meaning of this Hadith is that, if Zakaat is Waajib upon one and he did not discharge it, but rather he left it mixed with his wealth, then this Haraam will destroy whatever

Halaal he has. Imam Ahmed said the meaning of this is that if a wealthy person (one who is financially stable) accepts Zakaat; it will destroy his wealth because Zakaat is for the Faqeers (i.e. one deserving Zakaat). Both interpretations of this Hadith are correct.

Hadith 9: Tabrani reported in Awsat from Hazrat Buraidah ؓ that Rasoolullah ﷺ said, ‘Allah will afflict a nation who does not pay its Zakaat, with drought.’

Hadith 10: Tabrani reported in Awsat from Farooq-e-Azam ؓ that Rasoolullah ﷺ said, ‘That wealth which is ruined in dryness and wetness (i.e. on land and water), is ruined due to not discharging Zakaat.’

Hadith 11: It is in Sahihain from Ahnaf bin Qais that Sayyiduna Abu Zarr ؓ said, ‘An intensely hot stone from the fire of hell will be placed on the tip of their breasts (i.e. those who shun Zakaat), which will break through the chest and exit from the shoulder, and it will (then) be placed on the shoulder bone, causing it to break through the bones and exit from the chest.’

It is also mentioned in Sahih Muslim Shareef, that (Hazrat Abu Zarr
ؓ) said. I heard Nabi Kareem ﷺ saying, ‘It will break through the backbone and exit from the side, and it will break through the nape and exit from the forehead.’

Hadith 12: Tabrani reported from Ameerul Mo’mineen Hazrat Ali م�

اﷲ وﺟہ ا��ﻳﻢ

that Nabi Kareem ﷺ said, ‘The needy will never face being

unclothed or hungry, but at the hands of the wealthy. Hear this! Allah will hold such wealthy people strictly accountable, and He will punish them severely.’

Hadith 13: Tabrani reports from Hazrat Anas ؓ that Rasoolullah ﷺ said, ‘On the day of Qiyaamat, the wealthy will be harmed by the hands of the needy. The needy will say, ‘(O Allah) they unjustly held back from us in our rightful due (from their wealth) which You made Fard upon them.’ Almighty Allah will say, ‘By My Honour and Majesty! I will bless you with My closeness and I will keep them distant.’
Hadith 14: Ibn Khuzaimah and Ibn Hib’ban have reported in their Sahih from Hazrat Abu Hurairah ؓ that Rasoolullah ﷺ said, ‘Three people will be the first to enter Hell (i.e. three types of people). From amongst them, one of them will be a wealthy person who did not pay from his wealth, what is due for Allah.’

Hadith 15: Imam Ahmed reported in Musnad reported from Hazrat Am’mara bin Hazm ؓ that Rasoolullah ﷺ said, ‘Almighty Allah has made four (4) things Fard in Islam. The one who fulfils three from amongst them will not have them benefit him, until he does not fulfil all four of them; (they are) Namaaz, Zakaat, Fasting in Ramadaan and Hajj Baitullah.’

Hadith 16: Tabrani has mentioned in Kabeer with the merit of Sahih, that Hazrat Abdullah ibn Mas’ud ؓ says, ‘We have been commanded to perform Namaaz and give Zakaat, and the Namaaz of the one who does not pay his Zakaat, is not accepted.’

Hadith 17: It is in Sahihain, Musnad (Imam) Ahmed and Sunan Tirmizi from Hazrat Abu Hurairah ؓ that Rasoolullah ﷺ said, ‘Giving Sadaqa (Charity) does not lessen your wealth; and if a servant forgives the shortcomings of someone, Allah Almighty will increase his honour; and one who shows humility for the sake of Allah, Allah will exalt him (i.e. grant him Excellence and Respect).’

Hadith 18: It is in Bukhari and Muslim from him (i.e. Hazrat Abu Hurairah ؓ) that Rasoolullah ﷺ said, ‘One who spends on a pair of things in the way of Allah, will be invited from all the doors of Jannat, and there are many doors of Jannat. One who is a Namaazi will be invited from the Door of Namaaz, the one who is from amongst the Ahle Jihad will be invited from the door of Jihad, the one who is from amongst those who gave Sadaqa will be invited from the Door of Sadaqa, and the one who kept fast will be invited from Baab ur Ray’yan (The Door Ar Ray’yan).’ Siddique e Akbar ؓ said, ‘There is no real need then for one to be invited from all the Doors (i.e. the objective is entrance into Jannat, and this a person attains by entering any one door of Jannat), but is there anyone who will be invited from all the doors of Jannat?’ He ﷺ said, ‘Yes, and I have confidence that you will be from amongst them.’

Hadith 19: Bukhari, Muslim, Tirmizi, Nasa’i, Ibn Majah and Ibn Khuzaimah have reported from Hazrat Abu Hurairah ؓ that Rasoolullah ﷺ said, ‘One who gives Sadaqa (charity) equal to even date from his Halaal earnings. And Allah does not accept anything, except that which is from Halaal earnings. Almighty Allah then accepts this (charity) from the right, and Allah nurtures it for its owner, just as one would nurture a baby horse; until that Sadaqa (finally) becomes as high as a mountain.’

Hadith 20 & 21: Nasa’i and Ibn Majah have reported in their Sunan, Ibn Khuzaimah and ibn Hib’ban have reported in their Sahih, and Haakim reported with the benefit of Sahih from Hazrat Abu Hurairah ؓ and from Hazrat Abu Sa’eed ؓ that Rasoolullah ﷺ delivered the Khutbah and said this, ‘By Him in Whose Divine Control is my life!’ He ﷺ said this thrice. He ﷺ then lowered his head and we all lowered our heads, and He ﷺ then began to weep. We did not

know what He ﷺ had sworn the oath about. Rasoolullah ﷺ then raised his blessed head and there were signs of happiness on his ﷺ holy face, and this was more beloved to us than possessing red camels. He ﷺ then said, ‘A servant who performs his Five Namaaz (Salaah), and keeps the fasts of Ramadaan and discharges his Zakaat, and abstains from the seven major sins, the doors of Jannat will be opened for him, and it will be said to him, Enter in peace!’

Hadith 22: Imam Ahmed reported on the authority of trustworthy narrators, from Hazrat Anas bin Malik ؓ that Rasoolullah ﷺ said, ‘Pay the Zakaat from your wealth, as it is a purifier which will purify you; and keep good relations with your relatives, and recognise the rights of your neighbours, the needy, and the beggars.’

Hadith 23: It is in Tabrani Awsat and Kabeer from Hazrat Abu Dardah ؓ that Rasoolullah ﷺ said, ‘Zakaat is the Bridge of Islam.’

Hadith 24: Tabrani reported in Awsat from Hazrat Abu Hurairah ؓ that Rasoolullah ﷺ said, ‘For the one who takes responsibility of six things for me, I will guarantee Jannat for him.’ I said, ‘What are they, Ya Rasool’Allah ﷺ?’ He ﷺ said, ‘Namaaz, Fasting, Zakaat, that which is entrusted to him, his private parts, the stomach, and the tongue.’
Hadith 25: Baz’zaar reported from Alqama ؓ that Rasoolullah ﷺ said, ‘The perfection of your Islam is in discharging the Zakaat from your wealth.’
Hadith 26: Tabrani reported in Kabeer from Hazrat Ibn Umar اﷲ ي�ر ﻋﻨهﻤﺎ �uﻌﺎS that Rasoolullah ﷺ said, ‘One who brings Imaan in Allah and His Rasool ﷺ should pay the Zakaat from his wealth, and one who brings Imaan in Allah and His Rasool ﷺ should either speak the Truth (Haq)

or remain silent (in other words, he should not speak using vulgar words), and one who believes in Allah and His Rasool ﷺ should honour his guest.’

Hadith 27: Abu Dawud reports a Mursal narration from Hazrat Hasan Basri ؓ and Tabrani and Baihaqi have reported from a huge Jama’at of Sahaba-e-Kiraam ﻋﻨہﻢ يuﻌﺎS اﷲ ي�ر that Rasoolullah ﷺ said, ‘Give your Zakaat and fortify your wealth in powerful fortresses; and treat your ill through Sadaqa, and when evil descends, then seek assistance in Dua (supplication) and weeping (in the Court of Allah).’

Hadith 28: Ibn Khuzaimah reported in his Sahih and Tabrani reported in Awsat, and Haakim in Mustadrak from Hazrat Jaabir ؓ that Rasoolullah ﷺ said, ‘Verily Allah has removed harm (evil) from the wealth of one who has paid his Zakaat.’

LAWS OF JURISPRUDENCE

Law 1: Zakaat in Shariat refers to making a Faqeer (i.e. a needy person who is not Maalik-e-Nisaab, i.e. one who is not solvent in the terminology of Shariah) the Maalik (owner), of a portion of wealth for the sake of Allah, as has been stipulated by the Shariah. The Faqeer should neither be Hashmi (i.e. Sayed, in other words, a descendant of Nabi Kareem ﷺ), nor the freed slave of a Hashmi; and one should completely separate any benefit for oneself from this. [Durr-e- Mukhtar, vol.2, pages 4-6]

Law 2: Zakaat is Fard (obligatory), and the one who rejects it is a Kaafir (unbeliever), and the one who does not pay it is a Faasiq (transgressor), and is deserving execution (i.e. in a country under proper Islamic Ruling), and the one who delays its payment is sinful. [Alamgiri, vol.1, pg.170]

Law 3: (Simply) making it Mubah (lawful) does not fulfil the Zakaat. For example, if a Faqeer is fed some food with the Niyyat of Zakaat, the Zakaat has not been discharged, because in doing so the (condition) of making him the Maalik (owner) is non-existent. If one gave him the food; in the sense that he may either eat it or take it with him, then in this case, it (Zakaat) has been discharged. Similarly, if clothing was given to a Faqeer, or if he dressed him in it, the Zakaat is discharged. [Durr-e-Mukhtar, vol.2, pg.3]

Law 4 : If one gave a Faqeer a house to live in, the Zakaat will not be discharged, because in doing so he has not given him any portion of the wealth (i.e. in this case the property), but rather, he has simply made him the owner of the benefit (i.e. the gains). [Durr-e-Mukhtar, vol.2, pg.3]

Law 5: When making (the Faqeer) Maalik (owner of the Zakaat), it is also necessary to give it (Zakaat) to a person who knows how to take possession (i.e. ownership) of it. In other words, it should not be such, that he throws it away, or he is deceived (regarding it); otherwise, it will not be counted as being discharged. For example, if one gave it (the Zakaat) to a very small child or to an insane person. If the child is not wise enough (to take proper possession), then it should be given on his behalf to his father who is also a Faqeer (deserving of Zakaat) or to the legal executor. Otherwise, it should be given in the possession of the child’s guardian. [Durr-e-Mukhtar, Raddul Muhtar, vol.2, pg.3]

Law 6: There are certain conditions (pre-requisites) for Zakaat to become Waajib:

1.To be a Muslim

Zakaat is not Waajib (compulsory) upon a Kaafir (unbeliever). In other words, if an unbeliever becomes a Muslim, then he will not be ordered to pay Zakaat for the era in which he was an unbeliever. Allah Forbid! If a person becomes a murtad (apostate), then whatever Zakaat he has given in the era when he was a Muslim, is (now) void. [General Books, Alamgiri, vol.1, pg.171]

If a Kaafir became Muslim in a Darul Harb, and he was resident there for some years, and he then returned to Darul Islam, (then in this case), if he was aware of the fact that it is Waajib for a wealthy (i.e. solvent) Muslim to pay Zakaat, then the Zakaat for that period is Waajib (upon him), otherwise not. If he became Muslim in a Darul Islam, but did not pay the Zakaat for some years, then the payment of the Zakaat for those years is Waajib upon him, even though he says that he had no knowledge of Zakaat being Fard, as ignorance (of the

law) is not a valid excuse (Uzr) in a Darul Islam. [Alamgiri, vol.1, pg.171/172]

2.Buloogh

In other words, he must have reached the age of puberty

3.Aaqil

In other words, he must be of a sane mind

There is no Zakaat upon a Na-Baaligh (one who has not reached the age of puberty); and if a person remains in an insane state for the entire year, then Zakaat is not Waajib upon him, and if he regains sanity at the beginning and end of the year, then even though he may remain in a state of insanity for the remainder of the period, the Zakaat is Waajib upon him. If the condition of the insane person prevailed from the beginning, i.e. if he became Baaligh in the state of insanity, then his year (of being liable for Zakaat) will commence from the year in which he regains his sanity. Similarly, if the condition is temporary, but the condition prevailed for the entire year, then only when he regains his senses (sanity), will it be counted as the beginning of the year (for his Zakaat). [Jauhira, Alamgiri, vol.1, pg.172; Raddul Muhtar, vol.2, pg.4]

Law 7: There is no Zakaat on a person who goes in and out of a state of insanity if he remains in this condition for the entire year, and if he occasionally comes out of this condition, then Zakaat is Waajib upon him. Zakaat is Waajib upon a person who is in an unconscious (fainted) state, even though he may remain in an unconscious

(comatose) state for the entire year. [Alamgiri, vol.1, pg.172; Raddul Muhtar, vol.2, pg.4]

4. Azaad

To be a freeman (non-slave)

Zakaat is not Waajib upon a slave, even though he may be a Mazoon (i.e. licensed or privileged slave whose master has permitted him to trade), or a Mukatib (a slave who is under bond with his master to pay for his freedom within a stipulated time frame, and the slave also accepts this), or an Umm e Walad (a female slave who gave birth to a child accepted by her master as his offspring), or a Musta’a (a slave bought in partnership, whereas one partner has freed him, but because he is not solvent, he is ordered to earn whatever is due to the remaining partners, and pay them off). [Alamgiri, vol.1, pg.171]

Law 8: For whatever a slave who is Mazoon earns, there is no Zakaat upon him and neither is there Zakaat upon his master (for it). However, if he hands it over to his master, then Zakaat must be paid for those years as well by the master, on condition that the Mazoon is not absorbed in debt, otherwise, there is absolutely no Zakaat on what he has earned, neither before he gives it in the possession of his master, nor after he has given it. [Raddul Muhtar, vol.2, pg.9]

Law 9: For whatever the Mukatib has earned, the Zakaat on it is not Waajib, neither on him nor on his master. However, once he hands it over to the owner and a year passes, then as per the conditions of Zakaat, the Zakaat will become Waajib upon the master, and the Zakaat of the previous years is not Waajib. [Raddul Muhtar, vol.2, pg.9]

5. Possession of Nisaab (The Threshold)

In other words, he (or she) should have in his (or her) possession wealth (commodities, cash, stock etc.) which is according to the Nisaab (stipulated threshold in Shariah which qualifies one as a Zakaat payer). If he is the owner of less than the Nisaab amount, then Zakaat is not Waajib (upon him). [Tanweer, vol.2, pg.5; Alamgiri, vol.1, pg.172]

6. Complete Ownership

One should be the complete owner of it. In other words, it should also be in his possession (i.e. he should have full control over it). [Alamgiri, vol.1, pg.172]

Law 10: Those goods (valuables etc.) that were lost or fell into the sea, or were usurped, and one does not have any witnesses to it being usurped, or if he buried it in the wilderness somewhere, and he is unable to remember where he really buried it, or if he gave it as Amaanat (i.e. he entrusted it) to some stranger, and he cannot remember who he entrusted it to, or if the Madyun (i.e. debtor) refuses to pay the Dayn (i.e. the debt), for which he has no witnesses, and thereafter, the goods (valuables etc.) were found (i.e. recovered), then (in this case) the Zakaat is not Waajib on the wealth for the period in which he had not recovered it. [Durr-e-Mukhtar, Raddul Muhtar, vol.2, pg.11/12]

Law 11: If the debt is on such a person who accepts the debt but is delaying in payment, or if he is insolvent, or if the Qadi (Muslim Justice) has declared him to be insolvent, or if he refuses to pay the debt, but he (the creditor) has witnesses (that he is owed the said

amount), then once he receives the payment, the Zakaat for the previous years is also Waajib. [Tanweer, vol.2, pg.12]

Law 12: If someone is responsible for the ‘Ghasb’ of a grazing animal (i.e. Ghasb unlawfully seizing something, to usurp), even though he may accept he has seized it, then even after it is recovered, there is no Zakaat for the period in which it was seized. [Khania]

Law 13: Zakaat is not Waajib upon the ‘Ghaasib’ (i.e. the usurper) for that which he has usurped (unlawfully seized), but rather it is Waajib upon the usurper to return the usurped property (etc.) to the rightful owner from whom it was usurped. If the Ghaasib (usurper) has mixed that wealth (or goods etc.) with his own wealth, in a manner whereby it is impossible to differentiate between both, and his wealth is within the stipulation of Nisaab, then it is Waajib for him to pay Zakaat on all of it. [Raddul Muhtar, vol.2, pg.34]

Law 14: If one person usurped (for example) one thousand rupees belonging to someone else, and then someone else usurped the same money (rupees) from him (i.e. from the initial usurper) and then spent it, and both the usurpers have one thousand each of their personal wealth, then Zakaat is Waajib upon the first usurper and not upon the second usurper. [Alamgiri, vol.1, pg.173]

Law 15: The Zakaat of the ‘Shay Marhun’ (pawned/pledged item) is neither on the ‘Murtahin’ (pledgee) nor on the ‘Raahin’ (pledger), as the Murtahin is not the actual owner, and the ownership of the Raahin is not complete, because it is not in his possession (i.e. full control). Afterwards, even after releasing the pledge (i.e. the pawned item), the Zakaat for those years is not Waajib. [Durr-e-Mukhtar, vol.1, pg.9]

Law 16: If one purchased goods for trade purposes, but did not take possession of it for an entire year, then the Zakaat for the period before the ‘Mushtari’ (buyer) took possession of it, is not Waajib, and after he takes possession of it, the Zakaat for that year is also now Waajib. [Durr-e-Mukhtar, Raddul Muhtar, vol.1, pg.9]

7.Nisaab must be free from Debt (Liability)

Law 17: If a person is Maalik–e-Nisaab (i.e. the owner of Nisaab) but he is in debt, such that if he pays off the debt, he will have no Nisaab, then in this case the Zakaat is not Waajib upon him. This applies even if the debt is to a person, such as a loan or ‘Zar e Thaman’ (i.e. the price of something which he has purchased), or if it is the ‘Tawaan’ (payment for a claim against him), or if it is a debt to Almighty Allah, such as Zakaat. Khiraj; for example, if a person is only owner of one Nisaab, and two years have passed in which he did not pay his Zakaat, then only the Zakaat of the first year is Waajib, and not that of the second year, because the Zakaat of the first year is a debt (which he must pay), and after he deducts that and finds that the Nisaab does not remain any longer, then the Zakaat of the second year is not Waajib (i.e. in the first year). Similarly, if three years passed by, but in the third year only one day remained, and he acquired a further five Dirhams, then in this case as well, only the Zakaat of the first year is Waajib, because in the second and third years the Nisaab does not remain, after payment of the Zakaat (in this case). However, if from the day that he receives the five dirhams until a year, the Nisaab remains (i.e. if he remains Maalik-e-Nisaab for that year), then on completion of that year, Zakaat is now Waajib. Similarly, if he was Maalik-e-Nisaab (owner of Nisaab), and he did not pay the Zakaat at the completion of the year, and then he lost all the wealth, and then again acquired more wealth, which is equal to Nisaab, but if he

deducts the Zakaat of the first year from it, the Nisaab will not remain any longer, then the Zakaat for that new year is not Waajib. If he did not intentionally lose the initial wealth, but it was lost without intent, then (in this case) the Zakaat for that becomes void. Hence, Zakaat is not a debt (liability), so in this case the Zakaat of the New Year is now Waajib upon him. [Alamgiri, vol.1, pg.172/174; Durr-e- Mukhtar, vol.2, pg.6]

Law 18: If he is not personally the ‘Madyun’ (Debtor), but he is actually the ‘Kafeel’ (one who undertook the responsibility to discharge the debt, i.e. Guarantor) of the Debtor, and after deducting the amount for the ‘Kifaalat’ (collateral/surety) the Nisaab does not remain intact, then Zakaat is not Waajib (upon him). For example, Zaid has one thousand rupees, and Amr took a loan of one thousand rupees from someone, and Zaid gave surety for him, then in this case Zakaat is not Waajib on Zaid, because even though Zaid does have money in his possession, it is tied up in Amr’s debt, because the creditor has the right to claim it from Zaid, and if he does not get it from Zaid then he is at liberty to have Zaid imprisoned, so this money is thus tied up in debt, so Zakaat is not Waajib on that amount. If ten people have stood surety for Zaid and all of them have one thousand rupees each, then too Zakaat is not Waajib upon any one of them (for this), because the creditor is at liberty to claim it from any one of them, and if he does not receive it from them, he is at liberty of having whomsoever (of them) he wishes imprisoned. [Raddul Muhtar, vol.2, pg.6/7]

Law 19: According to the correct Madhab, that which is Dayn-e- Mi’aadi (Debt or loan which is lasting to the end of its term, i.e. for which no time limit is fixed), does not hinder Zakaat from becoming Waajib. [Raddul Muhtar, vol.2, pg.7]

Since ‘Dayn-e-Mahr’ (Debt of Dowry) is not habitually claimed, thus no matter whatever amount the husband owes in Mahr (to his wife), if he is Maalik-e-Nisaab, Zakaat is (still) Waajib upon him (meaning that owing dowry is not something which will hinder Zakaat being Waajib on him). [Alamgiri, vol.1, pg.173]

This especially applies with regard to ‘Mahr e Mu’akkhar’ (deferred, to be paid in the event of Islamic divorce or death of the husband etc.) which is common here (in India etc.), for which no specific time limit is fixed, because in this case, the wife does not really have the authority to make a claim for it, until death or Talaaq (Islamic Divorce) does not take place.

Law 20: The Nafaqa (essential financial support/provisions) of a man’s wife is not regarded as ‘Dayn’ (A debt) until the Qadi does not order it, or unless both of them have not settled on an amount (for it), and if both these (conditions) are not present, then it will be void (i.e. it will fall away). It will thus not be Waajib upon the husband to pay it, so it is thus not something that hinders the payment of Zakaat. With the exception of one’s wife, the Nafaqa for any other relative will only be regarded as ‘Dayn’ (a debt), if a period of less than a month has passed, or if that relative took a loan on the order of the Qadi; and if both these cases are not present, then it falls away, and is not something which hinders payment of Zakaat. [Alamgiri, vol.1, pg.173; Raddul Muhtar, vol.2, pg.7]

Law 21: ‘Dayn’ (A debt/loan) is only regarded as something which hinders payment of Zakaat, if it is something which existed before Zakaat became Waajib upon the person, and if it (the debt) is incurred after a year passes on Nisaab, then that ‘Dayn’ (debt) has no effect on the Zakaat. [Raddul Muhtar, vol.2, pg.6]

Law 22: In this regard, there is no credence to that ‘Dayn’ which is not claimed from the servants (people). In other words, it is not a factor that hinders the payment of Zakaat. For example, Nazr (offering), Kaffarah, Sadaqa e Fitr, Hajj and Qurbani (etc.), because if the expenses for these are deducted from the Nisaab, then even though the Nisaab does not remain intact, Zakaat is still Waajib. For Ushr and Khiraj (land tax) to become Waajib, debt is not a hindering factor, in other words, even if one is a debtor, these things will be Waajib upon him. [Durr-e-Mukhtar, Raddul Muhtar, vol.2, pg.6]

Law 23: That Debt which occurred in the course of the year, in other words, one was not a debtor at the beginning of the year, but later fell into debt, and then at the end of the year, with the exception of the ‘Dayn’, he became Maalik-e-Nisaab, then Zakaat is now Waajib upon him. This case can be understood from this example; let’s suppose the creditor pardoned (i.e. wrote off) the debt, so now because he is not responsible for the ‘Dayn’ (debt), and the year has also come to an end, thus it is now Waajib upon him to pay Zakaat. It does not mean that Zakaat will only be Waajib upon him, from now until another year passes (as this is incorrect). If he was in debt from the beginning of the year, and it was written off at the completion of the year, then in this case Zakaat will not be Waajib now, but (in this case) it will be only Waajib after a year passes after this. [Raddul Muhtar, vol.2, pg.9/10]

Law 24: If a person is in debt and he is the owner of a few Nisaabs (i.e. more than one Nisaab), and the ‘Dayn’ can be paid off from each one of them (the Nisaabs); in other words, he has rupees and Ashrafis (i.e. cash), and he also has trade goods (i.e. stock etc.), and he has grazing animals as well, then (in this case) he should regard the Ashrafis (i.e. the money) as means of payment for the debt, and he should give the

Zakaat from the other things. If he does not have cash, he has Nisaab of different kinds of grazing livestock. For example, if he has forty goats, thirty cows and five camels, then (in this case) he should give Zakaat from that which is easier for him, and he should set aside the others for payment of the debt; and if in the above situation, he gives the Zakaat from the goats or the camels, then he would have to give one goat, and for the cows, he would have to give a one-year-old calf. Thus, it is obvious that it is easier for him to give one goat instead of giving a one-year-old calf, so he may give the goat, and if it is alike, then he has the choice (to give from where he wishes). For example, if he has five camels and forty goats, the Zakaat for both is one goat, so he has the choice of paying it from whichever he wishes to for the ‘Dayn’ and from whichever one he wishes he may give the Zakaat. All this detail is only applicable if someone appointed by the King (Muslim Ruler in a Proper Muslim State) comes to collect the Zakaat, and if one wishes to pay the Zakaat on his own accord, then he has a complete choice in all these cases. [Durr-e-Mukhtar, Raddul Muhtar, vol.2, pg.10]

Law 25: If one owes one thousand rupees (or Rands or any other currency), and he has in his possession one thousand rupees, and he also has one house and a slave (servant) to serve him, then in this case Zakaat is not Waajib upon him. Even though the house and the slave are both worth one thousand rupees each, as these things are from Haajat-e-Asliyah (a person’s basic essentials). Additionally, when money is present, then it is money that will be in lieu of payment of the loan, and not the house or the slave. [Alamgiri, vol.1, pg.173]

The slave rule does not apply as slavery has been currently abolished. All such rules are explained in this book as they are from the rules of Jurisprudence.

8.The Nisaab must be free from Haajat-e-Asliyah (i.e. after Haajat-e-Asliyah)

Law 26: Haajat-e-Asliyah refers to those things which a person requires to live his life. Zakaat is not Waajib in these things (i.e. there is no Zakaat in these things); such as the house in which one lives, the clothing which one requires to wear in summer and winter, household necessities, an animal for transport (i.e. a mode of transport), handmaids or bondsman for your service, weapons for war (i.e. for protection), a workman’s tools, essential Kitaabs (books) for the people of knowledge, and grains (i.e. groceries) for eating. [Hidaya, Alamgiri, vol.1, pg.172; Raddul Muhtar, vol.2, pg.10/11]

Law 27: If a person purchased such an item which he will utilise in his work (field of profession), and its traces (effects) will remain in that work (item), such as (tannin of) gall-nut which is used in tanning (animal) hides, and oil etc. Hence, if one year passes over it, the Zakaat on it is Waajib. Similarly, if a dyer buys saffron, or safflower colour to dye clothing which he charges to do, then if this is equal to the amount of Nisaab, and a year has passed, then Zakaat on it is Waajib. The same ruling applies to powder dyes etc., and if it is such a thing that its effect will not remain, such as soap, then even if it is equivalent to the amount of Nisaab, and a year has passed, the Zakaat on it (that soap etc.) is not Waajib. [Alamgiri, vol.1, pg.172]

Law 28: If a perfumer purchases bottles to sell perfumes (Itar) in, Zakaat is Waajib on them. [Alamgiri, vol.2, pg.11]

Law 29: If one took (i.e. kept aside) money for spending (i.e. for expenses), then this too is from Haajat-e-Asliyah. If money is kept to be spent on Haajat-e-Asliyah, then whatever you spent in the year is

fine, but if whatever is remaining is equivalent (or more) than Nisaab, (then) Zakaat is Waajib on it, even if one kept it with the Niyyat of spending it in future for Haajat-e-Asliyah. If at the time of the completion of the year (i.e. your Zakaatable year) there is a need to spend it for Haajat-e-Asliyah, then Zakaat is not Waajib (on that amount particular). [Raddul Muhtar, vol.2, pg.8]

Law 30: Kitaabs (Books) for the ‘Ahl-e-Ilm’ (people of Knowledge/scholars) are from Haajat-e-Asliyah, and even if it is in the possession of those who are not from the people of Knowledge, there is still no Zakaat on Kitaabs, on condition that it is not kept for trade (businesses) purposes. The only difference in this is that with the exception of these Kitaabs, if the people of knowledge (i.e. Ulama) do not have wealth (money etc.) equal to Nisaab, it is permissible for them to take Zakaat, and it is impermissible for those who are not Ahle Ilm (to take Zakaat) if they have books to the value of two hundred Dirhams (two hundred Dirhams used to be the Nisaab threshold so wherever this is mentioned, it refers to the current Nisaab threshold). The ‘Ahl’ here refers to those who require these Kitaabs for reading (learning), teaching and rectification. Books (Kitaab) here, refers to Madhabi (Deeni) Books, meaning Kitaabs of Fiqh, Tafseer and Hadith. If one has more than one copy, then if all the extra copies put together are valued at two hundred Dirhams (i.e. at current Nisaab), then it is also impermissible for the ‘Ahl’ to accept Zakaat as well. This applies whether just one extra copy is of the said value, or if many extra Kitaabs collectively make up that amount. [Durr-e-Mukhtar, Raddul Muhtar, vol.2, pg.11]

Law 31: For a Hafiz, the Holy Qur’an is not from Haajat-e-Asliyah, and for a non-Haafiz, having more than one, is to have more than the Haajat-e-Asliyah. In other words, if the (extra) Mushaf Shareef costs

more than two hundred dirhams (i.e. the price to purchase a such a printed version of the Qur’an exceeds Nisaab), then (for him) to accept Zakaat is impermissible. [Jauhira, Raddul Muhtar, vol.2, pg.11]

Law 32: Medical Books for a Tabeeb (Physician, Doctor) are from Haajat-e-Asliyah, on condition that he studies them, and he finds the need to revert to them. Books of Arabic Syntax (Nahw), Etymology (Sarf), Astrology and Poetry Collections and story books etc. are not from Haajat-e-Asliyah. Books of Usool-e-Fiqh (Principals of Fiqh), Ilm Al Kalaam (Islamic Science of Scholastic theology), and books of Akhlaaq (Morals and Etiquette) such as Ihya Al Uloom and Kimya e Sa’adat etc, are from Haajat-e-Asliyah. [Raddul Muhtar, vol.2, pg.11]

Law 33: Those books which are in refutation of the unbelievers and in refutation of the budmazhabs (deviant sects), and those books which are in support of the Ahle Sunnat, are from Haajat-e-Asliyah. Similarly, if an Aalim keeps the books of Budmazhabs (deviants) etc. so that he may (use them) to refute them, then these too are from Haajat-e- Asliyah (for him), and for a non-Aalim, to even look (at such books) is impermissible.

9.The Wealth must be ‘Naami’ (i.e. it must have potential of growth)

In other words, it should be wealth (assets etc.) which grow (i.e. have potential of growth); whether growth may be in real form or constructively. In other words, if he wishes to grow (i.e. increase) it, then he should be able to, meaning that it may be in his possession or in the possession of the representative (i.e. his duly appointed agent).

The (Growth) of each is of two types:

1.If it has been purely created for this purpose. This (type) is known as Khilqi (its growth is natural), such as gold and silver. These have been created so that things can be purchased with them.

2. Alternatively, if it has not been really created for this purpose, this purpose can be attained by it. It is called Fe’li (not natural, i.e. artificial). Everything except gold and silver are Fe’li because trade grows everything.

Zakaat is Waajib absolutely, in gold and silver, if it is to the value of Nisaab, even if one has buried it away, and even if one has it for business purposes, or not. With the exception of this, Zakaat is Waajib on all other things, if they are intended for trade purpose (i.e. for business), or on livestock which is left to graze. Therefore, in conclusion, Zakaat is payable on three categories of assets:
1.Thaman, (here) meaning gold and silver

2.Assets (commodities) used for trade (i.e. trade goods)

3.Sa’imah1, in other words, livestock that is left to graze. [General Books, Shaami, vol.2, pg.13; Alamgiri, vol.1, pg.174]

Law 34: The Niyyat of trade (business) is sometimes explicit and sometimes by way of indication, i.e. intrinsically.

1: Sa’imah actually refers to livestock that is left to graze for most of the year, and the aim is to only acquire its milk and to breed its offspring, or to fatten it. More detail will follow in the section on Zakaat on livestock.

Explicitly, this is when the intention of the business is made when making the Aqd (contract, or doing the dealing), be this a contract of purchase or of Ijaarah1. The Thaman (price) should be the price in currency or something from ‘Asbaab’ (something derived from it, i.e. its product etc.).

Intrinsically, is when the goods are purchased for the sake of business, or a house which is for business purposes; and it was given on rent in lieu of the same ‘Asbaab.’ Therefore, this ‘Asbaab’ and that commodity, which has been purchased are regarded as being for business reasons, even though the intention of business was not made extrinsically. Similarly, if one took something from someone on credit, but it is for business, then this too is counted as being for a business purpose. For example, if one is the owner of two hundred dirhams (i.e. whatever is the current Nisaab) and he took on credit a mound full of wheat, so if it was not taken for business purposes, then the Zakaat on it is not Waajib, because the price of wheat will be deducted from the same two hundred.

Therefore, no Nisaab will be left, and if it is for business purposes, then Zakaat is Waajib, as the value of that wheat will be added to the two hundred dirham (i.e. to the current Nisaab threshold), and then from that total, the credit amount should be deducted, so two hundred dirham (i.e. Nisaab) will (still) remain, thus Zakaat is Waajib. [Alamgiri, vol.1, pg.174; Durr-e-Mukhtar, Raddul Muhtar, vol.2, pg.13]

 

 

 

1: Ijaarah refers to renting, leasing or taking on contract

Law 35: That contract (transaction) in which there is no transfer (i.e. exchange), such as Hibah (Gifting), Wasiyat (bequest), Man’nat (Vow) and Sadaqa (Charity), or even if there is (some kind of) exchange, but the exchange is not by means of wealth (Maal), such as in the case of Mahr (Dowry), the ‘Khula’1 alternative, and the ‘Atq’2 alternative. If one became the owner of anything (i.e. item) by way of these two contracts, then the Niyyat of business in this is invalid, in other words, even if the Niyyat (intention) of business is made, there is no Zakaat on it. Similarly, if one received such a thing as inheritance, then the Niyyat of business in this is also invalid. [Alamgiri, vol.1, pg.174]
Law 36: If the Muwar’rath (Testator) had traded goods (or money) for business, and after his death, the inheritors made the Niyyat of business, then in this case Zakaat is Waajib. Similarly, if one receives livestock that grazes, as inheritance, the Zakaat on it is Waajib, whether one wishes to keep them for grazing or not (i.e. breed them or not). [Alamgiri, vol.1, pg.174; Durr-e-Mukhtar, vol.1, pg.18]

Law 37: In making the Niyyat of Tijaarat (business/trading), the Niyyat should be present at the time of the contract (dealing), even if this is done extrinsically, i.e. by way of indication (Dalaalatan). If the Niyyat was made after the contract, Zakaat will not be Waajib. Similarly, If one purchased something just to keep it (i.e. for personal use), and he also said that if I get any profit (benefit from it), then I shall sell it, then in this case Zakaat is not Waajib on it. [Durr-e- Mukhtar, vol.2, pg.18/19]

 

1: That wealth (money etc) by way of which a marriage is dissolved.
2: That wealth (money etc.) by way of which a slave or handmaid is freed.

Law 38: If a person bought a slave with the intention of business, and then made the Niyyat of keeping him in his service (i.e. as a servant in his home etc.), and then (again) he made the intention of business, then in this case, it will not be regarded as business unless he does not sell him for such a commodity in which the payment of Zakaat is Waajib. [Alamgiri, vol.1, pg.174; Durr-e-Mukhtar, vol.2, pg.17]

Law 39: Zakaat is not Waajib on pearls and gemstones, even if they are worth thousands. However, if it is purchased with the intention of business (i.e. as trade goods), Zakaat is Waajib on them. [Durr-e- Mukhtar, vol.1, pg.18]

Law 40: Making the Niyyat of business in that which sprouts from the ground is not Waajib. This applies whether the land is ‘Ushri’ (in which one-tenth must be paid) or ‘Khiraji’ (taxed land), even if it his own property, or part of the public land, or if it is something which he has taken on rent. However, if the land is ‘Khiraji’ and he took it on ‘Aariyat’ (as loaned Property) or on rental, and he sold that which was for business purposes, then in this case the Niyyat of business in that which sprouted is correct, i.e. valid. [Raddul Muhtar, vol.2, pg.13/14]

Law 41: Whatever a ‘Mudharib1’ buys with the Maal, i.e. capital from his Mudharabat, even though he may not have the Niyyat of business, and even though he may have purchased it for personal expenditure, Zakaat is Waajib on it, to this extent that even if a slave is purchased with the ‘Maal’ (wealth) of Mudharabat, and if he purchased clothing for him to wear, and grain for him to eat, then all of this is actually for business purposes, and Zakaat on all this is Waajib. [Durr-e-Mukhtar, Raddul Muhtar, vol.1, pg.13]

10.Completion of a Year (i.e. a full year of Nisaab)

A year here refers to the Lunar year, in other words, 12 months based on the moon (lunar) month. If in the beginning of the year or at the end of the year, the Nisaab was complete (i.e. one was solvent) but in the middle of the year, there was a shortage of Nisaab (the minimum Zakaat threshold), then this shortage does not make any difference. In other words, the Zakaat will still be Waajib (at the end of the year). [Alamgiri, vol.1, pg.175]

Law 42: If one exchanged the trade goods for gold and silver with something of its own ‘Jins’ i.e. own kind2 (i.e. of the same category), or something of a different kind (i.e. different category), then due to this, there is no loss on the completion of the year. However, if one changed livestock, then the year has been cut, and now he will count the year from the day on which he changed it. [Alamgiri, vol.1. pg.175]

Law 43: If a person is Maalik-e-Nisaab (i.e. solvent person), and in the middle of the year (i.e. in the course of the year) he acquired something of the same type (i.e. the same type of commodity), then the year for the new goods is not counted as a separate year, but the end of the year of the initial goods (or cash etc.) is the same year

1: Mudharabat is a type of partnership in Shariah, in which from one end there is Maal (finance, goods etc.) and from the other end there is work, and both are partner to the profits. The one who carries out the work is called the Mudharib and whatever the owner gives is known as Raas Al Maal (i.e. payment of Mudharabat).
2: Gold and silver here is absolutely regarded as one ‘Jins’ i.e. of one kind (i.e. one category), similarly is the jewellery, utensils and other things (made from them), and the Maal e Tijaarat (i.e. business capital) will also be counted in the same ‘Jins’, no matter which type it is of, because its Zakaat is also paid based on the value of gold and silver.

ending for this as well, even if it was acquired a minute before the year ended, and it does not matter whether this asset was attained by means of the same initial commodity, or whether it was acquired by way of inheritance, or as Hibah (a gift), or by way of some other permissible means. However, if it is of a different type, for example; initially, he had camels and now he acquired goats, then he will count a new year for that. [Jauhira]

Law 44: If a Maalik-e-Nisaab acquired some Maal (i.e. cash, goods etc.), and he has two Nisaabs, and the year count for both the Nisaabs are separate, so the assets which he acquired in the middle of the year (i.e. in the course of the year), he should add it to those (assets), in other words to the Zakaat of the first one which was already Waajib. For example, if he had one thousand rupees, and the value of the Sa’imah which he already paid in Zakaat, so (in this case) both cannot be combined. However, if he acquired a further one thousand rupees in the middle of the year, then the Zakaat on that is when the year for the Zakaat of the first one amongst the two is counted. [Durr-e- Mukhtar, vol.2, pg.31/32]

Law 45: If one had grazing livestock and he paid the Zakaat on them at the completion of the year, and then he sold them for cash, and he also has in his possession capital (i.e. money) which is equal to the value of Nisaab, on which half a year has already passed, then in this case, this (newly acquired) capital (from sale of the livestock) will not be mixed (added) to the other amount. However, for the (newly acquired) amount, the New Year will commence at this time (i.e. when he acquired it after sale of the livestock). This will apply only when this is the value of it, and is equal to the amount of Nisaab, otherwise according to consensus he will add it to the older amount. In other words, the Zakaat for it will be paid with that of the old amount (i.e.

when the Zakaat for the old amount becomes due, then the Zakaat on this newly acquired amount will also be due). [Jauhira, Alamgiri, vol.1, pg.175]

Law 46: If before the completion of the year, one sold a Sa’imah for cash (i.e. money), then in this case he will add this cash to the earlier cash which he already has. In other words, when the year count for the first amount ends, then Zakaat on the (newly acquired) amount will also be paid. A new year will not be counted for this. Similarly, if he sold the animal in lieu of an animal, then that (newly acquired) animal will be added to the other animal which he already possesses. If he already gave the Zakaat for a Sa’imah and did not keep it as a Sa’imah any longer, and then sold it, then in this case he will add the Thaman1 to the older capital (amount etc.). [Alamgiri, vol.1, pg.175]

Law 47: If he sold camels, cows and goats, in exchange of one another before the completion of the year, then now, the year count for that (newly acquired animal) will be a new one. Similarly, if one sold it for something else with the Niyyat of trade, then a year from now, Zakaat will be Waajib on it, and if he sold it for its own class (same kind of thing), in other words, he sold a camel for a camel and a cow for a cow, the same rule will apply here as well. However, if he sold it after the completion of the year count, then the Zakaat has become Waajib (already) and it is his responsibility (to discharge it). [Jauhira]

 

 

 

1: Thaman is the value/price of something

Law 48: If one sold a Sa’imah in the middle of the year (i.e. in the course of the year), and before the year ended, the buyer returned it due to some defect in it; therefore, if he has returned it on the command of the Qadi, then the new year for it will not commence, otherwise the new year count will start from now. Also, if it was gifted to someone and it was then returned before the end of the year, a new year will be counted (from the date of return), and this will apply whether it is returned on the command of the Qadi, or if it was done personally. [Jauhira]

Law 49: If one was in the possession of Khiraji land and after paying the Khiraj, if he sold the land, then the Thaman (payment/price) will be added to the actual Nisaab (amount which he had). [Alamgiri, vol.1, pg.175]

Law 50: If one has in his possession cash, on which he has already paid Zakaat, and he then purchased grazing livestock with it, and he has in his possession animals of the same (Jins) class from before, then (in this case) he will not mix them (i.e. add them) to those (to calculate Zakaat, but they will be separate). [Alamgiri, vol.1, pg.175]
Law 51: If someone gave a person four thousand rupees as a gift (Hibah), and before the year ended, he acquired a further one thousand rupees, and the one who had initially given him the (monetary) gift, took it back on the command of the Qadi, then there is no Zakaat on the newly acquired rupees as well until a year does not pass over them. [Alamgiri, vol.1, pg.175/176]

Law 52: If someone has in his possession goats for business purposes, which are valued at two hundred dirhams (i.e. they reach the current Nisaab amount), and before the year ended, one goat died, and even

before the year ended, he skinned it and cooked (tanned) the skin (animal hide), then (in this case) the Zakaat is Waajib. [Alamgiri, vol.1, pg.175/176]. In other words, this will apply if the animal equals to the value of Nisaab.

Law 53: When giving (paying) Zakaat or when separating amounts (etc.) for Zakaat, making the Niyyat (intention for Zakaat) is a condition. The meaning of Niyyat here is that if someone asks you about it, then you should immediately without any hesitation be able to say that it is Zakaat. [Alamgiri, vol.1, pg.170]

Law 54: If one was giving out Khayraat (optional charity) for the entire year, and only now he makes Niyyat saying that whatever I have given is Zakaat, then (in this case) it is not valid, i.e. it is not discharged. [Alamgiri, vol.1, pg.170]

Law 55: If he (the owner of the Nisaab) appointed someone as his Wakil (Agent) and when handing over (the Zakaat) to him, if he did not make the Niyyat of Zakaat, but the Muwakkil (i.e. the one who gave the Zakaat), made the Niyyat of Zakaat when the Wakil had given it to the Faqeer (deserving person), then (in this case) it is regarded as being discharged. [Alamgiri, vol.1, pg.171]

Law 56: If when giving it (Zakaat) one did not make Niyyat for it, but he made the Niyyat afterwards, then if that cash (or goods) etc. is still in the possession of the Faqeer, (in other words, it is in his financial control), then this Niyyat is sufficient, otherwise not. [Durr-e- Mukhtar, vol.2, pg.14]

Law 57: If one appointed someone as a Wakil (agent) and he handed the amount (etc.) over to the Wakil with the Niyyat of Zakaat, but the Wakil did not make the Niyyat of Zakaat when giving it to the Faqeer, it is still regarded as being discharged. Similarly, if the Zakaat amount was given to a Zimmi (i.e. an unbeliever who is the responsibility of a Muslim State), asking him to hand it over to a Faqeer, and he made the Niyyat whilst giving it to the Zimmi (to discharge it for him), then this Niyyat is sufficient. [Durr-e-Mukhtar, vol.2, pg.14]

Law 58: When handing it over to the Wakil if one said that it is Nafil Sadaqa (optional charity) or Kaffarah (compensation amount), but before the Wakil handed it over to the Faqeer, he (the owner) made the Niyyat of Zakaat, (then in this case) it will be regarded as Zakaat, even if the Wakil gave it to the Faqeer with the Niyyat of Nafil or Kaffarah. [Durr-e-Mukhtar, vol.2, pg.14]
Law 59: If one person was made the Wakil (the agent) of many Zakaat payers, and he has mixed all their Zakaat together, he will have to give ‘Tawaan’ (a claim against him, i.e. damages/compensation), and whatever he has given to the Faqeers, is now simply a contribution, in other words, he will not receive any compensation from the owners (of the Zakaat) or from the Faqeers. However, if before he gave it to the Faqeers (insolvent person / legal recipient of Zakaat), the owners permitted him to mix (all their Zakaat collectively), then he is not liable for the Tawaan. Similarly, if the Faqeers have also made him the Wakil of receiving their Zakaat, and he mixed it, then he is not responsible for Tawaan, but at that time it is important to note that if he is the Wakil of only one Faqeer, and he receives Zakaat from few places, to the extent that when it is all put together it adds up to the amount of Nisaab, so now the one who knowingly gives him Zakaat, his Zakaat will not be discharged.

Alternatively, in the case where he is the Wakil of few Faqeers, and he received such a sum of Zakaat that the share of every (Faqeer) reaches the threshold of Zakaat, then in this case, it is impermissible to give Zakaat to that Wakil. For example, if he is the Wakil of three Faqeers and he received six hundred Dirhams (i.e. three times whatever is the threshold of Zakaat currently, as two hundred dirhams has been given as an example, as it used to be the stipulated threshold at that time), meaning that the share of every (Faqeer) is two hundred Dirhams which is the Nisaab, and if he received less than six hundred Dirhams, then, in this case, none of them have received equal to the threshold of Zakaat. Alternatively, if every Faqeer made him his Wakil independently, then in this case the collective amount will not be taken, but what will be seen is how much each one of them received (independently). In this situation, it is impermissible to mix them together without the permission of the Faqeers, but if he mixes them, the Zakaat will still be discharged, and he will give Tawaan to the Faqeers, but if he is not the Wakil of the Faqeers, then it can be given to him, no matter how many Nisaabs are kept collectively by him. [Raddul Muhtar, vol.2, pg.14/15]

Law 60: For the trustees of numerous Waqf bodies to mix the income of one (body) into that of the other is not permissible. Similarly, ‘a Dalaal’ (i.e. a broker) is not permitted to mix the money of Thaman and that of sales together1. Similarly, if financial assistance was sought for a few Faqeers (i.e. more than one), then it is impermissible to mix them up without their permission.

1: In other words, for the broker to mix the amount of a purchased item, or the purchased commodity together.

Likewise, it is impermissible for the one who grinds flour to mix the people's wheat (i.e. if many people have given him wheat to grind), except at some place where to do this is the ‘Urf,’ i.e. the accepted norm, as in such a place to do this is permissible, and in all these cases, he will give Tawaan. [Khania]

Law 61: If the Muwakkils (those who appointed him an agent) did not extrinsically (i.e. clearly) give permission for him to mix them up together, but the norm to do so is such that the Wakils mix them up, then this too will be regarded as (a form of) permission, on condition that the Wakil is aware of this norm. However, a broker is not permitted to mix them, because for this, there is no norm. [Raddul Muhtar, vol.2, pg.14]

Law 62: The Wakil has the choice (right) of giving the amount of Zakaat to his son or wife, if they are Faqeer (deserving of Zakaat), and if the son is Na-Baaligh, then in order to give it to him, the Wakil himself must qualify as a Faqeer. Additionally, he is only permitted to give this to his son or wife, if with the exception of them, the Muwakkil (i.e. the one who appointed him the Wakil) has not stipulated a particular person to whom he should give it (the Zakaat) to, otherwise if he has, he cannot give it to them. [Raddul Muhtar, vol.2, pg.14/15]

Law 63: The Wakil does not have the free will (i.e. option) to take it for himself unless the one who has given the Zakaat says to him that he may utilise it wherever he wishes to, (then in this case) he can take it. [Durr-e-Mukhtar, vol.2, pg.15]

Law 64: If the one giving the Zakaat did not order him to do so (i.e. to pay the Zakaat on his behalf), but he gave it by himself, the Zakaat is not discharged, even though he has now permitted it. [Raddul Muhtar, vol.2, pg.14]

Law 65: If the one giving the Zakaat gave the Zakaat money to the Wakil and the Wakil kept it, and he gave his own money to pay the Zakaat, then this is permissible. If his intention is that in lieu of this, I will take the money of the Muwakkil, and if the Wakil first spent that money, and then gave his money to fulfil the Zakaat, the Zakaat has not been discharged. However, this will be regarded as merely being a contribution, and he will give Tawaan to the Muwakkil. [Durr-e- Mukhtar, Raddul Muhtar, vol.2, pg.15]

Law 66: The Wakil of Zakaat has the free will (i.e. the option) to make another person Wakil (The Responsible Agent) without the permission of the Maalik (owner). [Raddul Muhtar, vol.2, pg.15]

Law 67: If someone said, ‘If I enter into this house, then for the sake of Allah I have to give this hundred rupees (Rands, dollars etc.) in Khayraat (charity),’ and he then entered (that house), but when entering he made the Niyyat that, ‘I will give it as Zakaat, then (in this situation) he cannot give it as Zakaat.’ [Alamgiri, vol.1, pg.171]
Law 68: If one was holding the Zakaat money in his hand and the Faqeers grabbed it from his hand and fled, the Zakaat has been discharged. Alternatively, if it fell from his hand and the Faqeers picked it up, then if he recognises him (as being a rightful recipient) and is fine with this, and the money was not wasted, it will be discharged. [Alamgiri, vol.1, pg.183]

Law 69: If that which has been entrusted to a person who is in a position of trust (An Ameen) is lost, and he gives some money to the owner to eliminate any contention, and in doing so if he made the intention of Zakaat, and the owner is also a Faqeer, the Zakaat will still not be valid (i.e. not discharged). [Alamgiri, vol.1, pg.171]

Law 70: By simply separating (keeping aside) the amount (or goods) with the Niyyat of Zakaat will not absolve one of this responsibility, until he does not give it to the Faqeers (i.e. to the rightful recipient), so much so, that if that amount is depleted, the Zakaat will not be waived. Alternatively, if he dies, that money (which he kept aside) will be regarded as part of the inheritance to his heirs. [Durr-e-Mukhtar, Raddul Muhtar, vol.1, pg.15]

Law 71: On completion of the year, if one gave all his Nisaab away as Khayraat (optional charity), even if he did not make the Niyyat of Zakaat, but rather he made the Niyyat (intention) of Nafil, or if he did not make any Niyyat, the Zakaat has been fulfilled. However, if he gave all away to Faqeers and he made the Niyyat of Man’nat (fulfilment of a vow) or some other Waajib Niyyat, then giving it away is allowed. However, he is still liable for the Zakaat because it has not been waived, and if he only gave a portion of the wealth as Khayraat, then the Zakaat for that portion has not been waived, but he is still liable for its payment. Alternatively, if all of his wealth has been lost, then the Zakaat for all of it has been waived (i.e. it is maaf and he is not liable for its payment), and if a portion of it was lost, then the Zakaat for the lost portion is waived and the Zakaat on the remaining wealth is Waajib, even if it is not equal to the threshold of Zakaat. Being lost means that it was lost without his own doing; for example, it was stolen, or if had given a loan or lent it to someone and he refuses (to pay it) and there are no witnesses to this, or if he died and

did not leave behind anything in his estate. However, if it is something caused by his own doing; for example, if he spent it, or if he threw it away, or if he gifted it to a wealthy (solvent) person (to a non-Faqeer) then (in this case) the Zakaat is still Waajib upon him as normal. A single cent will not be waived, even though he is now completely insolvent. [Alamgiri, vol.1, pg.171; Durr-e-Mukhtar, vol.2, pg.15]

Law 72: If the Faqeer owed someone, and he pardoned (wrote off) the entire loan, the Zakaat has been waived (on that amount), and if he pardoned (wrote off) a portion, then the Zakaat for that portion is waived, and if in this case, he makes the Niyyat that all should be included as Zakaat, then this will not be counted. If he was owed by a solvent person, and he pardoned all of it, the Zakaat is not waived, but he is still responsible (for its payment). If a Faqeer owed him and he pardoned all of it and made a Niyyat that, ‘This is the Zakaat for what such and such person owes me,’ then in this case the Zakaat will not be discharged. [Alamgiri, vol.1, pg.171; Durr-e-Mukhtar, vol.2, pg.15/16]

Law 73: If someone owed a person some money and he asked a Faqeer to collect it from that person, and then made the Niyyat of Zakaat for this, then after the Faqeer takes it into his possession the Zakaat is discharged. If the Faqeer owes him some money, and he wishes to give this money as Zakaat for his capital, in other words, he wishes to pardon it and so that it should become the Zakaat for his Maal (i.e. capital on which he is liable for Zakaat), then this cannot be done.

Note: In this entire translation, solvent or wealthy person will refer to one who is owner of Nisaab and insolvent will refer to one who is not the owner of Nisaab, i.e. the faqeer. [Razvi Noori]

However, he may give him his Zakaat amount (or goods etc.) and he may take from that whatever is owed to him, and if he refuses to pay (what is owed), he may take hold of his hand and snatch it (that amount which is owed to him). Alternatively, if he is not able to get it back even in this manner, he should present a case before the Qadi, saying that he is in possession of it (i.e. the said amount), but is refusing to pay. [Durr-e-Mukhtar, vol.2, pg.16]

Law 74: Zakaat money (funds) cannot be used for Burial and Kafan etc. of a deceased or for constructing a Masjid, because in this case the (condition of) ‘Tamleek-e-Faqeer’ (making an insolvent Muslim owner of the Zakaat) is non-existent. If one wishes to spend for these purposes, then the manner to do so, is to make the Faqeer the Maalik (owner of the Zakaat), and he should spend (i.e. give) it (for this good purpose), and by doing so, both will receive Thawaab (reward) for it. It has been mentioned in the Hadith that if Sadaqa (charity) passes through a hundred hands, then all will receive the same Thawaab (reward), as the one who initially gave it, and there is no shortage in his reward. [Raddul Muhtar, vol.2, pg.16]

Law 75: To give Zakaat openly, by announcing it is ‘Afdal’ (more virtuous), and to give Nafil Sadaqa secretly is Afdal (more virtuous). [Alamgiri, vol.1, pg.171]. The reason for it being (Afdal) to announce the Zakaat contribution is that by giving it secretively, it causes people to falsely accuse you or have misconceptions (that you did not pay your Zakaat), and announcing it will also encourage and inspire others (to pay their Zakaat), as they will see you doing this, and they too will attempt to do so. However, it is very important that there should be no boasting in this, because the Thawaab (reward) will be lost, and this (boasting) is really a sin, and the one who does this, is deserving of punishment.

Law 76: When giving (i.e. paying) the Zakaat, it is not necessary to mention to the Faqeer that it is Zakaat, but simply making Niyyat of Zakaat is sufficient. If when giving it to him one says that it is a gift or that it is a loan, but one makes the Niyyat of Zakaat, then the Zakaat is still discharged. [Alamgiri, vol.1, pg.171]. Similarly, if one gave the money saying that it was a present, or money to buy Paan (betel leaf) or for sweets for the children, or Eidi (Eid gift), it will still be discharged. There are some needy people who are not comfortable with taking Zakaat money (even though they are deserving of it), so if they are told that it is Zakaat, they will not accept it, thus you should (in this situation) not mention (to them) the word Zakaat.

Law 77: If one did not discharge his Zakaat and has now become ill, then (in this case) he should give it secretively by (hiding) this from his heirs. Alternatively, if he had not given it as yet and now wishes to give it, but he has no money to do so, and he wishes to take a loan to pay (the Zakaat), then in this situation if he is certain (i.e. there is predominant likelihood) that he will be able to pay off the loan, then it is better for him to take the loan and pay off the Zakaat. Otherwise, he should not do so, because in this regard the rights towards the servants (people) is more intense compared to the rights towards Allah. [Raddul Muhtar, vol.2, pg.17]

Law 78: A Maalik-e-Nisaab may pay (his Zakaat) even before the completion of the year, on condition that he is still the owner of that amount of Nisaab at the completion of the year. Alternatively, if at the completion of the year, he did not remain Maalik-e-Nisaab, or if that capital (i.e. amount) of Nisaab was completely lost during the course of the year, then whatever he gave (in the beginning) will be counted as Nafil, and one who is not the owner of Nisaab cannot give Zakaat. In other words, if in future he becomes the owner of Nisaab, then

whatever he gave before this will not be deducted (calculated) from his Zakaat. [Alamgiri, vol.1, pg.172]

Law 79: If a Maalik-e-Nisaab wishes to pay the Zakaat for few Nisaabs in advance, he may do so. In other words, if he is the owner of one Nisaab at the beginning of the year, and he gave the Zakaat of two or three Nisaabs, and at the completion of the year he became the owner of as many Nisaabs for which he already paid the Zakaat, then the Zakaat for all has been fulfilled. Additionally, if until the completion of the year he remained the owner of only one Nisaab, and he acquired more only after the completion of the year, then this Zakaat will not be deducted from it. [Alamgiri, vol.1, pg.176]

Law 80: A Maalik-e-Nisaab can also pay the Zakaat for few years in advance. [Alamgiri, vol.1, pg.176]. Hence, it is advisable that one should give a little at a time towards payment of Zakaat, and at the end of the year one should do the calculation, and if the Zakaat has been fully discharged, then well and good, and if there is some shortage, then it should now be immediately paid, without any delay, because delaying (payment of Zakaat) is impermissible. It is also not allowed (once it is due) to pay a little at a time, but whatever is the shortfall should be paid immediately, and if one paid a bit more, then it should be included in the Zakaat of the following year.

Law 81: If a person is the owner of one thousand and he gave Zakaat for two thousand with this Niyyat (intention) that, if by the completion of the year, I acquired another one thousand, then this is the Zakaat for that, otherwise it will be taken into account (i.e. deducted) from the Zakaat of the following year, then to do so is permissible. [Alamgiri, vol.1, pg.176]

Law 82: If one is under the impression that he has five hundred rupees, and thus gave the Zakaat for five hundred rupees (Rands / dollars etc.), but later he realises it was only four hundred, then whatever he gave extra, he may calculate and deduct from the next year. [Khania]

Law 83: If a person has both gold and silver, and before the completion of the year, he gave the Zakaat for one of them, then it is regarded as the Zakaat for both (i.e. towards payment for Zakaat of both as they are from the same type). In other words, if in the middle of the year (i.e. in the course of the year) one of it was lost, even if it is the one for which he intended the Zakaat, this then becomes the Zakaat for that which is remaining. Alternatively, if he has cows, goats and camels all to the value of Nisaab, and in the beginning he already paid the Zakaat for one of them, then in this case it is the Zakaat of what he intended to pay it for, and not for the others. In other words, if he intended the Zakaat for one thing (i.e. cows) and in the course of the year its Nisaab was depleted, it will not be counted as being the Zakaat for the others (i.e. for the goats and camels). [Alamgiri, vol.1, pg.172]

Law 84: If a Faqeer who was given Zakaat in the course of the year became solvent at the completion of the year or if he died, or if (Allah forbid) he became a murtad (apostate), this will not affect the Zakaat in any way. It has been fulfilled.

Note: In this entire discussion on Zakaat wherever the words ‘completion of the year’ is mentioned, it refers to completion of a Zakaat year of an individual. For example, if a person became Saahib e Nisaab (Possessor of Threshold as per Shar’i stipulation) on the 1st of Ramadaan, then the completion of his year for that Nisaab is the following Ramadaan. This differs for every person, depending on when he first becomes Saahib e Nisaab. [Razvi Noori]

If the person on whom Zakaat is Waajib died, the Zakaat is waived, in other words, it is not necessary to give Zakaat from the wealth (he left behind).

However, if he made a Wasiyat (in this regard), then the Wasiyat (bequeath) can be fulfilled from one-third of his wealth, and if the sane adult heirs agree, then the Zakaat can be paid from his entire wealth. [Alamgiri, vol.1, pg.176]

Law 85: If one has a doubt as to whether he gave Zakaat or not, then in this case he should give it now. [Raddul Muhtar, vol.2, pg.17]

ZAKAAT ON SA’IMAH (GRAZING LIVESTOCK)

Sa’imah, refers to that animal (livestock) which is left to graze freely for most of the year, and the aim is to only acquire its milk and to breed (i.e. take) its offspring, or to fatten it. [Tanweer, vol.2, pg.20]

If one brings home grass (hay) to feed it, or if the aim is to keep it (the animal) to carry loads, or for ploughing (etc.) or for any other such work, or to use it for riding, then in this case even if it spends its time grazing, it will not fall under the category of a Sa’imah, and Zakaat on it is not Waajib. Similarly, if it is kept to use its meat for eating, it is not Sa’imah, even though it may graze in the open (pastures etc). Likewise, an animal which is for trade purposes (business purposes), is also not counted as being Sa’imah, but its Zakaat will be paid based on its price (value). [Durr-e-Mukhtar, Raddul Muhtar, vol.2, pg.20]

Law 1: If it grazes (freely) for six months and is fed hay for six months, it is not counted as Sa’imah, and if the intention was to feed it hay or to use it for some work, but one did not do this, and the year was completed, then the Zakaat on it is Waajib. Alternatively, if it was for trade (business) purposes, and it was kept grazing for six months or more, then until one does not make the Niyyat that it is Sa’imah, simply leaving it to graze (freely) will not qualify it as a Sa’imah. [Alamgiri, vol.1, pg.176/177]

Law 2: If it (the animal) was purchased for trade purposes, and was then made Sa’imah, the time of Zakaat is calculated from that time (when it was intended as Sa’imah), and not from the time when he purchased it. [Durr-e-Mukhtar, vol.2, pg.21]

Law 3: If before the completion of the year, the Sa’imah was sold in exchange of something, then if this commodity is something on which Zakaat is Waajib, and he did not have the Nisaab of that thing from previously, then the Zakaatable year for that commodity will commence from that time (when it came into his possession). [Durr-e- Mukhtar, vol.2, pg.21]

Law4: There is no Zakaat on an animal which is made Waqf (i.e. a Shar’i endowment), and on horses used for Jihad. Similarly, there is no Zakaat on a blind animal or an animal whose fore or rear legs are cut off (severed). However, if a blind animal lives on grazing, (Zakaat) on it is Waajib. Likewise, if there is shortage in the Nisaab, and one has a blind animal, that if adding it (to his assets) it will complete the Nisaab, then the Zakaat is Waajib. [Alamgiri, vol.1, pg.177/178; Shaami, vol.2, pg.21]

Zakaat is Waajib on three types (i.e. categories) of animals, on condition that they are Sa’imah:

1.Camels
2.Cows (Cattle)
3.Goats (sheep fall in same category)

Hence, the remaining rules will be explained after explaining their Nisaab in detail.

 

ZAKAAT ON CAMELS

It is in Sahihain (i.e. Bukhari & Muslim) from Abu Sa’eed Al Khudri ؓ
that Rasoolullah ﷺ said, ‘There is no Zakaat on less than five camels.’

The detailed explanation of this is present in that Hadith of Sahih Bukhari, which is reported by Hazrat Anas ؓ.

Law 1: Zakaat is not Waajib on less than five (5) camels, and when one has more than five (5) (camels), but less than twenty-five (25), then for every five (5), one (1) goat is Waajib (as Zakaat). In other words, for every five camels (below twenty-five) is one (1) goat, and if one has ten (10) camels then it is two goats (as Zakaat), based on this analogy. [General Books, Alamgiri, vol.1, pg.177]

Law 2: The goat (sheep) given as Zakaat must not be less than a year in age. One may give a buck/billy (i.e. male goat) or a doe/nanny (i.e. a female), the choice is his. [Raddul Muhtar, vol.2, pg.22]

Law 3: That which is between two Nisaabs is ‘Afu’ (absolved, i.e. not Zakaatable), in other words, there is no Zakaat on that. For example, if one has seven or eight camels, the Zakaat is still one goat. (Meaning that if it is between five and ten it is still one goat. It will only become two after it reaches ten). [Durr-e-Mukhtar, vol.2, pg.22]

Law 4: If one has twenty-five (25) camels then he will give (in Zakaat) one (1) Bint Makhadh, in other words, a baby she-camel which has reached one year of age and is in its second year. This ruling is applicable for up to thirty-five (35), meaning one Bint Makhadh will be given. If one has thirty-six (36) to forty-five (45) camels, then the Zakaat is one Bint Labun, meaning a baby she-camel which has

reached the age of two years, and is in its third year. For forty-six (46) to sixty (60) camels, one must give one ‘Hiqqah’, meaning a she- camel which has already reached the age of three and is in her fourth year. For sixty-one (61) to seventy-five (75) camels, one must give one Jaz’ah, meaning a four year she-female camel, which is in its fifth year. For seventy-six (71) to Ninety (90) camels, one must give two Bint Labun. For ninety-one (91) to one hundred and twenty (120) camels, he must give two Hiqqah. Thereafter for up to one hundred and forty- five (145), one will give two Hiqqah, and for every further five (5) one will give one (1) goat. For example, for one hundred and twenty-five
(125) camels, he will give two (2) Hiqqah and one (1) goat, and for one hundred and thirty camels (130), he will give two (2) Hiqqah and two
(2) goats, and so on and so forth, based on this analogy. Then, for one hundred and fifty (150) camels, he will give three (3) Hiqqah. If he has more than this, then he will do as he did in the beginning, meaning for every five (5), he will give one (1) goat, and for every twenty-five (25) he will give one (1) Bint Makhadh, and for every thirty-six (36) he will give one (1) Bint Labun. This is the ruling for up to one hundred and eighty-six (186), and actually right up to one hundred and ninety-five (195). In other words, for this many he will give three (3) Hiqqah and one (1) Bint Labun. Then, for one hundred and ninety-six (196) to two hundred (200), is four (4) Hiqqah, and he also has a choice of giving five (5) Bint Labun. Then, after two hundred (200), the same system will be used which is the system used after one hundred and fifty (150), meaning for every five (5), is one goat, for twenty-five (25) is one (1) Bint Makhadh, for thirty-six (36) is one Bint Labun.

 

Note: In other words, for one hundred and thirty-five camels are two Hiqqah and three goats, in one hundred and forty are two Hiqqah and four goats, and in one hundred and forty-five are two Hiqqah and one Bint Makhadh. [Durr-e-Mukhtar, vol.2, pg.23]

Then from two hundred and forty-six (246) up to two hundred and fifty (250), is five (5) Hiqqah, and the rest is based on this analogy. [General books, Durr-e-Mukhtar, vol.2, pg.22/23]

Law 5: In (paying) the Zakaat on camels, when a one year, two, three or four year old baby camel is given, it is necessary that it should be a she-camel (i.e. female). If a he-camel (i.e. male) is given, then it should be equal to the value of a she-camel, if not it will not be taken (i.e. it will not be accepted as payment).

ZAKAAT ON COWS (CATTLE)

Abu Dawud, Tirmizi, Nasa’i and Daarimi report from Muadh ibn Jabl ؓ that when Nabi Kareem ﷺ appointed and sent him as the Governor of Yemen, He ﷺ said (to him), ‘For every thirty cows (cattle) take one ‘Tabee’ or ‘Tabee’a and for every forty take out one Musin or Musin’na.’

A similar Hadith is mentioned in another narration of Abu Dawud from Ameer ul Mo’mineen Maula Ali وﺟہہ اﷲ م� and in that narration it is also mentioned that there is no Zakaat on work animals (i.e. animals used for work purposes like carrying loads etc.).

Law 1: If there are less than thirty (30) cows, then Zakaat is not Waajib (compulsory, i.e. payable) on them, and when one has full thirty (30) cows, then the Zakaat for them is one (1) Tabee’, meaning a one-year old calf (male i.e. bull), or one (1) Tabee’a meaning a one- year old calf (female i.e. cow). For forty (40) cows, the Zakaat is one (1) Musin, in other words, a two-year-old calf (male, i.e. bull) or one (1) Musin’na, meaning a two-year-old calf (female, i.e. cow). This rule applies for up to fifty-nine (59). Then for sixty (60) cows, the Zakaat is two (2) Tabee’ or two Tabee’a. Then for every thirty (30) thereafter there is one (1) Tabee’ or one (1) Tabee’a, and for forty (40) there is one (1) Musin or Musin’na. For example, in seventy (70) there is (Zakaat of) one (1) Tabee’ and one (1) Musin, and in eighty (80) are two
(2) Musin, and thereafter based on this same analogy. In which there can be both thirty (30) and forty (40), one has the choice of either giving the Tabee’ or the Musin in Zakaat. In other words, in one hundred and twenty (120), one has the choice of either giving four Tabee’ or three Musin. [General Books, Durr-e-Mukhtar, vol.2, pg.24]

Law 2: A water-buffalo (i.e. which is called ‘Bhens’ in the Indo-Pak sub-continent) falls within the same ruling (i.e. category) as cows. If one has both cows and water-buffalos, they will be combined in (calculating) Zakaat. For example, if one has twenty (20) cows and ten
(10) buffalos, Zakaat has become Waajib. Whey paying their Zakaat, the calf of the one which is more in number will be taken. In other words, if the cows are more, the calf will be taken from the cows and if the water-buffalo are more in number, then it will be taken from the water-buffalos. If neither is more in number, chose the one which is of medium quality, i.e. not as good as the best quality, but one which is better than the lowest quality. [Alamgiri, vol.1, pg.178]

Law 3: One has a choice when dispensing the Zakaat of cows and water-buffalos. He may either pay the Zakaat using a male or a female, but it is Afdal (more virtuous) to give a female calf if the cows are more, and if the bulls are more, then a male calf should be given. [Alamgiri, vol.2, pg.178]

ZAKAAT ON GOATS

It is in Sahih Bukhari Shareef from Anas ؓ that when Siddique e Akbar ؓ appointed and sent him to Bahrain, he wrote the obligations of Sadaqa (charity) which were stipulated by Rasoolullah ﷺ. In it is also the Nisaab of goats, that neither an old female goat, nor a defective goat, nor a male goat should be taken. However, if the Musad’diq (one who is collecting the Sadaqa, i.e. Zakaat) wishes to, then he may accept (i.e. take) these. Also, due to the fear of (paying Zakaat), neither should the individual ones be combined, and nor should the combined be separated.

Law 1: If one has less than forty (40) goats, then the Zakaat is not Waajib, and if one has forty (40) goats, the Zakaat for it is one (1) goat, and this is the ruling for up to one hundred and twenty (120). In other words, for up to one hundred and twenty (120) goats, the Zakaat is one
(1) goat, and if one has one hundred and twenty one (121) goats, then the Zakaat is two (2) goats. In two hundred and one (201), the Zakaat is three (3) goats; in four hundred (400), the Zakaat is four (4) goats, and thereafter, there is one (1) goat on every one hundred (100) goats, and whatever is between the two Nisaabs is exempted. [General Books, Durr-e-Mukhtar, vol.2, pg.25]

Law 2: In Zakaat, one has the option of either giving a male goat or a female goat, whichever it may be, it should not be younger than one year in age. If it is less (than one year in age), then it will be given according to the value. [Durr-e-Mukhtar, vol.2, pg.25]

Law 3: Sheep are considered in the category of goats, so if the Nisaab is not completed by one, the other can be mixed to make up the Nisaab, and it can be given as Zakaat as well, but it should not be

younger than a year old (i.e. if there are thirty-eight goats and two sheep available, you can combine the sheep with the goats, to make up the Nisaab of forty). [Durr-e-Mukhtar, vol.2, pg.25]

Law 4: In animals, the lineage is from the mother, so if a young is born from a buck and a goat, then the child will be considered to be from the goats, and if there is one animal short in completing the Nisaab (of the goats), then this young will be mixed with them to complete the count. If the young is from a male goat and a deer, then this will not be done. Similarly, if the young are the offspring of a female white antelope1 and an ox, it will not be counted as a cow. However, if it is from a male white antelope and from a cow, it is counted as a cow. [Alamgiri, vol.1, pg.176]

Law 5: Those animals on which Zakaat is Waajib should be at least a year old. If all of them are younger than a year old, then the Zakaat is not Waajib (on them), but if even one of them is a full year old, then all of them will be counted according to that one, and Zakaat will become Waajib. For example, if one purchased forty young goats that are each less than a year in age, then from the time of purchase until they reach a year, there is no Zakaat on them, because at that time they did not qualify to be counted for Nisaab, but the year will be counted from the moment the first one of them reaches a full year in age.

 

 

 

1: White Antelope is also known as the Asian Antelope, and commonly known as the Nilgai. [Razvi Noori]

Similarly, if he (the owner) already had in his possession goats which equal the Nisaab, and after six months passed, they had forty young ones, and the goats then diminished (in number) and only the young were left, then now on completion of that year, these young ones do not qualify in Nisaab, so the Zakaat on them is not Waajib. [Jauhira]

Law 6: If a person has camels, cattle and goats, but all of them are less than the Nisaab, or if some are less in Nisaab, then in this case they will not be mixed (with the others) to complete the Nisaab, and the Zakaat will not be Waajib. [Durr-e-Mukhtar, vol.2, pg.46, etc.]

Law 7: In (paying) Zakaat, the average animal (i.e. the average sized animal) will be taken. One should not pick and take the best (quality animal). However, if he has all good animals, then this should be taken. A pregnant animal and the one which has been fattened for eating purposes should not be chosen. Neither should that female be chosen which is suckling its young. A male goat should not be taken. [Alamgiri, vol.1, pg.177; Raddul Muhtar, vol.2, pg.30]

Law 8: If one does not have the animal of the age which is Waajib upon him to give, but he has an animal which is older than that, he should give that away, and take in return whatever is extra. However, it is not Waajib upon the person who is collecting the Sadaqa (Zakaat) to accept it. If he does not accept it and he demands the animal which is Waajib on him, or if he asks for its value, then he has a choice in this matter. If one does not have the animal of the age which is Waajib upon him, but he has younger than that, then he should give that away (as Zakaat) and whatever is less, he should give the value of it, or he can give the amount of that animal which is Waajib upon him. He may do either of the two. [Alamgiri, vol.1, pg. 177]

Law 9: There is no Zakaat on horses, donkeys and mules, even if they are kept grazing. However, if they are kept for business purposes, then in this case their value (amount) must be calculated and one-fortieth must be given in Zakaat (i.e. 2.5 %). [Durr-e-Mukhtar, vol.2, pg.25/26 etc.]

Law 10: There is no Zakaat on that which is pardoned (exempted) between two Nisaabs. In other words, if after the completion of a year, if that which is in-between (i.e. the exempted number) is even lost, it will not make any impact or difference on the Zakaat, and if after it (Zakaat) becomes Waajib, if the Nisaab is lost, then even the Zakaat for this falls away (i.e. is waived). Also, the loss will first go towards that which is pardoned, and if something remains after this, then it will be from the Nisaab which is similar to it. Additionally, if it is still remaining (i.e. if is still due), then it will be from that Nisaab which is similar, and so on and so forth, based on this analogy. For example, if a person had eighty goats and forty died, so even now one goat is still Waajib (as Zakaat), because the next forty after the initial forty is exempted. If from forty camels fifteen died, then one Bint Makhadh is Waajib, because in forty, four are exempted, so this will be subtracted, and thereafter is the Nisaab of thirty-six, and even that is not sufficient, so eleven more should be subtracted, then twenty-five will remain, thus the ruling in this case is of one Bint Makhadh, and it is this which will be given (as Zakaat). [Durr-e-Mukhtar, Raddul Muhtar, vol.2, pg.27, etc.]

Law 11: If two goats are Waajib in (payment of) Zakaat, but if one gave one fat goat which in value is equivalent to two (average) goats, then the Zakaat is fulfilled. [Jauhira]

Law 12: If on completion of a year, if the Maalik e Nisaab himself destroyed his Nisaab, the Zakaat will not be waived. For example, he did not give the animals’ food and water and they died, then in this case he will still have to pay the Zakaat. Similarly, if someone owed him money and the person who owes him is wealthy (solvent), and after completion of a year, if he forgave the debt, then this is also regarded as destroying your own Nisaab, so he will still have to give Zakaat. However, if he was insolvent (poor) and he forgave the debt, then in this case the Zakaat is waived. [Durr-e-Mukhtar, vol.2, pg.50]
Law 13: After the year has ended (i.e. after completion of the Nisaab year), if a Maalik e Nisaab gave a loan, or gave something on loan or if he sold the trade goods in lieu of trade goods, and the one whom he has given this to has rejected this (i.e. he is saying it never happened), and he (the Maalik) now has no evidence (to prove this), or if he died and did not leave behind any inheritance (i.e. estate), then this does not fall within the category of destroying it (i.e. self-loss). Hence, the Zakaat has fallen away (i.e. it is now waived); alternatively, if after the completion of the year (Nisaab year), he sold the trade goods in lieu of non-trade goods, meaning the item which he took in lieu of it, was not for a business purpose; for example, he bought a slave for his services, or clothes to wear, or if he sold a Sa’imah in exchange for a Sa’imah, but the person is refusing this (i.e. he says the sale never happened), and he also has no witnesses (to this sale), or if he died and did not leave behind any inheritance, then this too is not counted in the category of being destroyed (i.e. lost), but it is something in which he caused the loss, so the Zakaat in this is Waajib. If on completion of the year (Nisaab year), he gave the trade goods as Mahr (Dowry) to his wife, or if a woman took Khula from her husband in lieu of her Nisaab, Zakaat must still be given. [Durr-e-Mukhtar, Raddul Muhtar, vol.2, pg.28/29]

Law 14: He had Rupees/Ashrafis (i.e. money) in his possession over which a year has passed, but he has not given the Zakaat on it as yet, and in exchange for that he purchased some item for business, and that item is lost (i.e. he incurred loss), then in this case the Zakaat is void, unless he bought it at such a high price, that due to such loss, people will not purchase it, then the extra amount which he paid, over and above its actual price will still be Zakaatable and the Zakaat for that will not fall away, because in this case he actually caused the loss. If it is not intended for business purposes; for example, if he bought a slave for serving him and he died, then the Zakaat on that amount (money) will not be void. [Raddul Muhtar, vol.2, pg.28]

Law 15: If the Muslim Ruler (even though he may be unjust or a dissident) takes the Zakaat of the Sa’imah, or if he collected the Ushr, and he used it for the appropriate purpose, then there is no need to repay it. Alternatively, if it was not used for the appropriate purpose, then it must be repaid, and if he collected Khiraj, then there is absolutely no need to repay it. [Durr-e-Mukhtar, vol.2, pg.32]

Law 16: If the Sa’imah was sold in front (i.e. in the presence) of the ‘Musad’diq’ (one who collects the Sadaqa/Zakaat), then the Musad’diq has the choice of taking from it the amount which is for Zakaat, and in this case the sale will be complete. Alternatively, if he wishes he may take that animal which is Waajib (in Zakaat), and the animal which he took at that time will cause the sale to become ‘Bai’ Baatil’ i.e. an annulled sale (i.e. an improper sale) for him (i.e. for the buyer). If the Musad’diq was not present there, but he arrived after both of them (i.e. the buyer and the seller) have left the ‘Majlis Al Aqd’ (i.e. the session of the contract i.e. sale), then in this case he is not permitted to take the animal. He should now take the value of the animal which is Waajib (as Zakaat). [Alamgiri, vol.1, pg.181]

Law 17: If one sold grain on which Ushr (one tenth is due) is Waajib, then in this case the Musad’diq has the right, to either demand the price of it from the ‘Baa’i,’ i.e. the seller or he may take that amount of grain from the ‘Mushtari,’ i.e. the buyer. This will apply whether the transaction took place in the presence of the Musad’diq, or whether he arrived after they separated. [Alamgiri, vol.1, pg.181]

Law 18: If there are eighty goats (80), then one (1) goat is for Zakaat. It cannot be such that they are made into two flocks of forty each, and then two goats are taken as Zakaat, and if two separate persons have forty goats each, then it is not allowed to put them together as one flock and then take only one goat as Zakaat. One will be taken from each of them as Zakaat (for his forty). Similarly, if one person has forty goats and the other person has thirty nine, then nothing will be taken from the one who has thirty nine goats. In brief, neither will that which is a single flock be separated, and nor will individual flocks be combined. [Alamgiri, vol.1, pg.181]
Law 19: Partnership in an animal does not influence the Zakaat, no matter what category it may be. If the share of each one of them (the partners) is equal to the Nisaab, then both will have to give their full Zakaat for which they are liable, as this is Waajib. If the share of one of them is equal to the Nisaab and the share of the other is not; for example, if one has forty (40) goats and the other has thirty (30) goats, then the one who has forty (40) goats must give one (1) goat as Zakaat and the other will not give any Zakaat. Alternatively, if neither of them has equivalent to the Nisaab, but if the animals are put together, it will make up the Nisaab, then in this case there is no Zakaat on either of them. [Alamgiri, vol.1, pg.181]

Law 20: If eighty-one (81) people are partners in eighty (80) goats, in a manner whereby one person (from amongst them) has a share of half (i.e. a fifty percent share) in every goat (sheep), and for the other half of every goat, different individuals are the owners (to each of this half share), so all his (the first person’s) shares put together equals forty (40 goats), and all (the rest) of them are only shareholders of half a goat each, then none of them (i.e. the owners of only half share each) will be liable for its Zakaat. [Durr-e-Mukhtar, vol.2, pg.47]

Law 21: If Zakaat is paid on those animals which are shared, then each person is liable according to his share, and whatever has been paid more than the share, should be recovered from the partner. For example, if one has forty-one (41) goats and the other person has eighty-two (82) goats. The total of all the goats is one hundred and twenty-three (123), and if two (2) goats were taken out as Zakaat, meaning one (1) goat was taken from each, but because one is the shareholder of one-third, and the other is shareholder of two-thirds. Hence, in every goat, two-thirds of the two-third shareholder has gone (as Zakaat), the total of which is one-third and one goat. Additionally, in every goat one-third of the one-third shareholder has gone (as Zakaat), which in total is two-thirds, and one goat is Waajib upon him (as Zakaat). Therefore, the two-thirds shareholder is allowed to take one-third from the one-thirds shareholder. If there are eighty (80) goats and in them, one person is a two-third shareholder, and the other is a one-third shareholder, and if one goat was taken as Zakaat, then the shareholder of one-third, may recover the value of one-third of the goat, from his partner, as the Zakaat is on not Waajib upon him (on that one-third). [Raddul Muhtar, vol.2, pg.47]

ZAKAAT ON GOLD, SILVER AND MERCHANDISE

Hadith 1: It is in Sunan Abi Dawud and Tirmizi from Ameer ul Mo’mineen Maula Ali

 

that Rasoolullah ﷺ said, ‘I have

pardoned (exempted) the Zakaat on horses, bondsmen and handmaids, so pay Zakaat on silver, (one dirham) from every forty dirhams. There is nothing (to pay) on one hundred and ninety dirhams, but when it reaches two hundred dirhams, then pay five dirhams.’

Hadith 2: It is reported in another narration of Abu Dawud from the same narrator that, ‘From every forty dirhams there is one dirham (to be paid), and until it does not reach two hundred dirhams, there is nothing (to pay), and when it reaches two hundred dirhams, then give five dirhams, and if it exceeds that (amount), then pay accordingly.’

Hadith 3: It is in Tirmizi Shareef from Amr bin Shu’aib who narrated from his father, who narrated from his grandfather, that two women came to the Beloved Rasool ﷺ and they were wearing gold bangles (bracelets) on their hands, so He ﷺ said, ‘Do you pay the Zakaat for them?’ They said, ‘No.’ The Beloved Rasool ﷺ said, ‘Do you like that Almighty Allah should let you wear bangles of fire?’ They said, ‘No.’ He ﷺ said, ‘Then pay their Zakaat.’

Hadith 4: Imam Malik and Abu Dawud report from Ummul Mo’mineen Umm e Salma ﻋﻨهﺎ �uﻌﺎS اﷲ ي�ر that she says, ‘I used to wear gold jewellery.’ I said, ‘Ya Rasool’Allah ﷺ! Is this the ‘Kanz’ (the treasure, concerning which there has been warning in the Holy Qur’an)?’

He ﷺ said, ‘That which reaches the threshold on which Zakaat must be paid, and the Zakaat has been paid (for it), is not ‘Kanz’.’

Hadith 5: Imam Ahmed reports from Asma bint Yazid on the merit of it being a Hasan narration, that she said, ‘My aunt and I presented ourselves before Nabi Kareem ﷺ, and we were wearing gold bangles (bracelets). He ﷺ asked, ‘Have you paid its Zakaat?’ We said, ‘No.’ He ﷺ said, ‘Do you not fear that Almighty Allah will make you wear bangles of fire? Pay its Zakaat!’’

Hadith 6: Abu Dawud reported from Samurah bin Jundub ؓ that Rasoolullah ﷺ would command us to pay Zakaat for that which we have acquired for trade purposes.

Law 1: The Nisaab (threshold) of gold is 20 Mithqal, in other words, seven and a half Tola (7 ½ Tola of gold) and two hundred dirhams of silver, in other words, fifty-two and half Tola (52 ½ Tola of silver). In other words, this refers to that Tola, which according to the current rupee (i.e. in the time or Sadrush Shariah) is 11 ¼ Masha. When dealing with gold and silver, the Zakaat is calculated by weight, and not by price (i.e. credence is not given to price of the item). For example, if one has made jewellery or a container which weighs 7 Tola in gold or less, and due to its design and crafting its price exceeds two hundred dirhams (i.e. more than 52 ½ Tola of silver in value), or if the price of gold is more expensive, and the value (price) of less than 7 ½ Tola exceeds the price of two hundred dirhams, just as nowadays, the price of 7 ½ Tola of gold will make many Nisaabs of silver. What is meant by this, is that if the weight does not add up to the Nisaab (i.e. the threshold stipulated for weight of gold and silver), Zakaat will not be Waajib, no matter what the price (value) may be. Similarly, if in payment for Zakaat of gold if one gave something in gold, and in

payment for Zakaat of silver, one gave something in Silver, then even in this case, it will not be based on its price but on its weight, even though a lot of crafting went into it, thereby inflating its price. Alternatively, let us assume that silver is selling at ten Aana1, and one gives one rupee in Zakaat, which is counted as 16 Aana, then in paying the Zakaat, it will be understood that one gave 11 ¼ Masha in silver. The six Aana or slightly more which is extra in the price, is wasted. [Durr-e-Mukhtar, Raddul Muhtar, vol.2, pg.38-40]

Law 2: This which has been mentioned that there is no credence given to price (i.e. value) in the payment (calculation) of Zakaat, is only applicable in the case when the Zakaat of that item is being paid for with the same type of item (i.e. gold with gold and silver with silver etc.). However, if the Zakaat of gold is being paid for with silver, and the Zakaat of silver is being paid for with gold, then it will be based on the price. For example, in payment for the Zakaat of gold, if one gave some item in silver which is worth one Ashrafi, then it will be regarded as payment of one Ashrafi, even though in weight it is not even worth 15 rupees. [Raddul Muhtar, vol.2, Pg.41]

Law 3: If gold and silver are equal to the Nisaab (i.e. the stipulated threshold) then the Zakaat on it is one-fortieth, be they in their original form (i.e. gold and silver), or if they are in form of coins, such as Ashrafis (etc.), or if they are items made from them (i.e. from gold or silver), be this if their use is permissible, such as jewellery for females, or a silver ring with one stone for a male which does not

1: An Aana was a currency unit formerly used in India, equal to 1/16 rupee. It was subdivided into 4 Paise or 12 Paais (thus there were 64 paise in a rupee and 192 paais). The term belonged to the Muslim monetary system. The Aana is not commonly used since India decimalised its currency in 1957. [Razvi Noori]

exceed 4 ½ Masha in weight, or gold or silver buttons which are not attached to chains. Alternatively, even if their usage is impermissible, such as gold and silver vessels (utensils), watches1, Surmah (collyrium) holders (containers), or a Surmah applicator, the use of which is Haraam for both males and females; or gold and silver ring (without stone) for men, or jewellery (for men), or gold rings (for men), or more than one ring (for men), or a ring with numerous stones (for men). In other words, no matter what it may be (be it permissible or not) Zakaat is Waajib on all such items. For example, if one has 7 ½ Tola of gold, then 2 Masha in Zakaat is Waajib, or if one has 52 Tola 6 Masha of silver, then the Zakaat is 1 Tola, 3 Masha and 6 Ratti.2 [Durr- e-Mukhtar, vol.2, Pg.41, etc.]

Law 4: With the exception of gold and silver, any other thing which is meant for trade, and the value of which reaches the Nisaab of gold and silver, then Zakaat is also Waajib on this. In other words, one-fortieth of the price (2.5%), and if the value of these items does not make up the Nisaab amount, but with the exception of such items, one also has gold and silver as well, then the value of those items will be combined with the value of the gold or (and) silver. Additionally, if all added together makes up the value of Nisaab, then Zakaat is Waajib on it, and the value of the item should be counted in the currency which is most commonly used in that place, just as the Rupee is most commonly used in India, so it will be valued based on the Rupee.

1: Watch here does not mean women cannot wear gold or silver watches, but it means if worn not as jewellery but as apparel, it is not permitted.

2: The weights, Tola, Masha and Ratti are being used as it was the weight measure in the time of Sadrush Shariah. As per present weight system, all that we need to understand is that one will pay Zakaat of 2.5 % on the money, item or items which have reached the threshold of Zakaat.

Also, if at any place the currency is both in silver coins and gold coins, then in this case one has the choice of counting it in either of them, but in the case when it is calculated in cash (money) it does not reach the Nisaab amount but if it is calculated in Ashrafis (i.e. gold) it reaches the Nisaab, or vice versa, then in this case the value is based on the one through which Nisaab is reached. If the Nisaab is reached through both, but in one, with the exception of Nisaab, one-fifth part of the Nisaab is more, and this is not the case in the other one, then the value will be calculated based on that calculation which is equal to one Nisaab and one-fifth. [Durr-e-Mukhtar, vol.2, pages 41/42, etc.]

Law 5: If one has valuables more than the Nisaab (threshold), then if this extra is one-fifth of the standard Nisaab, then Zakaat on this is also Waajib. For example, if one has two hundred and forty dirhams, meaning 63 Tola silver (as per the time of Sadrush Shariah), then it is Waajib to pay Zakaat of 6 Dirhams, meaning 1 Tola 6 Masha and 1 Ratti must be added. In other words, after 52 Tola and 6 Masha, on every 10 Tola 6 Masha, 3 Masha 1 1 Ratti must be added. Alternatively, if one has 9 Tola gold, then it is 2 Masha 5 3 Ratti, meaning after 7 Tola and 6 Masha, on every 1 Tola and 6 Masha, 3 3 Ratti must be added, and if it does not reach the 1 amount, it is exempted. In other words, if there is even one Ratti less than 9 Tola of gold, then Zakaat is (only) Waajib on that 7 Tola and 6 Masha. In other words, (the Zakaat) is 2 Masha. Similarly, if the silver is even one Ratti less than 63 Tola then the Zakaat which is Waajib, is only on that (initial) 52 Tola and 6 Ratti and that is 1 Tola 3 Masha and 6 Ratti. Similarly, whatever is more after the one-fifth portion, then if that is also one firth portion, then one- fortieth of that is Waajib, otherwise it is exempted, and so on and so forth based on this analogy (and system). The same ruling is on merchandise for trade. [Durr-e-Mukhtar, Vol.2, Pg.43]

Law 6: If there is alloy mixed with gold or silver, and the gold or silver is more, then (all of it) will be counted (calculated) as gold or silver, and Zakaat will be Waajib on all of it. Similarly, if the alloy is equal to the gold or silver, then Zakaat is still Waajib on it. However, if the alloy (i.e. its quantity) is more than the gold or silver, then it is not regarded as gold or silver. However, there are few scenarios here; if the (quantity) of gold or silver found in it, is such that if separated then it will reach the Nisaab (the threshold), or if it (by itself) does not reach the Nisaab (threshold), but if one has with him other valuables that if this is added to it, then it will make up the Nisaab, or if it is something which is used as ‘Thaman’ (i.e. the price/value of something), and its value reaches Nisaab, then in all these cases Zakaat is Waajib. If none of these scenarios are found, and if it is intended for trade, then with the conditions of trade, it should be regarded as trade goods, and if its value is equal to Nisaab by itself, or if it adds up to the Nisaab amount after being combined with other things, then Zakaat on it is Waajib, otherwise not. [Durr-e-Mukhtar, Vol.2, Pg.43/44]

Law7: If gold and silver have been mixed together, then in this case if the gold is more (in quantity), it will be regarded as gold. Alternatively, if both are equal, and the gold reaches the standard Nisaab, either by itself or after being mixed with the silver, it will still be regarded as gold. If the (quantity of) silver is more, it will be regarded as silver, and if it reaches the Nisaab, Zakaat will be paid on it as silver, unless there is such an amount of gold in it which is more than the price (value) of the silver, then in this case, all of it will be counted as gold. [Durr-e-Mukhtar, Raddul Muhtar, vol.2, Pg.43]

Law 8: If one has both gold and silver and both reach the complete standard Nisaab, then in this case it is not necessary to pay the Zakaat by counting the gold as silver or silver as gold, but the Zakaat of each is Waajib separately. However, if the one paying the Zakaat wishes to pay the Zakaat of both, with one thing, then he has the choice of doing so, but in such a case it is Waajib, that he should calculate it at the rate of that thing which is more beneficial to the Faqeers (i.e. the recipients of Zakaat). For example, in India, the common currency is the Rupee which is used more than the Ashrafi (i.e. gold coin), so in this case one will use the price of silver and calculate the Zakaat, and give the silver as Zakaat (i.e. in those days the Rupee coins were silver), and if from both (i.e. gold and silver) neither one reaches the standard Nisaab, then in this case, he should assume and convert silver to the value of gold and gold to the value of silver and mix them. Alternatively, even after mixing them together, if it still does not reach the standard Nisaab, then there is nothing (i.e. no Zakaat on them). If one adds silver to the value of gold, in silver, it reaches the standard Nisaab, and if one adds gold converted to the value of silver, to the gold, it does not reach the standard Nisaab, or vice versa, then it is Waajib to do that in which the standard Nisaab is reached. If the standard Nisaab is reached by both methods, then one has the choice to do as he wishes, except if through one method the Nisaab is inflated by one-fifth, then in this case, it is Waajib to use the Nisaab which is inflated by one-fifth. For example, if one has 26 ¼ Tola silver and one has 3 ¾ Tola gold, then if 3 ¾ Tola of gold comes to (the same value of,
i.e. buys) 26 ¼ Tola of silver, and if the (value) of 26 ¼ Tola silver comes to (the same value of, i.e. buys) 3 ¾ Tola of gold, then one may regard the gold as silver or the silver as gold, but if one gets 37 Tola silver in lieu 3 ¾ Tola of gold, and for 26 ¼ Tola silver, one does not get 3 ¾ Tola gold, then in this case it is Waajib to regard the gold in the counting of silver, because in this way the standard Nisaab is reached. Also, it

actually inflates to one-fifth more, and in that (other method) even the standard Nisaab is not reached. Similarly, if each of them is slightly more than the Nisaab, then if the extra is one-fifth of the standard Nisaab, then Zakaat must be given on that (extra) as well, and if the extra in each is less than one-fifth of the standard Nisaab, then both should be mixed, and even after being mixed, if they still do not reach one-fifth of the Nisaab of any of them, then there is no extra (Zakaat) on the this extra. Alternatively, if both reach the Nisaab or one-fifth (more) of the standard Nisaab, then one has the choice, except in the case when one (of them) reaches the full standard Nisaab and the other reaches one-fifth of the standard Nisaab, then in this case one should use that method which reaches the standard Nisaab. Alternatively, if one (of them) reaches Nisaab or the one-fifth, and the other does not, then it is Waajib to do that in which Nisaab or one- fifth of Nisaab is reached. [Durr-e-Mukhtar, Raddul Muhtar, Vol.2, pg.45/46, etc.]

Law 9: When money is used as common currency and is in circulation, and it is equal to the value of two hundred dirhams or 20 Mithqal (i.e. it is equal to the current standard Nisaab 52 ½ Tola of Silver or 7 ½ Tola of Gold), then Zakaat on that is Waajib, even if it is not for trade purpose. Alternatively, if that currency is redundant (not in use anymore), then unless it is not used for trade purposes, Zakaat on it is not Waajib. [Fatawa Qaari Al Hidaya]. Zakaat on notes is also Waajib, for as long as they are common and in circulation as this too is regard as ‘Thaman e Istilahi1’, and the ruling is the same as any (other) money (i.e. coins).

 

1: In other words, it is Thaman, which in reality is ‘Mata’ (i.e. goods), but the terminology of the people has made it Thaman.

Law 10: The Zakaat regarding the amount which is owed1 to you by someone, and (the rulings as to) when Zakaat becomes Waajib on it, and when it is regarded as paid, is in three categories:

Dayn e Qawi

The first category is if it (i.e. the amount owed to you, i.e. the debt) is ‘Dayn e Qawi’ (i.e. a secure loan), such as a loan which in common terms is also called ‘current loan’ or a ‘short term loan,’ and it is the ‘Thaman’ of merchandise (trade goods). For example, if one bought goods with the intention of trade, and he sold it on credit to someone, or if it is the rent of something intended for business purposes. For example, if one purchased a house (building /warehouse etc.) or land with the intention of business, and he has rented it to someone to live in, or to use it for cultivation etc., then if this rent is owed to him, it will be regarded as Dayn e Qawi (secure), and the Zakaat on Dayn e Qawi, as long as it is still owed, will be Waajib (i.e. due) year after year. However, it is only Waajib to pay it, when one-fifth of the standard Nisaab amount is already received. Actually, only the Zakaat on that amount is Waajib (due), which has already been received. In other words, if one receives forty dirham (i.e. the amount equal to one fifth of the current Nisaab amount) then he must pay one dirham in Zakaat, and if he received eighty dirhams, then he will pay two dirhams, and so on and so forth based on this analogy (and system).

 

 

1: Here, ‘Dayn’ The amount owed does not absolutely refer to a debt, but it refers to every such ‘Maal’ (form of wealth), which for whatever reason, the liability for which a person is regarded responsible.

Dayn e Mutawas’sit

The second category is Dayn e Mutawas’sit (i.e. a partially secure loan). Dayn e Mutawas’sit is when some entity which is not for trade purposes is transformed. For example, if one sold the grains which were meant for home use, or a horse which is used for (personal) transport, or the slave who is for your service, or any other item which is from Haajat-e-Asliyah (a person’s basic essentials), and the amount is still owed by the buyer. Then in this case, Zakaat will only be necessary when one receives and has possession of two hundred dirhams (i.e. the amount which is equal to the current standard Nisaab). Likewise, if he received the ‘Dayn’ of a testator, as inheritance (i.e. that which was owed to the testator was passed over to him), even though it was in lieu of trade goods, then in this case, after the heir receives two hundred dirhams (i.e. the amount which is equal to the current standard Nisaab) and after a year passes since the death of the testator, to give Zakaat (on this) will be necessary.

Dayn e Da’eef

The third category is Dayn e Da’eef (An Insecure Loan), meaning that which is in lieu of other than ‘Maal’ (valuables / merchandise), such as Mahr (Dowry), Badal e Khula (Exchange payment for Khula), Diyat (Blood money), Badl e Kitaabat (Exchange for Freedom of a slave), or if one bought a house or shop without the intention of selling it (i.e. not for trade), and its rental is owed by the tenant, then to give Zakaat on this will only be Waajib (i.e. it will only be due) once a year passes after having possession of the standard (current) Nisaab. Alternatively, if one has some Nisaab of that same type of thing, and its full year comes to completion, then Zakaat on it is Waajib.

If one only receives the Dayn e Qawi and Dayn e Mutawas’sit after many years has passed, then the Zakaat of the past year which he was responsible for, will be added to the account of the next year on that same amount. For example, Amr owed Zaid three hundred dirhams in Dayn e Qawi, and after five years, he received less than forty dirhams (i.e. less than 1/5 of the Nisaab amount), then there is no Zakaat due on that, and if he received forty dirhams (i.e. 1/5), then he must pay one dirham (as Zakaat). Now he has 39 dirhams remaining (as he has paid one dirham from the forty dirhams as Zakaat), which is now regarded as less than one-fifth of the standard Nisaab, thus the Zakaat of the past years is not Waajib upon him as yet. If the amount being owed was three hundred dirhams which is Dayn e Mutawas’sit, then unless he does not receive two hundred dirhams, he is not liable to pay anything (as Zakaat on it), and after five years if he received two hundred dirhams, then twenty-one dirhams is Waajib on him. For the first year it was five (dirham), so now for the second year it will be one hundred and ninety-five, and from it, thirty-five (dirhams) which is less than one-fifth (of the standard Nisaab), is exempted, so he remains with one hundred and sixty (dirhams), and from it, four dirhams is Waajib (as Zakaat). Then in the third year, one hundred and ninety-one dirhams is left (because he was left with one hundred and fifty-six dirhams plus the thirty five dirhams which was exempt in year two due to it being less than the extra one-fifth. Hence, in the third year he has one hundred and ninety-one dirhams) and even from that (one hundred and ninety-one) four dirhams (Zakaat) is Waajib. In year four, one hundred and eighty-seven dirhams are left, and in year five, one hundred and eighty-three dirhams remained, and even for them, four dirhams for each (year, i.e. for the fourth and fifth year) is Waajib as Zakaat. Therefore, all in all, it is Waajib to pay twenty-one dirhams (in Zakaat for all five years). [Durr-e-Mukhtar, Raddul Muhtar, vol.2, pg.47/50]

Law 11: If the year of Nisaab was already active before the Dayn (loan/amount owing to you), then the amount which is owed by someone in the course of that (Zakaatable) year will also be counted as the same year, which was already running (i.e. active) from before, and not from the time of the loan. Alternatively, if before that loan, the (Nisaab) year of that particular entity was not already active, then it will be calculated from the time of the loan (Debt which is owed to you). [Raddul Muhtar, vol.2, pg.49]

Law 12: If someone owes you an amount which is regarded as Dayn e Qawi or Dayn e Mutawas’sit, and the debtor dies, then the Wasiyat of the Zakaat for that debt at the time of his death is not necessary (upon him), because that Zakaat was not really Waajib (due) to pay (at that time). Also, the Zakaat upon the heir will only be applicable when a year passes after the death of the Testator, and after he receives forty dirhams in Dayn e Qawi (i.e. one-fifth of Nisaab), and two hundred dirhams in Dayn e Mutawas’sit (i.e. the amount equal to the full standard Nisaab). [Raddul Muhtar, vol.2, pg.49]

Law 13: After a full year, if the creditor pardons the debt (or loan etc.), or before the completion of the (Zakaatable) year, he gave the Zakaat amount away as a gift, the Zakaat has been waived. [Durr-e- Mukhtar, vol.2, pg.50]

Law 14: If a woman received her dowry (Mahr) amount, and after a year passed, the husband gave her Talaaq without having intercourse with her, then she will have to return half the Mahr, and Zakaat is (still) Waajib on the full amount. The Zakaat on this amount received by the husband will be Waajib (due) on him after a year passes over it, from the time of receipt. [Durr-e-Mukhtar, vol.2, pg.50]

Law 15: If a person acknowledges that a certain person owes me (some amount), and he has also given it to him, but after a year both of them say that there was no debt (i.e. nothing was owed), then Zakaat is not Waajib upon any one of them (for this). [Alamgiri, vol.1, pg.182]. However, what is obvious is that, this is in the case when he had assumed that there was a debt, because if he makes this excuse simply to have the Zakaat waived, then he will be held accountable in the Court of Allah.

Law 16: After a year passes on trade goods (i.e. merchandise), Zakaat on it is due as per its current value, but the condition is that at the beginning of the year it should not have been worth less than two hundred dirhams (i.e. it should not be less than that of the standard current Nisaab). If it (the merchandise) is made up of different entities, then the value of all put together should either make the equivalent of 52 ½ Tola of silver, or 7 ½ Tola of gold. [Alamgiri, vol.1, pg.179]. In other words, this is when he has only these valuables (merchandise etc.); and if with the exception of this, he still has gold or silver (or gold and silver), then he should combine altogether.

Law 17: After a year has passed, if grain or any other trade goods to the value of two hundred dirhams (i.e. Nisaab) is in your possession, but the (market) rate of the said item has fluctuated (gone up and down), then if one wants to give Zakaat from that, then he should give one-fortieth (i.e. 2.5 %) of whatever was its value on that day.

*Here ‘Dayn’ does not only refer to the absolute loan, but it refers to every such valuable, which for whatever reason is Waajib upon a person (to pay).

*In this section, the ‘Dayn’ (loan) refers to the debt which is owed to you.

Alternatively, if one wishes to give something else equal to its value (in Zakaat), then that value must be used, which was applicable on the day which marked the completion of its (Zakaatable) year. If that object was wet on that day when it’s (Nisaab) year was completed, but it has now become dry, then too the same value will be used (which was on the day when the year completed). Also, if it was dry on that day, but today it has become wet, then the value of today will be taken. [Alamgiri]

Law 18: The price (value) must be calculated based on the place (location) where the goods are being kept. If the goods are in the wilderness (unpopulated place), then it will be calculated based on its values at the populated locality which is closest to it. [Alamgiri, vol.1, pg.180]. It is obvious that here such merchandise are being referred to, which cannot be bought (i.e. sold), in the wilderness. However, if the buyer does go into the wilderness (to buy such things), such as wood, and those things which grow there, then for as long as the merchandise are kept there, the price (value) of it will be according to that place (location).

Law 19: If one has ‘Degs’ (Pots) which one gives out on rent (i.e. on hire), then there is no Zakaat on those pots, and the same applies to houses which are on rent (i.e. there is no Zakaat on that actual property which is on rent). [Alamgiri]

Law 20: If one has a horse business, and he purchases cloth which is used on the back of the horse, or if he buys reigns and ropes etc. for it, so that it may be used for the safety of the horse, then there is no Zakaat on these. However, if he bought it so that the horse may be sold with all these items, then there is also Zakaat on them as well. If a baker bought wood to cook (bake) bread, or if he bought salt to add to

the bread, then there is no Zakaat on them, but if he purchased sesame seeds to sprinkle on the bread, then the Zakaat on the sesame seeds is Waajib. [Alamgiri, vol.1, pg.180]

Law 21: If a person gave his house on rent for three years, at a rental income of three hundred dirhams per annum, and he has nothing else (on which to pay Zakaat), and whatever comes as rental, he keeps it aside (i.e. he saves it), then after eight months pass, he will become the owner of Nisaab, because the rentals of eight months will add up to two hundred dirhams (i.e. to the standard current Nisaab in this scenario). Hence, from today, his Zakaat year has commenced (i.e. one year from now the Zakaat will be due), and on completion of the year, he will give Zakaat on five hundred dirhams, because the rental for twenty months equals to five hundred dirhams (i.e. for the 12 months of the Zakaat year, plus the initial 8 months rental). Now if another year passes thereafter, then he will give Zakaat on eight hundred dirhams, but for the first year’s Zakaat, he will give twelve and a half dirhams less. [Alamgiri] Actually in eight hundred dirhams, Zakaat will be Waajib on forty dirhams less, because there is no Zakaat on less than forty dirhams, as that is exempted.

Law 22: A person has only one thousand dirhams and he has no other wealth (i.e. capital etc.). He has taken a house on rent for one hundred dirhams per year, for ten years, and he has given the complete payment (in advance) to the owner of the house, so in the first year he will give Zakaat on nine hundred dirhams, because the one hundred dirhams has gone as the rent for the year. In the second year, he will give Zakaat on eight hundred dirhams, but in actual fact from the Zakaat of the first year he will subtract twenty two and a half dirhams from the eight hundred dirhams (as twenty-two and a half dirhams was the Zakaat he already paid in the first year from that

amount) and then pay Zakaat on the balance. Similarly, every year he will subtract one hundred (for the rental of that year) and the Zakaat amount that he paid the previous year, and then pay Zakaat on the balance. Further, if the owner of the house has no other valuables, except for that one thousand, then for two years, he is not liable for any Zakaat (i.e. because only after two years will he be the owner of 200 dirhams being the standard Nisaab). Now, after two years pass, he is the owner of two hundred (i.e. whatever is the standard Nisaab), and at three years he will give the Zakaat on three hundred dirhams. Likewise every year, he will pay on a hundred more, but this will be after deducting the Zakaat paid for the past years, so Zakaat will be on whatever is Waajib thereafter. In the same manner, if a person gave a handmaid to him to the value of the rent, Zakaat is not Waajib on the tenant, but the owner of the house is still liable, as he would be in the case of (being paid in) dirhams. [Alamgiri, vol.1, pg.182]

Law 23: If for businesses purposes one purchased a valuable slave for two hundred dirhams who was worth two hundred Dirhams, and the payment was made to the seller, then in this case if he has not as yet taken possession of the slave, and a year has passed, and the slave dies at the place of the seller, then both the buyer and the seller are liable for Zakaat on two hundred dirhams each. Alternatively, if the slave was worth less than two hundred dirhams, and the buyer purchased the slave for two hundred dirhams, then the seller will give Zakaat on two hundred dirhams and the buyer is not liable for anything. [Alamgiri, vol.1, pg.182]

Law 24: If one sold a slave meant to serve, for one thousand and he also collected the payment, then after one year it was ascertained that the slave has some defect, and the slave was thus returned, be this on the order of the Qadi, or if he took him back on his own free will, he will give Zakaat on one thousand. [Alamgiri, vol.1, pg.182]

Law 25: In place of money, if one gave food, grain or clothing etc. to a Faqeer (Zakaat recipient), and in doing so he made him the Malik (owner) of it, the Zakaat will be fulfilled. However, its Zakaat must be based on the price or value of that item which is the current market rate. Additional costs, such as the amount which was paid to a labourer to carry it from the marketplace, or if he brought it in from the village, then the transportation costs and levies etc. should not be deducted. Alternatively, if the item was cooked and given, then the price of cooking and the wood etc. (used for cooking) should not be deducted. It will be calculated based on what that cooked item costs in the market. [Durr-e-Mukhtar, Alamgiri, vol.1, pg.179]

THE AASHIR (I.E. THE CUSTOMS OFFICER)

Law 1: An Aashir is one whom the Badsha e Islam (i.e. Muslim King / Ruler) has appointed on the road to collect the dues (i.e. duties) from traders (merchants etc.) who pass by with commodities. The condition for an Aashir is that he should be a Muslim, Hur (free-man), non- Hashmi, and he should have the power and ability to protect the wealth (or commodities) from thieves and bandits. [Bahr, Shaami, vol.2, pg.51/52; Alamgiri, vol.1, pg.183]

Law 2: If a traveller who is passing through says that one year has not elapsed as yet on the commodities which he is currently carrying and on whatever he has at home; or if he says that he did not make the Niyyat (intention) of trade (business) in it, or if he says that the commodities are not his, but have been kept in trust in Mudharabat, (then) on condition that it does not bear such a profit, that his share (in the Mudharabat) reaches Nisaab. Alternatively, if he says that he is an labourer (i.e. an employee of the owner), or Mukatib or Mazoon, or if he simply says, that there is no Zakaat due on these commodities, even though he may not mention the reason for this, or if he says that, I am in debt which is equivalent to these commodities, or it is of such an amount that if I deduct it, the standard Nisaab will not remain, or if he says that he has already paid the dues to another Aashir, and the one whom he says that he paid is really an Aashir. And even this Aashir knows that the said person who is being mentioned is also an Aashir, or if he says that he already paid the Zakaat to the legal recipients (Faqeers) in the city, and he also takes an oath to the effect of his statement, then his word will be taken. There is no need to ask him for any receipt (i.e. proof of payment), because a proof of payment could also be fake, and sometimes in forgetfulness one does

not take a receipt, and at times it gets lost, and even if he does produce a receipt and the name of the Aashir which is on it does not match the name which he mentions, he will simply be asked to take an oath and his word will be accepted. However, after few years pass by, it is established that he has lied; then the Zakaat will (now) be collected from him. [Alamgiri, vol.1, pg.183; Raddul Muhtar, vol.2, Pg.53/54]

Law 3: If a year has not as yet elapsed on the commodities which he has, but a year has passed on what he has at home, and those commodities can be combined to these commodities, then in this case his word will not be taken. Likewise, if he claims having paid the dues to an Aashir, whom he (this Aashir) does not know, or if he says that he gave the Zakaat to some bud-mazhab (deviant), or he says that he did not give it to the legal recipients (i.e. the Faqeer) in (his) city, but he went out of the city to give it to someone, then in all these cases his word will not be taken. [Durr-e-Mukhtar, Raddul Muhtar, vol.2, pg.53]

Law 4: His word will not be taken (i.e. will not be accepted as reliable) in the case of Sa’imah or Amwal al Baatina (hidden wealth). In those cases, wherein the word of a Muslim is regarded as acceptable, in such cases even the word of a Zimmi Kaafir (i.e. a non- believer living under the legal protection of the Muslim Empire) will be regarded as acceptable, except for the case where he says that he has given it to the Faqeers in the city, because in this case, his word will not be taken. [Durr-e-Mukhtar, vol.2, pg.54]

Law 5: The word of a Harbi Kaafir (a non-zimmi, i.e. unbeliever in a non-Muslim State) is not regarded as reliable at all, even if he presents witnesses to support what he is saying. However, if he claims that a slave girl is Umme Walad (a female slave who gave birth to a child

accepted by her master as his offspring), or if he says that the slave is his son, and his age is such that he can be regarded as his son, or if he says that he has given them to someone else, and the one whom he claims to have given them to is present there, then in such issues, even the word of a Harbi will be accepted. [Durr-e-Mukhtar, Raddul Muhtar, vol.2, pg.55]

Law 6: If someone passes by with commodities less than two hundred dirhams (in value, i.e. less than the standard Nisaab), then in this case the Aashir will not collect anything from him (as payment), be he a Muslim, Zimmi or Harbi, and this is if he knows or not whether he has more commodities at home. [Alamgiri, vol.1, pg.183]

Law 7: He (The Aashir) will collect one-fortieth portion from a Muslim, one-twentieth portion from a Zimmi and one-tenth portion from a Harbi. [Tanweer, vol.2, pg.56]. One-tenth will be collected from the Harbi only in the case where it is not known how much the Harbis have collected from Muslims. However, if it is known, then the Harbi will be charged whatever they (the Harbis) charged the Muslims. However, if the Harbis took all the commodities (merchandise) of the Muslims, then the Muslims will not take all his commodities, but they will leave him with enough with which he can reach his destination. If the Harbis did not charge the Muslims anything, then the Muslims will also not charge them anything. [Durr-e-Mukhtar, Raddul Muhtar, vol.2, pg.56]

Law 8: Nothing will be collected from Harbi children and from those who are Mukatib, except in the case where the Harbis took from the Muslim children and Mukatib (a slave who is under bond with his master to pay for his freedom in instalments, and the slave also

accepts this), then in this case the Muslims will also charge them. [Durr-e-Mukhtar, vol.2, pg.56]

Law 9: If it (i.e. the duty) was collected once from a Harbi, then in that same year, it will not be collected from him again, unless after collecting from him, he went back to the Darul Harb. When he returns from the Darul Harb, it will be collected from him again. [Tanweer ul Absaar, vol.2, pg.56]
Law 10: If a Harbi entered the Darul Islam and then went back (to Darul Harb), but the Aashir was not aware of this, then if he enters for the second time, it (i.e. the duty) should not be collected from him for the first time. However, if he was unaware of the entry and exit of a Muslim or Zimmi, then if he enters again, he should charge (the duty) for the first time as well. [Durr-e-Mukhtar, vol.2, pg.56/57]
Law 11: If the Malik (Master) of a Mazoon (i.e. licensed or privileged slave whose master has permitted him to trade), is accompanying him, and he is not in such a debt which has immersed him and his wealth, then the Aashir will take (the duty) from him. [Durr-e-Mukhtar, vol.2, pg.58]
Law 12: If one passes by the Aashir with such a commodity which will easily be spoilt, such as fruits, vegetable (greens), musk-melon, water- melon or milk etc., then even if their value adds up to the standard Nisaab, the Ushr (one-tenth due on crops) will not be collected from such persons. However, if there are Fuqara (recipients of the Zakaat) present there, it will be collected and distributed to them. [Alamgiri, vol.1, pg.184; Durr-e-Mukhtar, vol.2, pg.58]

Law 13: If the Aashir assumed the commodities in excess and he collected the Zakaat for it, but later he realised that the commodities were not of that value, then whatever extra he collected will be calculated in the next years. If he intentionally took more, then it will not be calculated in the Zakaat, as this is an injustice. [Khania]

 

MINES AND BURIED TREASURE

It is in Sahih Bukhari and Muslim from Abu Hurairah ؓ that Rasoolullah ﷺ said, ‘’Khums’ One-fifth is due from mines (and buried treasure).’

Law 1: If iron, lead, copper, brass, gold, or silver comes out of a mine, a one-fifth portion will be taken from it, and the remainder will be given to the one who acquired it, be this if the one who found it is a free-man, a slave, a Muslim or a Zimmi, be it a male or female, Baaligh or Na-Baaligh, and whether the land from which these things were discovered is a Khiraji (taxed land) or an Ushri land (in which one- tenth must be paid). [Alamgiri, vol.1, pg.184]

This is in the case when the land does not belong to anyone (i.e. not owned by any person). For example, it is a forest (jungle/wilderness), or a mountain. However, if it is owned by someone (i.e. it is somebody’s property), then all of it will be given to the owner of the land, and even the one-fifth will not be taken. [Durr-e-Mukhtar, vol.2, pg.62]

Law 2: There is no ‘khums’ one-fifth in turquoise gemstones, rubies, emeralds and other gemstones (which are found), (and in) collyrium, alum, lime, pearls and flowing agents like salt etc. [Durr-e-Mukhtar, Raddul Muhtar, vol.2, pg. 62/63]

Law 3: If a mine was discovered in a shop or in a house, the one-fifth will not be taken. Everything (which was found) will be given to the owner. [Durr-e-Mukhtar, vol.2, pg.62]

Law 4: If turquoise gemstone, rubies, emeralds and other gemstones were buried before Muslim Rule, and they have now been unearthed (found), then in this case one-fifth will be taken, as it is regarded as Maal e Ghaneemat (spoils of war). [Durr-e-Mukhtar, vol.2, pg.63]

Law 5: Pearls or anything else, which comes out of the sea (or river), even if it is gold which is on the surface of the water, all belongs to the one who found it, on condition that there is no Islamic insignia on it. [Durr-e-Mukhtar, vol.2, pg.63]

Law 6: Any buried treasure which has Islamic insignia on it, be it cash, weapons or household goods etc, will all be counted under the ruling of lost (i.e. abandoned) property. In other words, it must be announced in the Masjids and marketplaces for such a period of time (i.e. for as many days) until such there is predominant likelihood, that now there is none who is looking for it. Thereafter, it should be given to the destitute (needy), and if the person (who found) it, is himself a Faqeer (an insolvent person deserving Zakaat), then he may use it for himself. If these items have the insignia of kufr, for example; pictures (i.e. carvings etc.) of idols, or if the name of a kaafir king is written (or inscribed etc.) on it, then one-fifth will be taken from it, and the rest will be given to the person who found it. This applies whether he found it in his own land, or in the land of someone else, or on a lawful land. [Durr-e-Mukhtar, Raddul Muhtar, vol.2, pg.63]

Law 7: If a Harbi Kaafir removed a treasure trove, then nothing will be given to him, and whatever he took from it must be taken back from him. However, if he dug it out on the command of the Muslim King (Ruler), then whatever was agreed should be given to him. [Alamgiri, vol.1, pg.185]

Law 8: If two people worked to unearth a treasure trove, then after removing one-fifth, the remainder must be given to the one who found (discovered) it, even though both of them worked on it in partnership, because this is regarded as an invalid partnership (Shirkat e Faasida). Additionally, if in partnership they both found it, and it is not known how much each one found, then both are equal partners in it (i.e. 50/50), and in the same case, if one found it and the other helped (in removing it), then it belongs to the one who discovered it, and the helper will be paid a wage for his labour. In addition, if the labourer was employed to remove and search for treasure, then whatever is unearthed belongs to the labourer. In this case, the Mustajir (Hirer/ Employer) will get nothing because this is regarded as Ijaarah e Faasida (An invalid contract). [Raddul Muhtar, vol.2, pg.64]

Law 9: If there is neither any Islamic insignia nor any insignia of kufr on the buried treasure, it will be regarded as being from the time (era) of kufr. [Alamgiri, vol.1, pg.185]

Law 10: Whatever is unearthed from the desert of a Darul Harb, be it minerals or buried treasure, one-fifth is not applicable in it. Rather, all of it will be given to the one who found it. If many people after gaining an upper hand, removed and brought it, then one-fifth will be taken from it, as this is regarded as Ghaneemat (Spoils). [Durr-e-Mukhtar, vol.2, pg.64]

Law 11: If a Muslim took refuge in a Darul Harb, and there he unearthed buried treasure or a mine from land owned by someone, then in this case he should return it to the land owner. If he did not return it and brought it back into the Darul Islam, then he is regarded as the owner of it. However, this is regarded as illegally acquired

wealth, and must thus be distributed (amongst the needy), and if he sold it, then the sale is legal, but it is also regarded as illegally acquired property for the buyer as well. If he did not enter (the Darul Harb) with refuge, then this property (commodity) is Halaal for him, there is no need for him to return it, and one-fifth will be taken from it. [Alamgiri, vol.1, pg.185; Durr-e-Mukhtar, vol.2, pg.65]

Law 12: The one-fifth is the right of the destitute (Miskeen) which the Muslim King (Ruler) should distribute amongst them, and if one personally gave it to the destitute, it is also permissible to do so. If the king is informed of this, he should keep it as it is, and he should authorise its distribution. If he is personally a Miskeen (destitute person), then he may use for himself as per his need, and if after removing one-fifth, there is still enough remaining which is equal to two hundred dirham (i.e. equal to current standard Nisaab), he cannot now use one-fifth for himself, because he is now not regarded as a Faqeer. However, if he is a debtor and after deducting the amount for the debt, he does not remain with the equivalent of two hundred dirham (i.e. the current standard Nisaab), then in this case, he may use the one-fifth for his own needs. If he gives one-fifth to his mother, father or children who are Miskeen, then too it is permissible. [Durr-e- Mukhtar, Raddul Muhtar, vol.2, pg.65]

ZAKAAT ON CROP AND FRUIT
Almighty Allah says,

 

‘And given (i.e. pay) its dues on the day it is harvested.’ [Surah Al An’aam (6), Verse 141]

Hadith 1: It is in Sahih Bukhari Shareef from Ibn Umar ﻋﻨهﻤﺎ �uﻌﺎS اﷲ ي�ر that Rasoolullah ﷺ said that, ‘For that land which is watered (irrigated) by the skies or the streams, or if it is Ushri, (in other words), it is irrigated with water from rivers (and channels), then on such land Ushr (one-tenth) is due, and for those lands which are irrigated by water that you bring by loading on animals (etc.), then on it is due half Ushr, i.e. one-twentieth.’

Hadith 2: Ibn Naj’jar reports from Anas ؓ that Rasoolullah ﷺ said, ‘From every that thing which sprouts from the land (ground), Ushr or half Ushr is due.’

Land is of three types:

1.Ushri (that land in which the one-tenth must be paid)

2.Khiraji (taxed land)

3.Neither Ushri nor Khiraji

The ruling concerning 1 & 3 is the same; in other words, Ushr (one- tenth) must be paid.

In India, the lands of the Muslims will not be regarded as Khiraji, until it is not proven with evidence of the Shariah that a particular land is (in the category of) Khiraji.

There are many cases wherein it will be regarded as Ushri. For example, if Muslims conquered a place and the land was distributed amongst the Muslim soldiers, or if the people there became Muslims themselves, and there was no need to fight a battle. Alternatively, if there was an unused land that is (already) Ushri, and it was used for cultivation purposes, or if that unused land was made a field (for planting) which is equally near or distant from land that is Khiraji and Ushri, or if that field was irrigated by water which is Ushri, or from that which is both Khiraji and Ushri. Alternatively, if a Muslim turned his house into an orchard or field and irrigates it with Ushri water, or he does so with both Ushri and Khiraji (water), or if a Zimmi Kaafir purchased an Ushri land, and a Muslim has taken it as Shuf’ah (i.e. on the basis of the law of pre-emption/amalgamation), or Bai’e Faasid (illegal sale) has occurred, or due to Khiyar e Shart (Option of Condition) or Khiyar e Ruyat (Option of Physical Inspection), it was returned, or because of Khiyar e Ayb (Option of Defect), it was returned on the order of the Qadi.

 

 

 

Note: Bai’e Faasid, Khiyar e Shart, Khiyar e Ruyat and Khiyar e Ayb can be understood by perusing Bahaar e Shariat Volume 11.

There are also many cases in which it will be regarded as Khiraji, for example, if after conquering a place the land was again given to the people there, out of favour (goodness), or the country was conquered on the basis of mutual negotiation, or if a Muslim purchased an Ushri land from a Zimmi, or if a Zimmi occupied a barren land (i.e. wasteland) on the command of the Muslim Ruler, or if a wasteland was given away to a Zimmi, or if a Muslim inhabits it, and it was close to a Khiraji land, or if it was being irrigated by Khiraji water. Even if a Khiraji land is being irrigated with Ushri water, it will still be considered as being Khiraji.

If it (the land) is neither Khiraji nor Ushri. For example, the Muslims conquered that land and kept (that land) for themselves till Qiyaamat (i.e. a lifelong ownership), or if the owner of that land has died, and the land has gone into the property of the Bait ul Maal (Islamic Treasury). [Durr-e-Mukhtar, vol.3, pg.350-360]

Law 1: Khiraj is of two types:

Khiraj e Muqasama

Khiraj e Muqasama, is that land on which the (Tax) for a portion of crop from the harvest is fixed, be it half, one-third or one-quarter etc., just as Nabi ﷺ had fixed for the Jews of Khaybar.

Khiraj e Muaz’zaf

Khiraj e Muaz’zaf, (is that for which) a fixed amount is made necessary, be it an amount of money; for example, 2 Rupees per Bigha1, or something else, like Hazrat Farooq e Azam ؓ had specified. [Durr-e-Mukhtar, vol. 3, pg.359]

Law 2: If it is known that during the Saltanat e Islamia certain amount was fixed as Khiraj, then it is that which should be given, except in the case of Khiraj e Muaz’zaf. In this case wherever there are fixed stipulations from Hazrat Umar e Farooq ؓ, these should not be exceeded, and where there is no specification from him, it should not be more than half of the crop. Similarly, in Khiraj e Muqasama as well, it should not exceed half of the crop. It is also a condition that the land should be one which can produce this quantity (of crop). [Durr-e-Mukhtar, Raddul Muhtar, vol.3, pg. 360/364]

Law 3: If that which was fixed during the Saltanat e Islamia is not known, then in the places where Hazrat Umar e Farooq ؓ had stipulated it, then there, that should be paid, and where he did not stipulate it, then their half should be given. [Fatawa Razviy’yah]

Law 4: Farooq e Azam ؓ stipulated that for every type of grain per one Jarib2, the due is one dirham and one Sa’ of its crop (grain), and in melon and watermelon fields, and in vegetables like cucumbers and brinjal etc. the due amount is 4 dirhams per Jarib. In the thick vines of grapes and Khurmah (dates like fruit), in which (other) crops cannot be grown, the due is ten dirham, and this (also) depends on the capacity of the land and the capability of the owner. Credence is not given to what he grew, but it will be seen what that land is able to grow, and if this person has the capability to grow that, then he will pay the Khiraj according to that. For example, if grapes can grow there, then he will pay the Khiraj for grapes, and if it is good for wheat, then he will give the Khiraj for wheat, even if he grows barley on it.

1: Bigha is a measure used in old days, and is equal to about 14400 square feet.
2: Jarib is a land measure as mentioned above by Sadrush Shariah Alaihir Rahma

The measurement of one Jarib according to the British yard is, 35 yards in length, and 35 yards wide, and one Sa’ is equivalent to a full 286 Rupees currently (i.e. 3 kg 149.28), and ten dirhams is 12 Aana
and 9 3 Paai, and five dirhams is 6 Aana and 4 4 Paai, and one Dirham is
5 5
4 Anna and 5 19 Paai.2 [Durr-e-Mukhtar, vol.3, pg.360/361]

Law 5: In a place where there is no Saltanat e Islamia, the people there should personally dispense the dues to the needy etc. who are the rightful recipients of Khiraj.

Law 6: Whatever crop grows from an Ushri land, where the aim is to benefit from the crop of that land, then to pay the Zakaat on that crop is Fard, and the name of that Zakaat is called Ushr. In other words, one-tenth, because in most cases one-tenth is Fard, even though in some cases half Ushr, i.e. one-twentieth will be taken. [Alamgiri, vol.1, pg.186; Raddul Muhtar, vol.3, pg.358]

Law 7: For Ushr to become Waajib, the condition of being Aaqil (being of sane mind), and being Baaligh (having reached the age of puberty) is not existent. There is also Ushr from in that which is produced by the land which belongs to an insane person (Majnun) or a Na-Baaligh (one who has not reached age of puberty, i.e. a minor), as this is also Waajib. [Alamgiri, vol.1, pg.185 etc.]

 

1&2: As mentioned earlier the Aana was a currency unit formerly used in India, equal to 1/16 rupee. It was subdivided into 4 Paise or 12 Paais (thus, there were 64 paise in a rupee and 192 paais). The term belonged to the Muslim monetary system. The Aana is not commonly used since India decimalised its currency in 1957. The Paai is also not commonly used today and the actual calculations for the said case will be done as per the current values. The above is based on calculations of that particular time. [Razvi Noori]

Law 8: If one does not willingly pay the Ushr, then the Muslim Ruler can take it by force, and even in this case the Ushr will be regarded as discharged, but one will not be deserving of its reward. Alternatively, if one pays it willingly, then he will also be blessed with the reward for it. [Alamgiri, vol.1, pg.185]

Law 9: If Ushr was Waajib i.e. due on someone and he died, and the crop is still present, then in this case Ushr will be taken from it (the crop). [Alamgiri, vol.1, pg.185]

Law 10: For Ushr to be applicable, it is not necessary for a year should elapse, but if one has several harvests in a year, the Ushr on every harvest is Waajib. [Durr-e-Mukhtar, Raddul Muhtar, vol.2, pg.67]

Law 11: In this, Nisaab is also not a condition. Even if the harvest is one Sa’, the Ushr is Waajib, and it is also not a condition that they should be things which will remain, and it is also not a condition that the farmer should be the owner of the land. Even if a Mukatib or a Mazoon farmed, then Ushr is Waajib on that crop (harvest) as well. In fact, even if crops grew (were grown) on a land that is Waqf, Ushr will be due on that as well, be this whether the ones farming on it (that Waqf land) are from the Waqf, or if they are being paid to farm. [Durr- e-Mukhtar, Raddul Muhtar, vol.2, pg.67]

Law 12: There is no Ushr on those things which are grown without the aim of yielding profit from that land, such as firewood, grass, bulrush (reed), Sayntha (bushy plant) twigs, Date leaves (palms), hibiscus/anthea, cotton, brinjal tree, the seeds of melon, watermelon and cucumbers, and the same applies to the seeds of all vegetables, because the aim of their cultivation is vegetables and not seeds. The same applies to those seeds which are medicinal, such as the Bdellium

(Kandar), fenugreek and Kalonji (onion seeds). However, if the bulrush, grass and reed etc. are grown with the aim of yielding benefits (profits) from the land, and the land has been left vacant for this purpose, then the Ushr is Waajib on this. [Durr-e-Mukhtar, Raddul Muhtar, vol.2, pg.68 etc.]

Law 13: That field with is irrigated with rain water, or water from rivers, or canals, then Ushr, i.e. one-tenth is Waajib on it, and if it is irrigated by a large skin (leather) vessel, or by a bucket, then half Ushr, i.e. one-twentieth, is Waajib. If the water that he uses belongs to someone else and he purchases the water for use, then in this case it is still half Ushr which is Waajib. If that field is sometimes irrigated by rain water and sometimes through a bucket or leather skin vessel, then in this case if it is mostly irrigated by rain water, and sometimes by bucket, then Ushr will be Waajib, if not half Ushr. [Durr-e-Mukhtar, Raddul Muhtar, vol.2, pg.66/69]

Law 14: If there is honey on an Ushri land or on a mountain or in the forest, then Ushr is Waajib on it. Likewise, Ushr is also Waajib on the fruits of the mountains and forests, on condition that the Muslim Ruler has protected them from Harbis, bandits, and rebels; otherwise there is nothing. [Durr-e-Mukhtar, Raddul Muhtar, vol.2, pg.66]

Law 15: In wheat, barley, corn, millet, rice, and in all types of grain; and in linseed, safflower, walnut, almonds, and all types of fruits, cotton, flowers, sugar cane, melon, water-melon, cucumbers, brinjal, and all other types of vegetables (i.e. spuds), one-tenth Ushr is due, be this crop a little or a lot. [Alamgiri, vol.1, pg.186]

Note: For example in 10 Kilograms, you will give one kilogram, and for every ten fruit, you will give one fruit etc.

Law 16: In that, where from Ushr or Nisf Ushr (half Ushr) are Waajib, the Ushr or Nisf Ushr will be taken from the entire crop (harvest). One cannot deduct from it, utilities (i.e. expenses etc.) for harvesting etc. such as ploughs; (i.e. harvesters etc), farm security, labourers wages, or seed costs etc. and then give the Ushr or Nisf Ushr. [Durr-e- Mukhtar, vol.2, pg.69]

Law 17: The Ushr will only apply to Muslims, to the extent that if an Ushri land was bought by a Zimmi from a Muslim, and he has also taken possession of it, then Ushr will not be taken from a Zimmi, but he will be charged Khiraj (Land tax). Alternatively, if a Muslim bought a Khiraji land from a Zimmi, then it will remain Khiraji, and the Muslim will not be charged Ushr for that land, but rather he will be charged Khiraj. [Durr-e-Mukhtar, Raddul Muhtar, vol.2, pg.70]

Law 18: If a Zimmi bought an Ushri land from a Muslim, then a Muslim took that land back in Shuf’ah (on the basis of the law of pre- emption/amalgamation), or for some reason the sale became Bai’e Faasid (illegal sale), and it was returned to the seller, or the seller faced Khiyar e Shart (Option of Condition), or someone had Khiyar e Ru’yah (Option of Physical Inspection), and for this reason it was returned; or if the Mushtari (buyer) faced Khiyar e Ayb (Option of Defect), and it was returned on the order of the Qadi. In all these cases it will still remain as Ushri Land. If it was returned on the basis of Khiyar e Ayb, without the order of the Qadi, then it will remain Khiraji. [Durr-e-Mukhtar, Raddul Muhtar, vol.2, pg.70/71]

Law 19: If a Muslim converted his house (personal residence) to an orchard, then if he used Ushri water in it, then it is regarded as Ushri, and if he used Khiraji water in it, then it is Khiraji; and if he uses both types of water in it, then too it is regarded as Ushri. If a Zimmi

converted his personal residence to an orchard then Khiraj will be charged categorically. The water from the sky (rain), wells, springs and rivers is regarded as Ushri. The water from canals dug by (i.e. built) by Ajami (foreigners) is Khiraji. If unbelievers dug a well, and now it has come into the possession of Muslims, or if it was dug in a Khiraji land, then in all these cases that too becomes Khiraji. [Alamgiri, vol.1, pg.186/817; Durr-e-Mukhtar, Raddul Muhtar, vol.2, pg.71/72]

Law 20: There is no Ushr or Khiraj on that which grows in houses or graveyards. [Durr-e-Mukhtar, vol.2, pg.72]

Law 21: If the springs of ‘Zift’ (Asphalt) and ‘Nift’ (Crude Oil) are on Ushri land or on Khiraji land, there is nothing due on them. However, if they are on Khiraji land, and the land in its vicinity, are lands which can be cultivated, then the Khiraj of that land will be taken, and not of the springs, and if it is on Ushri land, then as long as there is no cultivation in the neighbouring lands, then nothing will be taken. In this case for it to be such land which can be cultivated is not sufficient. [Durr-e-Mukhtar, vol.2, pg.72]

Law 22: Those things which are attached to the ground, such as trees, and those things which come out of the tree, such as glue, there is no Ushr for. [Alamgiri, vol.1, pg.187]

Law 23: Ushr will only be taken, when the fruits grow and can be used, and the risk of loss is outweighed, even if they are still not ready to be harvested. [Jauhira Nayyira]

Law 24: It is not Halaal (lawful) to eat its yields before paying the Khiraj. Similarly, it is not Halaal for the owner to eat (from his crops) before he pays the Ushr. If he eats, then he must pay the liability. Similarly, if he fed it to others, then he will have to give the penalty of the Ushr of that quantity, and if he had the intention of paying the full Ushr, then for him to eat from it is Halaal. [Alamgiri, vol.1, pg.187; Durr-e-Mukhtar, Raddul Muhtar, vol.2, pg.72]

Law 25: In order to take Khiraj, the King (Muslim Ruler) has the right (i.e. the option) to stop (i.e. confiscate) the grains, and to not allow the owner to utilise it. If he has not paid the Khiraj for many years, and he is incapable (of paying it), then he should be pardoned (exempted for those years), and if he is not incapable, then (that which is due) should be taken (from him). [Durr-e-Mukhtar, Raddul Muhtar, vol.2, pg.73]

Law 26: If one is able to cultivate (farm) the land, but he does not grow anything (on it), he will pay the Khiraj; and Ushr will not be Waajib, until he does not farm, and the crops do not grow. [Durr-e- Mukhtar, vol.2, pg.73]

Law 27: He cultivated the fields, but the crops were ruined; for example, the entire field was flooded or got burnt, or it was eaten by locusts, or it was damaged due to hot winds or by frost, then both the Ushr and the Khiraj are cancelled. This will apply when all has been completely damaged. If some (of the crop) is remaining, then the Ushr will be taken on what is remaining. If it was eaten by animals (livestock), then the Ushr is not cancelled. For it to become cancelled, it is also a condition that within that year, in that (land), another crop cannot be cultivated. It is also a condition that it should be destroyed before being picked or cut (i.e. harvested), otherwise it will not be cancelled. [Raddul Muhtar, vol.2, pg.73/74]

Law 28: If someone usurped (i.e. forcefully took away) a Khiraji land, and he denies usurping it, and the owner also has no witnesses (to prove this), then if the land is farmed, the usurper will be liable for the Khiraj. [Durr-e-Mukhtar, vol.2, pg.74]

Law 29: Bai’e Wafa, in other words, it is that sale in which this condition is set that the seller has the right to return the payment to the buyer, and the Mushtari (buyer) will refund the purchase price. Now, if a Khiraji land was sold on this basis (of Bai’e Wafa) to someone, and if the land is in the possession of the seller, then the Khiraj is upon the seller, and if it is in the possession of the buyer, and the buyer has already planted on it, then the Khiraj is upon the buyer. [Durr-e-Mukhtar, Raddul Muhtar, vol.2, pg.54]

Law 30: If the crop was sold before it was ready (i.e. ripe etc.), then the Ushr is on the buyer, even though the buyer would have made the condition that the crop will not be harvested before it becomes ripe, and it should remain in the field (orchard), and at the time of selling the crop was ready, then the Ushr is on the seller. If he sold the land and the crop, or if he sold only the land, and there is still that amount of time left in the year wherein the land can be cultivated (and harvested), then the Khiraj is on the buyer, otherwise on the seller. [Durr-e-Mukhtar, Raddul Muhtar, vol.2, pg.74]

Law 31: If an Ushri land was give on ‘Aariyat’ (as a loaned land) then the Ushr is on the cultivator, and not on the owner. If the land was given on ‘Aariyat’ to an unbeliever, then the Ushr is on the owner. [Alamgiri, vol.1, pg.187]

Law 32: If Ushri land was given in a manner where the crop is divided between cultivator and the landlord, then then Ushr is on both of them, and if a Khiraji land was given in this manner, then it is on the owner. [Raddul Muhtar, vol.2, pg.76]

Law 33: According to our Imam (Imam Abu Hanifa ؓ) the Ushr for the land which is given with the option of paying cash for cultivation, is the responsibility of the landlord, and according to the Saahibayn (Imam Abu Yusuf and Imam Muhammad ﻋﻨهﻤﺎ �uﻌﺎS اﷲ ي�ر) it is the responsibility of the farmer (i.e. cultivator), and the research of Imam Shaami is that on the basis of the situation of the era, we will now act in accordance with the view (statement) of the Saahibayn. [Shaami, vol.2, pg.75]

Law 34: That land revenue which is given to the government, does not cause the Khiraj e Shar’i (i.e. the Khiraj stipulated by the Shariah) to be discharged, and it remains the responsibility of the owner. It is necessary for him to pay it. The use of the Khiraj is not only for the Muslim Army, but it is for all the virtuous needs of the Muslims, from which is, building of Masjids, maintenance and expenses of the Masjid, the allowance of the Imam and the Muaz’zin, and the salary of the (Islamic) teachers. It can be used for the sake of Deeni knowledge (Deeni Education), and to fulfil the needs of Deeni students, and for the assistance of the Ulama e Ahle Sunnat, and for those supporters of Deen (i.e. Ulama) who lecture and propagate the knowledge of Deen, and for those who are engrossed in the work of writing Fatawa (Islamic Edicts). It can also be used in the building of bridges and guest houses. [Fatawa Razviy’yah]

Law 35: If before taking out the Ushr, the grain was sold, then the Musad’diq (collector) has the right and option of taking it from the buyer or from the seller, and if he sold it for more than its actual price, then it is up to the Collector to either take it from the grains or take it from the payment received for the grains. If he sold it at a low price, which is so low, that people do not usually sell it at such a loss, then he will take the Ushr from the grain only; and if the grain is not remaining any more, then he will stipulate its Ushr and take it from the seller, or he will take its mandatory price. [Alamgiri, vol.1, pg.187]

Law 36: If one sold away the grapes, then the Ushr of its payment must be taken, and if it was sold after being juiced, then he will take the Ushr of its price (i.e. of the juice). [Alamgiri, vol.1, pg.187]

THE USES OF ZAKAAT

Almighty Allah says,Charity is only for the needy and the destitute, and for those who are appointed to collect it, and for those whose hearts (you) intend to win over (towards Deen), and to free slaves, and to those in debt, and in the way of Allah, and for the traveller. This is ordained by Allah. And Allah is All Knowing, All Wise. [Surah Tauba (9), Verse 60]

AHADITH E MUBAARAKA

Hadith 1: It is in Sunan Abu Dawud from Ziyad bin Haarith Suda’i ؓ that Rasoolullah ﷺ said, ‘Allah did not keep the command of Sadaqaat on any Nabi or anyone else, but He has given the Command of it by Himself, and in it is divided into 8 (eight) categories.’

Hadith 2: Imam Ahmed, Abu Dawud and Haakim have reported from Abu Sa’eed ؓ that Rasoolullah ﷺ said, ‘Sadaqa is not Halaal (lawful) for the wealthy (i.e. solvent), except for five categories of people:

1.One who fights in the Way of Allah
2.One who is the collector of the Sadaqa (i.e. Zakaat)

3.One who is in debt
4.One who has purchased with his wealth (i.e. he has none left)
5.If it is given to a Miskeen (destitute) who in turn gifted it to his solvent neighbour.’

In a narration of Ahmed and Baihaqi, the Musafir (traveller) has also been included in this.

Hadith 3: It is in Baihaqi from Maula Ali ؓ that he said, ‘In the obligatory Sadaqa (i.e. Zakaat), your children and father have no right.’
Hadith 4: It is in Tabrani Kabeer from Ibn Ab’bas ﻋﻨهﻤﺎ �uﻌﺎS اﷲ ي�ر that Rasoolullah ﷺ said, ‘O Bani Hashim! Be patient on your condition, for Sadaqa (Zakaat) is the purifier of the people.’

Hadith 5 to 7: Imam Ahmed and Muslim report from Mutallib bin Rabee’a that Rasoolullah ﷺ said, ‘Sadaqa (charity such as Zakaat etc.) is not permissible for the Family of Nabi Muhammad ﷺ, because this is the grime of the people.’

The narration of Ibn Sa’ad is from Imam Hasan Mujtaba ؓ that Rasoolullah ﷺ said, ‘Allah has made Sadaqa (charity) Haraam (forbidden) upon Me and My Ahle Bayt (Noble Descendants).’

In the Narrations of Tirmizi, Nasa’i and Haakim, it is reported from Abu Raafe’ ؓ that Rasoolullah ﷺ said, ‘Sadaqa (charity) is not Halaal for us, and the freed slave of a nation, is from amongst them.’

Hadith 8: It is in Sahihain from Abu Hurairah ؓ that once, Hazrat Imam Hasan ؓ took a date from dates brought for Sadqa, whereupon Nabi ﷺ said, ‘Leave it! Leave it! Throw it away. Do you know not, that we do not eat Sadaqa (charity)?’

There are also narrations from Tuhmaan, Bahaz bin Hakim, Bara’, Zaid bin Arqam, Amr bin Khaarja, Salman, Abdur Rahman bin Abi Layla, Maymoon, Kaysaan, Hirmaz, Khaarja bin Amr, Mughira and Anas اﷲ ي�ر ﻋﻨهﻢ �uﻌﺎS that Sadaqaat (Charity) is impermissible (i.e. unlawful) for the Ahle Bayt of Rasoolullah ﷺ.

LAWS OF JURISPRUDENCE

Law 1: The uses of Zakaat are 7 (seven):

1.A Faqeer
2.Miskeen
3.Aamil
4.Riqaab
5.Ghaarim
6.Fi Sabeelillah
7.Ibn-us-Sabeel. [Durr-e-Mukhtar, vol.2, pg.79]

A Faqeer

Law 2: A Faqeer refers to that person who has some assets, but they are less than the Nisaab (standard current threshold, i.e. he is insolvent in the view of not having Nisaab). Alternatively, even if he has some assets which reach the Nisaab, but they are absorbed in Haajat-e-Asliyah (a person’s basic essentials/expenses), such as his house in which he lives, clothes needed for wearing, a handmaid or slave for his service, Deeni (Religious) books for those in the field of knowledge, which do not exceed their necessity. This has already been explained earlier. Similarly, if he is a debtor, and after deducting his debt, he is not left with any Nisaab, he is regarded as a Faqeer, even though he may not have just one, but many Nisaabs at one time. [Raddul Muhtar, vol.2, pg.80]

Law 3: If the Faqeer is an Aalim, then it is better (more virtuous) to give it (i.e. the Zakaat) to him rather than giving it to an uneducated person. [Alamgiri, vol.1, pg.187]. When giving it to an Aalim, be sure to take heed to his self-respect. It should be given to him with respect,

just as a younger one gives a gift to an elder. Allah forbid, if one has contempt in his heart regarding the Aalim, then this is a cause of severe ruin and destruction.

A Miskeen

Law 4: A Miskeen refers to that person who is completely destitute and has nothing at all and is so dependent that he does not even have food to eat, or clothing to cover his body with. Also, he is forced to beg from the people, and for such a person to beg is Halaal. However, it is not permissible for a Faqeer to beg, for one who has food to eat and clothing to cover his body with, then for him to beg without need or without compulsion, is Haraam. [Alamgiri, vol.1, pg.187/188]

An Aamil

Law 5: An Aamil is the person who has been appointed by the Muslim Ruler to collect the Zakaat and the Ushr. In accordance with his duties, he should be paid an amount which will be adequate for him and his assistants, but he should not be given an amount which exceeds half of what he has collected. [Durr-e-Mukhtar, vol.2, pg.80/81]

Law 6: Even if the Aamil is Ghani (i.e. he has equivalent to the Nisaab), he can still take payment for his duties. If the Aamil is a Hashmi (i.e. Sayed) then even to pay him from the Zakaat money is not permissible, and for him to take this is also impermissible. However, if it is given to him from some other deposit (money), then there is no harm in him taking this. [Alamgiri, vol.1, pg.188]

Law 7: If the Aamil loses possession of the Zakaat money (or items), then he will now not receive anything, but the Zakaat of those who

paid it, will be discharged. [Durr-e-Mukhtar, Raddul Muhtar, vol.2, pg.80/81]

Law 8: If someone takes his Zakaat and personally deposits it in the Bait ul Maal (Muslim Treasury), then the returns for this will not be given to the Aamil. [Alamgiri, vol.1, pg.188]

Law 9: If the Aamil took his payment in advance, or if the Qadi handed it over to him, then this is permissible, but it is best that it should not be given in advance. Alternatively, if it was given in advance, and the money which he collected was ruined (lost), then the apparent (rule) is that the payment will not be taken back.

The Riqaab

Law 10: Riqaab refers to giving a Mukatib slave the bond amount for his freedom, so that with that amount he may pay off the bond (to his master) in exchange for his freedom. [General Books, Alamgiri, vol.1, pg.188]

Law 11: Even the Mukatib of a Ghani can be given Zakaat, even though you may know that he is the Mukatib of a Ghani (solvent / wealthy person). If a Mukatib is failing to pay the bond in exchange for his freedom, and he then again becomes a slave, then whatever amount of Zakaat he has taken, his master may utilise it, even though he (the master) may be Ghani. [Durr-e-Mukhtar, vol.2, pg.86]

Law 12: The Zakaat that has been given to a Mukatib was for him to pay for his freedom, but he has the choice of using it for something else. If the Mukatib has wealth equivalent to the Nisaab, and it is even more than what he needs to pay in exchange for his freedom, he can

still be given Zakaat, but the Mukatib of a Hashmi cannot be given Zakaat. [Alamgiri, vol.1, pg.188; Durr-e-Mukhtar, vol.2, pg.82]

A Ghaarim

Law 13: A Ghaarim refers to that debtor, who is so deep in debt that after coming out of this debt, he will not be left with Nisaab, even though he is owed by others, but he is not able to recover it from them. However, the condition (here) is that the debtor should not be a Hashmi. [Durr-e-Mukhtar, vol.2, pg.83]

Fee Sabeelillah

Law 14: Fee Sabeelillah, means to spend in the way of Allah. There are few ways of doing this. Some examples are as follows:

If a person is dependent and wants to partake in Jihad1 (True Holy War), and he is in need of a mode of transport and necessities for his journey, then he may be given Zakaat, because to do this, is to give in Way of Allah. Even though he may be capable of earning,

If a person wishes to go on Hajj, but he does not have the funds to do so, then he may be given Zakaat for this purpose. However, he is not allowed to beg in order to go for Hajj

 

1: This does not refer to the terrorists and extremists who call on people in the name of Jihad to kill innocent people. This is not Jihad, but it is against the Shariah. Such people and groups should not be supported at all. Jihad is to fight truly for the sake and for the defence of Islam. [Razvi Noori]

A Taalib e Ilm (i.e. a student who is studying Deeni knowledge) or aims to go out to study Deeni knowledge. Such a person may also be given Zakaat, as this is also regarded as giving in the Way of Allah. However, a Taalib e Ilm, is also permitted to ask (beg) for Zakaat, if he has devoted himself only for this reason (i.e. to acquire Deeni knowledge), even though he may be able to earn a livelihood.

Likewise, to spend Zakaat on all virtuous actions is regarded as Fee Sabeelillah, i.e. to spend in the Way of Allah, on condition that it must be ‘Tamleek’ (the recipient must be made the owner), because if the condition of Tamleek is not met, Zakaat will not be discharged. [Durr- e-Mukhtar, vol.2, pg.83]

Law 15: Many people send their Zakaat to Islamic Madrassas (seminaries). They should inform the trustees of the Madrassa that the said amount is Zakaat, so that the Trustees may keep this money separately and not mix it with other funds. They should spend this on the poor students, and it should not be given as payment for any work undertaken, otherwise the Zakaat will not be discharged.

Ibn-us-Sabeel

Law 16: Ibn-us-Sabeel refers to the traveller. This refers to a traveller who has become insolvent. He may take Zakaat, even though he may have wealth (assets etc.) available at home. He is only permitted to take that amount which is necessary for him to fulfil his needs. He is not permitted to take more than this. Similarly, if a Malik e Nisaab (solvent person), is owed by someone else for a period of time, and that time fixed (to receive his money) has not elapsed as yet, and he is now in need, or if the one who owes him the money is not present

there at the moment, or if he is there, but he has nothing, or he refuses to accept that he owes that debt, even though the one being owed has evidence that he owes him, then in all these cases, one may take Zakaat as per need, but it is however better to take a loan if that option is available to you, in order to sort your needs. [Alamgiri, Durr- e-Mukhtar]

If the debt is Dayn e Mu’ajjal (i.e. A prompt loan), or if the time frame has elapsed and the solvent debtor is present, and also acknowledges it, then in this case one cannot accept Zakaat, because in this case he can receive it from the debtor and fulfil his need, in reality, he is not needy. It must be noted that a loan, which in common terms is also called ‘current loan’ or a ‘short term loan’ in the language of Shariah (law) is always Mu’ajjal, meaning whenever one wishes to, he may demand (its payment), even though there are a thousand pledges, promises, written agreements or promissory notes which fix a duration, that it will only be paid after such and such amount of time, even though it is written that within that time frame, one cannot be first to demand, and if one demands then that demand will be invalid. All of these conditions are regarded as invalid, and the one who has given the loan has the right to demand at any time. [Durr-e-Mukhtar, vol.2, pg.84]

Law 17: If a Musafir, or that Malik e Nisaab who is being owed by someone else, took an amount of Zakaat as per necessity, in the time of need, and then he received his own wealth (money). For example, if a Musafir has reached home, or the Malik e Nisaab received payment of his debt, then in this case he may now still utilise, whatever is remaining of that Zakaat. [Raddul Muhtar, vol.2, pg.84]

Law 8: The one who is giving his Zakaat has the choice (right) of giving it to all seven categories (of recipients), or he may simply give it to just one from amongst them, be this few people of the same category, or to just one person. If the person (giving Zakaat) does not have Zakaat (to give) which is equal to the amount of Nisaab, then it is better to give it to one person. Also, to give to just one person an amount which is equivalent to Nisaab, is Makruh, but if he gave it to him, it will be regarded as being discharged. It is Makruh to give just one-person Zakaat which is equivalent to Nisaab, only if the Faqeer is not a debtor, and if he is debtor, then he should be given such an amount that after paying the debt, nothing remains, or if less than the Nisaab of Zakaat remains, then it is not Makruh. Likewise, if the Faqeer has a family, and even though the amount being given to him is more than the Nisaab of Zakaat, but if he will spend it (distribute it) amongst his family, then all of them get an amount that is less than Nisaab, then there is no harm in doing so. [Alamgiri, vol.1, pg.188]

Law 19: When paying Zakaat, it is necessary to make the one whom you are giving Zakaat to, the Maalik (owner) of the wealth (i.e. it must be given in his possession), and simply giving permission is not sufficient. Therefore, to spend the Zakaat money in the Masjid, or to give Kafan (shroud) for the deceased with it, or to pay the debt of a deceased with it, or to free a slave, or to construct a bridge, guest house (Musafir Khana), public bath or road, or to dig a canal or a well, (i.e. meaning to spend that money for all of these things), or to buy books etc. and then make it Waqf, is not sufficient (for Zakaat to be discharged). [Jauhira, Alamgiri, vol.1, pg.188; Tanweer, vol.2, pg.85]

Law 20: If a Faqeer owes money, and on his authority, it was paid off with Zakaat, then in this case the Zakaat will be discharged, and if this was not done on his authority, then it will not be counted as being

discharged. If a Faqeer gave permission, but died before it was paid off, and if this debt is then paid from Zakaat, then it will not be discharged. [Durr-e-Mukhtar, vol.2, pg.85]

We have already explained the issue of making Heela with Zakaat money for these purposes, so if one wishes to make Heela, then he may do so.
Law 21: Zakaat cannot be given to your actual (direct family), meaning you cannot give your Zakaat to your:

1.Mother
2.Father
3.Paternal grandfather (Dada)
4.Paternal grandmother (Daadi)
5.Maternal grandfather (Naana)
6.Maternal grandmother (Naani) etc.

In other words, those in whose children we are. Zakaat cannot also be given to your own children, meaning to your:

1.Sons
2.Daughters
3.Paternal grand-sons
4.Paternal grand-daughters
5.Maternal grand-sons
6.Maternal grand-daughters etc.

Likewise, we cannot give them Sadqa, Fitrah, Nazr (offering) and Kaffarah. However, we are allowed to give Nafil (optional) Sadqa to them, and in fact it is better to give this to them. [Alamgiri, vol.1, pg.188; Raddul Muhtar, vol.2, pg.86, etc.]

Law 22: Zakaat cannot be given to a child born out of adultery which is from him (i.e. his own but illegitimate), or that child which was born from his legally married wife whilst she was in his Nikah, but he says that this is not my child. [Raddul Muhtar, vol.2, pg.86]

Law 23: Zakaat can be given to your daughter in law, son in law, step mother, step father, or to the children of your wife (from a previous marriage), or to the children of your husband (from another marriage). Zakaat may also be given to other relatives whose maintenance is Waajib upon you, as long as it is not deducted from that maintenance. [Raddul Muhtar, vol.2, pg.86]

Law 24: If one’s parents are dependent (needy) and he wish to make Heela with Zakaat and give it to his parents, in a way where he gives it to a Faqeer and then the Faqeer gives it to them, then this is Makruh. [Raddul Muhtar, vol.2, pg.86]. It is also Makruh to give (your Zakaat) to your children after making Heela.

Law 25: You cannot give Zakaat to your own (slave or servant), or to your family (slave or servant), or to the slave of your wife or of your husband, or to a Mukatib, or a Mudab’bir, or to an Umm e Walad, or to any such slave in whom you have any ownership, even if certain parts of him are freed already. [Alamgiri, vol.1, pg.189]

Law 26: A wife cannot give her Zakaat to her husband, and a husband cannot give his Zakaat to his wife, even if he has given her Talaaq e Baa’in, or even if he has given her three Talaaqs, for as long as she is still in Iddat. If the Iddat is completed, then he may give his (Zakaat to) her. [Durr-e-Mukhtar, Raddul Muhtar, vol.2, pg.87]

Law 27: It is not permissible to give Zakaat to one who is Maalik e Nisaab (whereas that thing is clear of Haajat e Asliyah, meaning, house, housekeeping items, clothes to wear, servant, animal (mode) of transport, weapons, books for the men of learning which are for his work, and all things which are regarded as Haajat e Asliyah, even though such items are more than this, even though a year has elapsed over it, and even though it is not Maal e Naami, i.e. productive wealth).

Additionally, Nisaab here means the value of those items should be equal to two hundred dirhams (i.e. the current standard Nisaab), even though by itself it may not be so much that Zakaat is Waajib on it. For example, if six Tola of gold is equal to the value of two hundred dirhams, then the one who has this, even though Zakaat is not Waajib on him, because the Nisaab (threshold) of gold is seven and half Tola, but that person cannot be given Zakaat. Alternatively, in the case where he has thirty goats or twenty cows, which add up to the value of two hundred dirhams, then he cannot be given Zakaat, even though Zakaat is not Waajib on him. Also, if he has more goods than his need, which are also not for trade purpose, but they are equal to two hundred dirhams (i.e. Nisaab amount), then he cannot be given Zakaat. [Raddul Muhtar, vol.2, pg.88]

Law 28: A fit and healthy person (who is a legal recipient of Zakaat), can be given Zakaat, even though he has the capability to earn a

living, but for him to beg is not permissible. [Alamgiri, vol.1, pg.189, etc.]
Law 29: Even the slave of one, who is Maalik e Nisaab, cannot be given Zakaat, even though the slave may be crippled, and even if his master does not give him food to eat, or if his master has disappeared. However, the Mukatib and Mazoon of a Maalik e Nisaab can be given Zakaat, when both he and his wealth are locked (sunk) in debt. Similarly, the na-Baaligh children of a wealthy (i.e. solvent) person cannot be given Zakaat. However, it can be given to the Baaligh children of a Ghani (wealthy, i.e. solvent person), on condition that they are Faqeer. [Alamgiri, vol.1, pg.189; Durr-e-Mukhtar, vol.2, pg.89/90]

Law 30: The wife of a Ghani person can be given Zakaat, on condition that she is not Maalik e Nisaab. Similarly, the father of a Ghani can be given Zakaat as long as he is a Faqeer. [Alamgiri, vol.1, pg.189]

Law 31: A woman who’s Mahr (dowry) is owed to her by her husband, even if that amount is equivalent to Nisaab, and even if her husband is wealthy, and he has the means to pay it; can still be given Zakaat. [Jauhira Nayyira]

Law 32: A child whose mother is Maalik e Nisaab, even though the child’s father is not alive, that child can be given Zakaat. [Durr-e- Mukhtar, vol.2, pg.90]

Law 33: If a person has a house or shop which he gives on rent, and the amount he gets is three thousand dirhams, for example, but this rental is not enough to suffice for the (essential) needs of his family, then to give him Zakaat is permissible. Similarly, if he has a farmland, on which he farms, but whatever he gets out of that land is not

sufficient to sustain his family for the entire year, then he too can be given Zakaat, even though the value of the farmland is more than two hundred dirhams (i.e. more than the current standard Nisaab amount). [Alamgiri, vol.1, pg.189; Raddul Muhtar, vol.2, pg.88]

Law 34: One who has grain to eat, which is equal to the value of two hundred dirhams (i.e. equal to the current standard Nisaab amount), and that grain is sufficient for him for the entire year, then too, to give him Zakaat is Halaal. [Raddul Muhtar, vol.2, pg.88]

Law 35: Winter clothing which is not needed in the summer months is (still) regarded as being from Haajat e Asliyah. Even if one has such clothing, and even if they are very expensive, he may still accept Zakaat. If a person has a house in which he lives, but it is larger than he needs, meaning that he does not use the entire house to live in, then such a person is still allowed to take Zakaat. [Raddul Muhtar, vol.2, pg.88]

Law 36: A woman is personally the Maalik of the Jahez (bride’s portion), which she receives from her parents. In it there are (usually) two types of things (items);

The first type consists of those things which are of need, such as household and housekeeping goods, clothing for use, and utensils for (home) use. No matter how many of these items she may have, she will not be regarded as being Ghani (on the basis of these items).

The second type of things she receives, are those which are over and above that which is regarded as Haajat e Asliyah, which are given for adornment, such as jewellery, and those things which are except the needed things, and ornaments, and very expensive clothing which are

given to her to wear when leaving (her mother’s home), or when returning (to her mother’s home). If the value of these things is equivalent to the Nisaab, then the woman is regarded as Ghani and cannot accept Zakaat. [Raddul Muhtar, vol.2, pg.89]

Law 37: If one has pearls and other gemstones etc, and they are not meant for trade (business purposes), then their Zakaat is not Waajib, but if it is to the value of Nisaab, then that person cannot accept Zakaat. [Raddul Muhtar, vol.2, pg.89]

Law 38: If one has an orchard in his home which is equivalent to the value of Nisaab, but in the orchard, it does not have those things which are necessities for a house, such as a kitchen and bathroom etc. then for him to accept Zakaat is not permissible. [Alamgiri, vol.1, pg.189]

Law 39: The Bani Hashim cannot be given Zakaat. Neither can a non- Hashmi give a Hashmi Zakaat, nor can another Hashmi give a Hashmi Zakaat. Bani Hashim refers to the descendants of Hazrat Ali, Hazrat Ja’far, Hazrat Aqeel, Hazrat Ab’bas and Hazrat Haarith bin Abdul Mutallib. With the exception of the above, those who did not support Nabi Kareem ﷺ, such as Abu Lahab, that even though this unbeliever was also the son of Hazrat Abdul Mutallib, but his children will not be counted amongst the Bani Hashim. [Alamgiri, vol.1, pg.189]

Law 40: Even slaves freed by Bani Hashim cannot be given Zakaat, so to give (Zakaat) to those slaves who are still under their ownership is impermissible to a greater extent. [Durr-e-Mukhtar, vol.2, pg.91 etc.; General Books, Alamgiri, vol.1, pg.89]

Law 41: If the mother (of someone) is Hashmi, who is in fact a Sayyidaani (i.e. female descendant of Nabi ﷺ family), and the father is not Hashmi, then that person is not considered to be a Hashmi, as the lineage in Shariah is from the father. Hence, such a person can be given Zakaat, if there is no other restriction of the Shariah.

Law 42: Nafil Sadqa and earnings from the Awqaaf (Trust) can be given to Bani Hashim, whether the one who made the Waqf, selected them or not. [Durr-e-Mukhtar, vol.2, pg.91]

Law 43: A Zimmi Kaafir can neither be given Zakaat, nor any Waajib Sadaqa, such as Nazr (offering), Kaffarah (compensation) and Sadaqa e Fitr, and it is not permissible to give a Harbi any type of Sadaqa, neither Waajib nor Nafil, even though he may be in Darul Islam under the refuge of the Muslim King (Ruler). [Durr-e-Mukhtar, vol.2, pg.92]

Even though India is regarded as Darul Islam, the Kufaar here are not Zimmi, and to give them Nafil Sadaqa such as donations etc. is not permissible.

Beneficial Note

To give any other Sadaqa e Waajiba such as Nazr (offering), Kaffarah (compensation) and Fitrah etc. to those who cannot be given Zakaat, is also impermissible; except for hidden treasure (which is found) and that which is from a mine. As the one-fifth of that can be given to your children and to your parents, and there are actually certain circumstances when one can use it personally as well, which has already been explained earlier. [Jauhira]

Law 44: For those concerning whom it has been mentioned that they can be given Zakaat, the condition is that all of them must be Faqeer, except for an Aamil, as it is not a condition for him to be a Faqeer. As for the Umm-us-Sabeel, even though he is Ghani, but at that time, he will fall under the category of a Faqeer. Zakaat cannot be given to anyone else who is not a Faqeer. [Durr-e-Mukhtar, vol.2, pg.88]

Law 45: If a person who is on his deathbed (i.e. in his final illness), gave Zakaat to his brother, and this brother is his heir, then in the Court of Allah, this Zakaat has been discharged. However, the other heirs have the right, to take that Zakaat back from him, as it falls within the ruling of the bequest (Wasiyat), and it is not proper without the permission of the other heirs to the make a Wasiyat to a (particular) heir. [Raddul Muhtar, vol.2, pg.86]

Law 46: If Zakaat was given (by someone) to someone who serves him, and who does his chores, or if it was given to one who gave him some glad tidings (good news), or if he gave it to that person who sent him some gift, then all of this is permissible. However, if he gave it and said that it is in return (for whatever they did), then it is not discharged. During Baqr Eid, if he gave it to the male and female servants but said that it was Eidi (Eid gift), it will be discharged. [Jauhira, Alamgiri, vol.1, pg.190]

Law 47: If one used Tahar’ri (positive intuition), meaning he thought about it, and his heart confirmed and was fully content with this, that such and such person can be given Zakaat, and he thus gave the Zakaat to him, but later it was ascertained that he is a valid recipient of Zakaat, or his condition was still not known, then (in this case) the Zakaat will be regarded as being discharged. However, if later one ascertained that he was a Ghani, or that they were from among his

parents, or it was his child, or her husband, or his wife, or he was a Hashmi, or the slave of a Hashmi, or he was a Zimmi, then (in all such cases) it will be counted as being discharged. If one came to know that it was his own slave, or a Harbi, then it is not discharged. He should now pay it again. It will also fall under the ruling of Tahar’ri, if someone asked (begged) for Zakaat and he gave it to him, without thinking of him as being Ghani, or if a person was sitting with a group of Faqeers, looking like one of them, and he gave it to him. [Alamgiri, vol.1, pg.190; Durr-e-Mukhtar, Raddul Muhtar, vol.2, pg.92]

Law 48: If one gave Zakaat to someone without evening thinking about it, meaning he did not even think as to whether he can be given the Zakaat or not, and later he realised that he was not allowed to give him Zakaat, then in this case it will not be discharged; otherwise it will be discharged. If whilst giving it to him, if one had a doubt but one did not do Tahar’ri, or even if he did do Tahar’ri, but his heart did confirm and lean to one particular side, or if he did Tahar’ri and there was predominant likelihood that this person is not a legal recipient of Zakaat, but he still gave it to him, then in all such cases it will not regarded as being discharged.

It will (only) be regarded as discharged, if after giving it, it became evident that he was a legal recipient of Zakaat. [Alamgiri, vol.1, pg.190]

Law 49: In Zakaat and other Sadaqaat, it is Afdal (more virtuous), to first give it to your brothers and sisters, then to their children, then to your paternal uncles and aunts, then to their children, then to your maternal uncle and aunt, then to their children, then to (other) Zawil Arhaam (i.e. blood relatives), then to your (Muslim) neighbours, then to people of your own profession, then to the people of your own village, city or town. [Jauhira, Alamgiri, vol.1, pg.190]

It is reported in the Hadith that Nabi ﷺ said, ‘O Ummah of Muhammad ﷺ! By Him Who sent Me with the Truth, Allah Almighty does not accept the Sadaqa (Charity) of that person, whose relatives are in need of his assistance, but he gives it to someone else. By Him in Whose Divine Power is My Soul! Allah Almighty Allah will not look towards him with Mercy on the Day of Qiyaamat.’ [Raddul Muhtar, vol.2, pg.93/94]

Law 50: To send Zakaat to another city is Makruh, unless his relatives are there, then he may send it there to them, or if those there have a greater need for it, or the one to whom he is giving it, is more pious, or if it is more beneficial to the Muslims by sending it there. Alternatively, if it was sent for students of Deen, or for true worshippers; or if he is in Darul Harb and he sends it to Darul Islam, or if he sends it before his (Zakaat) year ends. To send it to another city (or town) in all these cases is permissible without any objection or protest. [Alamgiri, vol.1, pg.190; Durr-e-Mukhtar, vol.2, pg.93/94]

Law 51: A City (Town) here refers to that city, where his wealth (assets etc) is present. If he lives in one city and his wealth is present in another city, then in this case he should give it to those Fuqara who are in that city, and in the ruling of Sadaqa e Fitr, city refers to the city in which you are personally present. If one is personally in one city and his minor children and slaves are in another city, then he should distribute the Sadaqa e Fitr to the Fuqara of the city in which he personally is. [Jauhira, Alamgiri, vol.1, pg.190]

Law 52: It is impermissible to give Zakaat to a Bud-Mazhab (deviants). [Durr-e-Mukhtar, vol.2, pg.96]

When this is the ruling concerning the Bud-Mazhabs, then what can be said about the wahabiya of this time, who commit blasphemy in the Court of Allah, and insult the exalted station of the Beloved Rasool ﷺ, and they even publicise this. They are those whom the Grand (Righteous) Ulama e Haramain Sharifain have unanimously decreed to be Kaafir (unbelievers) and Murtad (apostates), even though they may call themselves Muslims. To give Zakaat to them is Haraam, and strictly Haraam, and if you did give it to them, then it will never be regarded as discharged under any circumstance.

Law 53: If one has food for the day, or if he is fit and healthy enough to earn a living, then for such a person to beg for food, is not Halaal. If someone gives him food without him begging (or asking for it), then for him to accept it is permissible. If he has enough to eat, but he does not have sufficient clothing, then in this case he may beg for clothing. Similarly, if he is occupied in Jihad (Truly fighting in the Way of Allah), or he is a student of Deen, then even if he is fit and healthy and is able to earn, he is allowed to ask for assistance.

It is also impermissible to give to such a person, upon whom it is not permitted to ask for assistance. One who gives him is sinful. [Durr-e- Mukhtar, vol.2, pg.95/96]

Law 54: It is Mustahab to give a person such an amount that he has no need to ask help (beg) for that day, and this differs based on the condition (i.e. the needs) of the Faqeer. One will have to consider his food (i.e. how much he requires), his family and children (i.e. the size of his family), and his other needs, and then give him (based on this information). [Durr-e-Mukhtar, vol.2, pg.93]

 

 

 

 

 

 

Chapter 2

sadaqa e Fitr
sadaqa e Fitr in the Light of Hadith 139
Laws of Jurisprudence 140

IN THE LIGHT OF HADITH

Hadith 1: It is in Sahih Bukhari and Muslim from Abdullah ibn Umar ﻋﻨهﻤﺎ �uﻌﺎS اﷲ ي�رthat Rasoolullah ﷺ instructed the payment of one Sa’ of dates or one Sa’ of barley as Zakaat-ul-Fitr on every Muslim slave or free man, male or female, young or old. In addition, He ﷺ commanded that it be paid before (the people) went out to offer (Eid) Namaaz.

Hadith 2: It is reported in Abu Dawud and Nasa’i that at the end of Ramadaan, Abdullah ibn Ab’bas ﻋﻨهﻤﺎ �uﻌﺎS اﷲ ي�ر said, ‘Pay Sadaqa for your fasts, for this Sadaqa has been stipulated by Rasoolullah ﷺ, which is one Sa’ of dates or one Sa’ of barley or half Sa’ of wheat.’

Hadith 3: It is in Tirmizi Shareef from Amr bin Shu’aib who reported from his father, who in turn reported from his grandfather that Rasoolullah ﷺ sent a person into the neighbourhoods of Makkah and said, ‘Announce that the Sadaqa e Fitr is Waajib (compulsory).’

Hadith 4: Abu Dawud, Ibn Majah and Haakim have reported from Ibn Ab’bas ﻋﻨهﻤﺎ �uﻌﺎS اﷲ ي�ر that Rasoolullah ﷺ stipulated the Zakaat-ul-Fitr, so that the fasts may be purified from shameless and vulgar utterances, and so that the needy (Miskeen) may be fed.

Hadith 5: Dailami, Khateeb and Ibn Asaakir report from Anas ؓ that Rasoolullah ﷺ said, ‘The fasts of a servant remains suspended between the skies and the earth, until he does not discharge the Sadaqa e Fitr.’

LAWS OF JURISPRUDENCE

 

Law 1: Sadaqa e Fitr is Waajib (compulsory). One has his entire life to discharge it. In other words, if he has not discharged it in the stipulated period, he should do so now (currently). If it is not discharged it will not fall away, and to pay it now (currently) does not mean it is Qaza, but it will still be regarded as Ada (on time), even though it is Masnun to do so before the Namaaz of Eid. [Durr-e- Mukhtar, vol.2, pg.98/99]

Law 2: Sadaqa e Fitr is Waajib upon the person (i.e. upon an individual) and not upon his wealth, so if he dies, it will not be paid from his wealth. However, if his heirs wish to pay it as a favour of goodwill from their side, then they may do so. However, they are not obligated to do so. If the deceased made a Wasiyat that it should be paid, then it must be paid up from the one third of his wealth (from which he is permitted to make a Wasiyat), even if his heirs refuse to give permission for this. [Jauhira etc.]

Law 3: Sadaqa e Fitr becomes Waajib on the Day of Eid as soon as the Subho Saadiq (True Dawn) appears. Therefore, the person who died before morning (Subho Saadiq), or if a person was wealthy and became a Faqeer, or if an unbeliever became a Muslim after the first light appeared, or if a child was born, or if a person who was a Faqeer became wealthy, then it is not Waajib upon them. However, if he died after first light appeared, or if an unbeliever became a Muslim before first light appeared, or if a child was born, or if he was a Faqeer and became wealthy, then it is Waajib upon them. [Alamgiri, vol.1, pg.192]
Law 4: Sadaqa e Fitr is Waajib upon every Free Muslim who is Saahib e Nisaab, whose Nisaab is over and above his Haajat-e-Asliyah. In this, there is no condition of Aaqil (Sanity), Baaligh (puberty) and Maal Al Naami (Productive Wealth). [Durr-e-Mukhtar, vol.2, pg.99]. Maal Al Naami and Haajat-e-Asliyah have already been discussed earlier. You may peruse its circumstances there.

Law 5: If a Na-Baaligh or Majnun (insane person) is Maalik-e-Nisaab (possessor of Nisaab) then Sadaqa e Fitr is Waajib upon them. Their guardian should pay it from their wealth. If the guardian did not pay it and the Na-Baaligh became Baaligh, or if the insanity of the insane person has gone away, then they should pay it up personally. If he was not personally Maalik-e-Nisaab and the guardian did not pay it, then after becoming Baaligh and returning to his proper senses, he is not responsible for its payment. [Durr-e-Mukhtar, Raddul Muhtar, vol.2, pg.99]

Law 6: In order to pay Sadaqa e Fitr, it is also not a condition for the Maal (wealth/item) to remain intact. Even after the Maal is destroyed (lost), Sadaqa is still Waajib and it will not fall away (be waived); and this is opposite to the (ruling of) Zakaat and Ushr. Both these fall away after the Maal has been ruined (lost). [Durr-e-Mukhtar, vol.2, pg.100]

Law 7: Sadaqa e Fitr is Waajib upon a male who is Maalik-e-Nisaab in his personal capacity, and on behalf of his minor children as well, if the minors are themselves not Maalik-e-Nisaab; and if they are Maalik-e-Nisaab, then the Sadaqa should be paid up from their wealth. In addition, the Sadaqa of a child who is not sane, even though he is Baaligh, if he is not Ghani, is the responsibility of his father, i.e. it is Waajib upon his father. However, if he is Ghani, then it must be paid from his wealth, be this if his insanity is Asli (i.e. he entered puberty in this state), or if it only occurred temporarily, in other words afterwards; then too the ruling for both is the same. [Durr-e-Mukhtar, Raddul Muhtar, vol.1, pg.101]

Law 8: For Sadaqa e Fitr to become Waajib, fasting is not conditional. If one did not fast due to some valid reason, or due to travelling, or due to an illness, or old-age or (Allah Forbid) if he left out the fast without a valid reason, then in all the said cases, the Sadaqa e Fitr is still Waajib. [Raddul Muhtar, vol.2, pg.101]

Law 9: If a female who has not as yet reached the age of puberty, but is capable to serve her husband, and has been given in Nikah, and she has been sent to the home of her husband as well; then in this case her Sadaqa e Fitr is not Waajib upon anyone. Neither is it Waajib upon her husband and nor is it Waajib upon her father; and if she is not capable of serving her husband, or if she has not been sent to the home of her husband as yet, then accordingly it is the responsibility of her father.

All this is only applicable if the female herself is not Maalik-e-Nisaab, otherwise in any case the Sadaqa e Fitr will be paid from her own wealth. [Durr-e-Mukhtar, Raddul Muhtar, vol.2, pg.101]

Law 10: If there is no father (i.e. if he is deceased), then the paternal grandfather is in place of the father. It is Waajib upon him to give the Sadaqa on behalf of his needy grandsons and grand-daughters. [Durr- e-Mukhtar, vol.2, pg.101]

Law 11: It is not Waajib upon the mother to pay Sadaqa on behalf of her minor children. [Raddul Muhtar, vol.2, pg.101]

Law 12: Sadaqa e Fitr is Waajib upon the Maalik (Owner) on a servant (slave) which he has kept for his services, for the Mudab’bir1 and for the Umme Wulad2, even if the servant (slave) is debtor and is soaked in debt, and if the slave is pledged (i.e. a loan), and if the Maalik has over and above the Haajat-e-Asliyah by which he can pay off the debt, and he will still be Maalik-e-Nisaab, then the Sadaqa is also Waajib on the Master on his behalf as well. [Durr-e-Mukhtar, vol.2, pg.102; Alamgiri, vol.2, pg.192]

Law 13: The Sadaqa on a slave that is for business purpose is not Waajib upon the owner, even if his price (value) is not equal to the Nisaab. [Durr-e-Mukhtar, Raddul Muhtar, vol.2, pg.102]

 

1: Mudab’bir refers to slave released by his master, whereby he declares that he should only be free after his death.

2: Umme Walad: a female slave who gave birth to a child accepted by her master as his offspring

Law 14: If a slave was given on loan or the master entrusted him to someone (temporarily), then Fitrah is Waajib upon the Maalik. In addition, if he made a Man’nat saying that this slave will work for such and such person and after me his owner is such and such person, then the Fitrah is upon the Maalik and it is not the responsibility of the person in whose possession he is. [Durr-e-Mukhtar, vol.2, pg.102]

Law 15: The Maalik is not liable for the Fitrah of a slave who has fled and for a slave who has been captured by Harbis (hostile kufaar). Similarly, if someone has kidnapped (the slave) and the kidnapper refuses he has done so, and there are no witnesses to this, then Fitrah for him is also not Waajib. However, once he is found, then Fitrah for the past year should be paid on his behalf. If the Harbi became Maalik of the slave, then even after he is returned, there is no Fitrah for him. [Alamgiri, vol.1, pg.193; Raddul Muhtar, vol.2, pg.103]

Law 16: There is neither Fitrah on a Mukatib1 and nor is the Maalik of the Mukatib liable for his Fitrah. Likewise, is the ruling regarding the Mukatib and slave of a Mazoon2. If the Mukatib is unable to fulfil the bond agreement then the Maalik is not liable for Fitrah for the past year. [Alamgiri, vol.1, pg.193]

Law 17: If a slave is owned jointly by two or more persons, then neither is liable for his Fitrah. [Alamgiri, vol.1, pg.193]

 

 

 

1: Mukatib is a slave who is under bond with his master to pay for his freedom in instalments 2: Mazoon is a licenced or privileged slave

Law 18: If a slave was sold and both the Baa’i (Seller) and Mushtari (buyer) have kept the choice of returning open, and the day of Eid ul Fitr arrived, and the time frame did not expire as yet, then his Fitrah is suspended. If the sale remained established, then the Fitrah is upon the Mushtari (buyer). [Alamgiri, vol.1, pg.193]

Law 19: If the Mushtari rescinds due to Khiyar Al Ayb (Option of Defect) and/or Khiyar Al Ru’yah (Option of Physical Inspection), then if he had already taken ownership, the Fitrah is on the Mushtari, if not it is on the Baa’i. [Alamgiri, vol.1, pg.193]

Law 20: If a slave was sold, but the deal became void, and the Mushtari returned him after taking ownership, or if he took ownership and then freed him after Eid, then in this case it is on the Baa’i. In addition, if he took ownership before Eid and freed him after Eid, then the Mushtari is liable for the Fitrah. [Alamgiri, vol.1, pg.193]

Law 21: If the Maalik said to his slave, ‘You are free when the day of Eid comes,’ then the slave will be free on the day of Eid, and the Fitrah will be Waajib upon the Maalik. [Alamgiri, vol.1, pg.193]

Law 22: A person is not liable for the Fitrah of his wife and his children who are Aaqil and Baaligh, even if they are cripple, and even if he is responsible for their provisions. [Durr-e-Mukhtar, vol.2, pg.102, etc.]

Law 23: If a person paid the Fitrah of his wife and his Baaligh children without their permission, it will be counted as being discharged, on condition that the children are from his Ay’yal (i.e. his children whom he is providing for, i.e. his dependants). In other words, the provisions etc. of those children are his responsibility;

otherwise it will not be regarded as discharged if he does so, on behalf of his children without their permission. If the wife paid the Fitrah of her husband without his authority, it will not be discharged. [Alamgiri, vol.1, pg.193; Raddul Muhtar, vol.2, pg.102/103, etc.]

Law 24: One is not liable for the Fitrah of his mother, father, paternal grandfather, paternal grandmother, and his Na-Baaligh brothers and for that of his other relatives; and he cannot pay it without their authority. [Alamgiri, vol.1, pg.193]

Law 25: The quantity of Sadaqa e Fitr is half Sa’ of wheat or its flour, or Sittu (parched drink). One Sa’ of dates, or raisins or barley, or its flour, or Sittu. [Durr-e-Mukhtar, vol.2, pg.103; Alamgiri, vol.1, pg.191]

Law 26: If wheat, barley, dates and raisins are given (as Fitrah), then this does not depend on the value (price). For example, if half a Sa’ of good quality barley, which is equal to the value of one Sa’ of barley, or quarter Sa’ pure wheat that in value is equivalent to half Sa’ of wheat, or half Sa’ dates that are equivalent in value to half Sa’ barley or half Sa’ wheat is given, then all of this is impermissible. Only that quantity will be counted, which has been given. He is still liable to pay the rest, and he should pay this. [Alamgiri, vol.1, pg.192]

Law 27: If a person gives half Sa’ of barley and quarter Sa’ wheat, or if he gave half Sa’ dates, it is regarded as permissible. [Alamgiri, vol.1, pg.192; Raddul Muhtar, vol.2, pg.104]

Law 28: If wheat and barley are mixed together and the quantity of wheat is more, then half Sa’ should be given, otherwise one Sa’ must be given. [Raddul Muhtar, vol.2, pg.104]

Law 29: Instead of giving wheat and barley, it is more virtuous to give its flour, and even more virtuous than this is to give its value (in cash). One may either give the value of the wheat or the value of the barley or the value of dates, and in a time of shortage, it is better to give the actual thing instead of giving its value. If one gave bad (i.e. inferior) quality barley or wheat, then he should pay the balance, which is the price difference of good quality wheat or barley. [Durr-e-Mukhtar, Raddul Muhtar, vol.2, pg.106]

Law 30: If one wishes to discharge his Fitrah with something other than the four stipulated items; such as rice, corn, millet or some other grain, or by way of something else, then he will have to consider the price. In other words, these items should be equivalent to the price of half Sa’ wheat or one Sa’ barley. If he gives bread, then even in this, the price will be considered, even if it is made from wheat or barley. [Durr-e-Mukhtar, vol.2, pg.104; Alamgiri, vol.1, pg.191/192]

Law 31: In-depth research and caution is in this that the weight of one Sa’ is equal to that of 351 rupees, and that of half Sa’ is equal to that of 175 rupees and 25 cents. [Fatawa Razviy’yah] (This refers to the amounts at that time. Today half and one Sa’ will be calculated as per present weights and prices as converted from the Sa’. A guide for this has been given in the beginning of this section).

Law 32: To pay the Fitrah in advance is absolutely permissible as long as that person is present, on whose behalf it is being paid. This is even if he pays it before Ramadaan, and if he was not a Maalik-e-Nisaab at the time when it was being paid (on his behalf), so in this case the Fitrah will be valid. However, it is more virtuous to pay it after Subho Saadiq on the day of Eid, and before going towards the Eid Gah. [Durr- e-Mukhtar, vol.2, pg.106; Alamgiri, vol.1, pg.192]

Law 33: It is best to give the Fitrah of one person to one Miskeen (needy person), and if it was split between a few people, then this is also permissible. Similarly, it is unanimously permissible to give one Miskeen the Fitrah of numerous people, even though they may all be mixed together. [Durr-e-Mukhtar, Raddul Muhtar, vol.2, pg.107]

Law 34: If a husband authorised (ordered) his wife to pay his Fitrah and she mixed the wheat which was the Fitrah of her husband with the wheat of her Fitrah and gave it to a Faqeer, and the husband had not commanded her to mix them together, then in this situation the wife’s Fitrah is discharged and the husband’s Fitrah is not discharged, unless the tradition of mixing them is common practice (i.e. the norm), then in this case the husband’s will also be discharged. [Durr-e- Mukhtar, Raddul Muhtar, vol.2, pg.107]

Law 35: If the wife authorised the husband to give her Fitrah, and he mixed her wheat with his wheat, and gave it to the Faqeer, intending it for all, it is permissible. [Durr-e-Mukhtar, vol.3, pg.379]

Law 36: The recipients of Sadaqa e Fitr are the same as those who are the recipients of Zakaat. In other words, you may give Fitrah to those to whom you may give Zakaat, and you are not permitted to give Fitrah to those, to whom you are not permitted to give Zakaat, with the exception of an ‘Aamil’ (Zakaat Collector appointed by the Islamic Ruler), because he is permitted to accept Zakaat, but not Fitrah. [Durr- e-Mukhtar, Raddul Muhtar, vol.1, pg.108]
Law 37: You may give Fitrah to the wife of your slave, even though you are liable for her provisions. [Durr-e-Mukhtar, vol.2, pg.108]

 

 

 

 

Chapter 3

Begging & Asking For Financial Aid

 

Who May seek Financial Aid 150
Hadith Pertaining to Beggars & Begging 151

WHO MAY SEEK FINANCIAL AID (I.E. BEG) AND WHO MAY NOT?

In this day and age, we are faced with this common problem where those who are fit enough to work and feed others have forsaken themselves, thinking that what need is there to work and make effort and face difficulties, when you are getting what you need without any effort! They go out begging in an impermissible manner and then fill their stomachs by way of begging.

There are some amongst them that, leave alone labouring, they even regard some small business effort as lowly and cheap, and they regard begging, which is in reality shameless and disgraceful for such people, to be deserving of respect.

There are many who have made begging their profession. Such people have thousands of rupees in their homes, and they deal in usury (interest) and even do farming, but they do not leave begging.

When they are told about this, they say, ‘It is our profession!’ Bravo Sir! Do you want us to leave our profession? Whereas for such people to beg is Haraam (forbidden), and it is impermissible for those who are aware of their situation, to give them anything.

Now take heed to few Ahadith (on the next page) and observe what our Beloved Rasool ﷺ says about such beggars.

HADITH PERTAINING TO BEGGARS & BEGGING
Hadith 1: It is reported in Bukhari and Muslim from Abdullah ibn Umar ﻋﻨهﻤﺎ �uﻌﺎS اﷲ ي�ر that Rasoolullah ﷺ said that, man will continue begging until he comes forth on the day of Qiyaamat, without even a single piece of flesh on his face, in other words, he will come forth completely shameless.

Hadith 2-4: Abu Dawud, Tirmizi, Nasa’i and Ibn Hib’ban reported from Samurah bin Jundub ؓ that Rasoolullah ﷺ said, ‘Begging is a type of abrasion (injury), whereby a man begs and pulls at his face, so whosoever wishes to, he may leave this abrasion on his face and whosoever wishes to, should abstain from it. Unless, a man asks his right from the one in authority, or if he asks (begs) in a situation from which he has no other option (then it is permissible).’

Similar narrations have been narrated by Imam Ahmed from Abdullah ibn Umar ﻋﻨهﻤﺎ�uﻌﺎSياﷲ�ر and by Tabrani from Jaabir bin Abdullah ﻋﻨهﻤﺎ�uﻌﺎSياﷲ�ر.

Hadith 5: Baihaqi reported from Abdullah ibn Ab’bas ﻋﻨهﻤﺎ �uﻌﺎS اﷲ ي�ر that Rasoolullah ﷺ said, ‘If a person begs from the people whereas he is not afflicted by starvation, or he does not have as many children whom he is not able to provide for, then on the day of Qiyaamat he will come forth with no flesh on his face. Additionally, Huzoor ﷺ said, ‘One who is not faced with starvation or he does not have as many children whom he is not able to provide for, yet he opens the door of begging, then Almighty Allah will open unto him the doors of starvation, from such a place which is not even in his heart.’

Hadith 6 & 7: Nasa’i reported from Aa’iz ibn Amr ؓ that Rasoolullah ﷺ said, ‘If people only knew what is in begging, then none would go to anyone in order to beg.’

A similar narration is mentioned in Tabrani from Abdullah ibn Ab’bas
.ر�ياﷲSﻌﺎ�uﻋﻨهﻤﺎ

Hadith 8 & 9: Imam Ahmed reported with a Merit of it being Jayyid
i.e. a strong narration but not equal to Sahi), and Tabrani and Baz’zaz have reported from Imran bin Haseen ﻋﻨهﻤﺎ �uﻌﺎS اﷲ ي�ر that Rasoolullah ﷺ said, ‘If a Ghani (well-to-do) person begs, on the day of Qiyaamat his face will be defective.’

The narration of Baz’zaz mentions that for a Ghani (well-to-do) person to beg is fire. If a little was given, then a little and if a lot was given, then a lot.

Similar narrations are narrated by Imam Ahmed and Baz’zaz from Thaubaan ؓ.

Hadith 10: Tabrani has reported in Kabeer and Ibn Khuzaimah has reported in his Sahih and Tirmizi and Baihaqi have reported from Habshi bin Junadah ؓ that Rasoolullah ﷺ said, ‘One who begs without reason, it is as if he is eating embers (of fire).’

Hadith 11: Muslim and Ibn Majah report from Abu Hurairah ؓ that Rasoolullah ﷺ said, ‘One who begs without reason is begging for embers, whether he asks for more or less.’

Hadith 12: Abu Dawud, Ibn Hib’ban and Ibn Khuzaimah report from Suhail bin Hanzaliya ؓ that Rasoolullah ﷺ said, ‘A person who begs even though he has enough to suffice for him, such a person wants more fire.’ People asked, ‘What is the amount that a person should have, over and above which he is not permitted to beg?’ He ﷺ said, ‘A meal for the morning and night.’

Hadith 13: Ibn Hib’ban reported in his Sahih from Ameer ul Mo’mineen Farooq-e-Azam ؓ that Rasoolullah ﷺ said, ‘One who asks from the people (i.e. begs) so that he may increase his wealth, then that is the intensely hot rock of Jahanum, so it is now up to him, whether he asks for less or whether he asks for more.’

Hadith 14 & 15: Imam Ahmed, Abu Ya’la and Baz’zaz have reported from Abdu Rahmaan ibn Auf ؓ and Tabrani reported in Sagheer from Ummul Mo’mineen Umme Salma ﻋﻨهﺎ �uﻌﺎS اﷲ ي�ر that Rasoolullah ﷺ said, ‘Giving Sadaqa does not cause one’s wealth to diminish, and by forgiving your rights, Allah will increase the honour of a servant on the day of Qiyaamat, and a servant will not open the door of begging, but Allah will open upon him the door of dependency.’

Hadith 16: Muslim, Abu Dawud and Nasa’i report from Qubaysa bin Makhariq ؓ. He says, ‘Once I was liable for compensation. I went to Rasoolullah ﷺ and asked (for assistance), so He ﷺ said, ‘Wait here! When some amount of Sadaqa comes to me, I will give the command in your case.’ He ﷺ then said, ‘O Qubaysa! It is not Halaal to ask (i.e. beg) except in three things;

1.If someone stands as a guarantor (i.e. if he stood as guarantor of Diyat, i.e. blood money on behalf of any nation, or if he stood as an arbitrator in an internal dispute and took guarantee for any wealth

involved in it), so in this case he is allowed to ask until such time that he receives that amount, and he should then abstain.

2.If a person faced such a calamity which destroyed his wealth, then in this case he may ask help until he is able to have enough to survive comfortably.

3.If someone is faced with starvation, and three intellects from his community bear testimony that such and such person is afflicted by starvation, so in this case it is Halaal for him to ask for help (i.e. to beg), until such time that he gets sufficient to survive comfortably.

O Qubaysa! With the exception of these three things, it is Haraam to beg for anything else, for the one who begs (for other than this) is eating Haraam.’

Hadith 17 & 18: Imam Bukhari and Ibn Majah have reported from Zubair bin Aw’wam ؓ that Rasoolullah ﷺ said, ‘If a person takes with him a rope and carries a bundle of wood on his back and then sells it, and Allah saves his face from the embarrassment of begging; then this is better than begging from the people, even if the people give him anything or not.’

A similar narration is reported by Imam Bukhari, Imam Muslim, Imam Malik, Tirmizi and Nasa’i from Abu Hurairah ؓ.

Hadith 19: Imam Malik, Imam Bukhari, Muslim, Abu Dawud and Nasa’i reported from Abdullah ibn Umar ﻋﻨهﻤﺎ �uﻌﺎS اﷲ ي�رthat Rasoolullah ﷺ was on the pulpit and was advising with regards to abstaining from (asking for) Sadaqa and financial Aid (begging). He ﷺ said, ‘The upper

hand is better than the lower hand. The upper hand is that of the giver and the lower hand is that of the beggar.’

Hadith 20: Imam Malik, Bukhari, Muslim Abu Dawud, Tirmizi and Nasa’i report from Abu Sa’eed Al Khudri ؓ that some people from the Ansaar asked financial aid from Rasoolullah ﷺ, so He ﷺ blessed them with it. They asked again, and Rasoolullah ﷺ blessed them with it again. Then again they asked and Rasoolullah ﷺ blessed them with it once more, until such time that the wealth which was with (in the care of) Rasoolullah ﷺ was finished. He ﷺ then said, ‘Whatever wealth I have with me, I will not hold it back from you, and those whom Allah will save, are those who wish to be saved from begging; and the one who wishes to become wealthy, Allah will make him wealthy, and for the one who wishes to be patient, Allah will grant him patience, and there is nothing greater than patience, and none has received a gift greater than patience.’

Hadith 21: Hazrat Ameer ul Mo’mineen Farooq-e-Azam ؓ states that greed is dependency, and despondency is richness. When a person becomes despondent over something, he does not bother about it (any longer).

Hadith 22: Imam Bukhari and Imam Muslim report from Farooq-e- Azam ؓ that he says, ‘If Huzoor ﷺ would have given me (this financial aid), I would have said, give it to someone who is needier of it than me. He said, ‘Take it and make it yours, and spend it in goodness. In addition, take that wealth which comes to you without you having to ask for it, and which comes to you without greed, and do not chase behind that which does not come to you.’

Hadith 23: Abu Dawud reports from Anas ؓ that an Ansari presented himself before Nabi ﷺ and asked for some financial aid. He ﷺ said, ‘Do you have nothing in your home?’ He said, ‘There is. We have sackcloth, one portion of which we cover ourselves with and the other portion of which we lay. There is also a wooden cup which we use to drink water.’ He ﷺ said, ‘Bring both of them to me.’ He brought both of these. Rasoolullah ﷺ took it in His Blessed Hands and said, ‘Who will buy this?’ A person said, ‘I will buy it for one Dirham.’ He ﷺ said, ‘Who will give more than one dirham for it?’ He ﷺ mentioned this, two or three times, so another person said, ‘I will buy it for two Dirhams.’ He ﷺ handed over both these items to him and took the two dirhams. He ﷺ then handed the two dirhams over to the Ansari and said, ‘Purchase grain with one dirham and leave it at home, and with the other one dirham purchase a hatchet and bring it to me.’ He did so and brought it to Rasoolullah ﷺ. Rasoolullah ﷺ attached a handle to it with His Blessed Hands and then said, ‘Go and cut wood and sell it, and you should not be seen here for fifteen days (in other words, do not come here for 15 days). He went out and began cutting and selling the wood. Now, when he returned (after 15 days), he had with him ten Dirhams. With few dirhams he purchased fabric and with few he purchased grain (food). Rasoolullah ﷺ said, ‘This is better than that asking for financial aid, which will appear on your face as a blister on the day of Qiyaamat. To ask financial aid (beg) is not proper but for three people; one who becomes so dependent (in need) that it grounds him; or for a person who is liable for compensation which will cause him embarrassment (if not paid), or for a person who is guarantor for blood money, which will cause him harm (if not paid).’

Hadith 24 & 25: Abu Dawud and Tirmizi with the with the merit of a Sahih and Hasan narration, and Haakim with the benefit of merit of a sound narration, report from Abdullah bin Mas’ud ؓ that Rasoolullah ﷺ said, ‘One who is afflicted by starvation and he mentioned it to the people, then his starvation will not be terminated. In addition, if he had asked from Allah, then Allah would soon allow him to become independent, by either giving him death swiftly, or allowing him to become wealthy swiftly.’

The narration of Tabrani is from Abu Hurairah ؓ that Rasoolullah ﷺ said, ‘One who is hungry and needy, but hid this from the people and asked from Allah, then it is the Divine Right of Allah that He will make abundant unto him the sustenance for one year.’

Some people who ask financial assistance (or beg) usually say, ‘Give for the sake of Allah! Give in Allah’s Name! Whereas to say this, has been strictly disallowed. One who does this has been mentioned to be accursed in one Hadith, and in one Hadith such people have been said to be the worst amongst the creation. If someone does ask in this manner, then if he is not asking for something bad, or the question itself is not offensive (in other words for such a person to seek financial aid, who is a solvent person, or a fit and healthy person who has the ability to earn), and one is able to fulfil the request of the person without any difficulty, then to fulfil it (i.e. give the assistance) is from good ethics, so that based on the apparent context of the Hadith, he too does not become deserving of the warning in the Hadith. If the one asking assistance is a professional beggar, then he should not be given anything. It should also be noted that one should not beg in the Masjid, especially by walking over the necks of the people on Friday, as to do this is Haraam. Some Ulama have mentioned that if you give one cent to a person begging in the Masjid,

you should give a further seventy cents Khayraat (for some goodness) as compensation for giving that one cent. Hazrat Maula Ali ﻳﻢ��ا وﺟہہ اﷲ م� saw a person begging on the day of Arafat on the plains of Arafat. He had him flogged and said, ‘On a day like this, and in such a place, you are begging from other than Allah!’

After examining these few Ahadith, one will realise that to seek financial aid (or beg without valid reason) is a very disgraceful act. One should never ask for financial assistance without real need, and even in the time of need one should take heed to those things which have been disallowed. If one is really in a situation where he is forced to seek financial assistance, then in such a case he should not exaggerate, wherein you do not leave the person without taking all that you want, as this too has been disallowed.

 

 

 

 

 

 

 

Chapter 4

Nafil Sadaqaat (Optional Charity)

To spend in the way of Allah is a very blessed and virtuous action. What use is your wealth if it does not give you any real benefit? Only that is of benefit to you, which you ate, wore or spent for your hereafter, and not that which you hoarded and left for others. Take heed to few Ahadith concerning this, and try to act upon them. Allah is the One who gives Divine Guidance.

HADITH PERTAINING TO NAFIL CHARITY

Hadith 1: It is reported in Sahih Muslim Shareef from Abu Hurairah
ؓ that Rasoolullah ﷺ said, ‘A servant says, my wealth! My wealth! Whereas he only benefits from three things in his wealth, that which he ate and finished; or that which he dressed in, and wore out, or that which you spent and stored for the hereafter, and with the exception of this (it is of no use to you), because you are to proceed (into the hereafter) and leave it to others.’

Hadith 2: Bukhari and Nasa’i report from Ibn Mas’ud ؓ that Rasoolullah ﷺ said, ‘Who is it from amongst you, who loves the wealth of his heirs more than his own wealth?’ The Sahaba said, ‘Ya Rasool’Allah ﷺ, there is none from amongst us whose wealth is not more beloved to him.’ He ﷺ said, ‘Your wealth is that, which you have already sent forth, and whatever you have left behind is the wealth of your heirs.’

Hadith 3: Imam Bukhari reports from Abu Hurairah ؓ that Rasoolullah ﷺ said, ‘If I had gold equivalent to (the mountain of) Uhad, it would not please me that it should remain with me for more than three nights, except an amount that I would keep for repaying any debts I may have.’

Hadith 4 & 5: It is reported in Sahih Muslim from him (i.e. Abu Hurairah ؓ) that Rasoolullah ﷺ said, ‘There is not a day, wherein two Angels do not descend, and one from amongst them says, ‘O Allah! Recompense those who spend!,’ and the other (Angel) says, ‘O Allah! Ruin his wealth.’’

A similar narration has been narrated by Imam Ahmed, Ibn Hib’ban and Haakim from Abu Dardah ؓ.

Hadith 6: It is reported in Sahihain that Rasoolullah ﷺ said to Asma’ ﻋﻨهﺎ �uﻌﺎS اﷲ ي�ر ‘Spend and do not compute; otherwise, Allah will give you in limit, and do not stop (giving) or Allah will also with-hold (His Blessings) upon you. Spend (in the way of Allah) as much as you can afford.’

Hadith 7: It is reported in Sahihain from Abu Hurairah ؓ that Rasoolullah ﷺ said, ‘Almighty Allah said, ‘O Ibn Adam! Spend (in My way) and I will spend (i.e. shower blessings) upon you.’’

Hadith 8: It is in Sahih Muslim and Sunan Tirmizi from Abu Umama ؓ that Rasoolullah ﷺ said, ‘O Ibn Adam! To spend (in Allah’s way) from your surplus (funds) is best for you, and to with-hold it is harmful to you, and there is no censure on the one who with-holds out of necessity, and start with them, who are in your care.’

Hadith 9: It is reported in Sahihain from Abu Hurairah ؓ that Rasoolullah ﷺ said, ‘The example of a miser and of a person who gives Sadaqa are like those two people who are clad in metal armour and their hands are tied to their chest and neck. Therefore, when the person who gave Sadaqa, distributed the Sadaqa, his armour became lose (spacious), and when the miser intends to give Sadaqa then every

link (of the armour) holds tightly in its place, so that even if he wishes to spread, it will not allow him the space (to do so).’

Hadith 10: It is reported in Sahih Muslim from Jabir ؓ that Rasoolullah ﷺ said, ‘Abstain from oppression, because on the Day of Qiyaamat oppression will bring darkness and abstain from miserliness as miserliness destroyed the past nations. It is the same miserliness which drove them to shed blood (kill) and drove them to consider that which is Haraam to be Halaal.’

Hadith 11: It is reported in Sahih Muslim from Abu Hurairah ؓ that a person asked, ‘Ya Rasool’Allah ﷺ! Which Sadaqa is most rewarding (i.e. when is it best to give Sadaqa)?’ He ﷺ said, ’You should give Sadaqa (when you are) healthy and tight-fisted, and when you are troubled by the fear of poverty, and when you are hoping to become rich (meaning that to give Sadaqa when in this condition is best), and you must not delay (your Sadaqa to such length) that your soul has entered your throat (i.e. you are about to die), and then only do you say, Give this much to so and so, and this much to so and so, and this much is already in the possession of so and so (i.e. for the heirs).’

Hadith 12: It is in Sahihain from Abu Zarr ؓ. He says, ‘I presented myself before Rasoolullah ﷺ and Rasoolullah ﷺ was sitting in the shade of the Kaaba. On seeing me, He ﷺ said, ‘I swear an Oath by the Rub of the Kaaba! They are in loss!’ I said, ‘My parents be sacrificed upon you O Nabi ﷺ! Who are these people?’ Rasoolullah ﷺ said that, the very wealthy ones; except for those (amongst them) who do like this, and like this, and like this; to the front, to the back, to the right and to the left. In others words, those who spend in every instance and such people are very few.

Hadith 13: It is in Sunan Tirmizi from Abu Hurairah ؓ that Rasoolullah ﷺ said, ‘A generous man is close to Allah, close to Jannat, close to the people, and distant from hell-fire; and a miser is distant from Allah, distant from Jannat, distant from the people and close to hell-fire; and an ignorant generous man is more beloved to Allah, than a miserly worshipper.’

Hadith 14: It is in Sunan Abu Dawud from Abu Sa’eed Al Khudri ؓ that Rasoolullah ﷺ said, ‘For a person to give one dirham Sadaqa in his life (i.e. in good health) is better than giving ten dirhams at the time of his death.’

Hadith 15: Imam Ahmed, Nasa’i, Daarimi and Tirmizi report from Abu Dardah ؓ that Rasoolullah ﷺ said, ‘A person who gives Sadaqa or frees (a slave) near the time of his death, is like that person, who only gives a gift when he has become well-to-do.’

Hadith 16: It is in Sahih Muslim from Abu Hurairah ؓ that Rasoolullah ﷺ said, ‘A person was in the wilderness and a he heard a voice from the clouds saying to him, ‘Water the orchard of such and such person!’ The cloud moved to one corner and it rained over a rocky area, and all the water went into a trench. That person then followed the water. He then saw a person standing in his orchard, using a hoe to divert the water. He said, ‘O servant of Allah! What is your name?’ He said, Such and such name. It was the same name which he heard from the clouds. He said, ‘O servant of Allah! Why do you ask my name?’ He said, ‘I heard a voice from the cloud which rained down this water that it said to me using your name, Water the orchard of such and such person. I would like to know, what is it that you do (through which water is sent down by taking your name)?’ He answered, ‘From whatever is cultivated, I give on third of it away as

Khayraat (i.e. in goodness), and one third my family and I eat, and I keep one third for re-cultivation.’

Hadith 17: It is in Sahihain from Abu Hurairah ؓ that Rasoolullah ﷺ said, ‘There were three persons in Bani Isra'eel, one suffering from leprosy, the other bald-headed and the third one blind. Allah willed to test them. Therefore, He sent an Angel who came to the one who was suffering from leprosy and said, ‘What do you like most?’ He said, ‘Attractive colour and fine skin and the elimination of that which makes me detestable in the eyes of people.’ The Angel ran his hand over him and his illness was no more and he was given attractive colour and beautiful skin. The Angel again said, ‘Which materialistic item do you like most?’ He said, ‘Camels’, or he said, ‘The Cow (however, the narrator is doubtful about it, but from amongst the one suffering from leprosy and the one suffering from baldness one of them definitely said, The camel and the other said, The Cow).’ In addition, he was given a she-camel, in a progressive stage of pregnancy, and while giving it to him he said, ‘May Allah bless you in this.’ He then came to the bald-headed person and said, ‘What do you like most?’ He said, ‘Beautiful hair and removal of (this baldness) from me, due to which people dislike me.’ The Angel ran his hand over him, and his illness was gone, and he was given beautiful hair, and the Angel said (to him), ‘Which materialistic item do you like most?’ He said, ‘The Cow.’ Therefore, he was given a pregnant cow, and while giving it to him the Angel said, ‘May Allah bless you in this.’ He then came to the blind man and said, ‘What do you like most?’ He said, ‘(I prefer that) Allah should restore my eyesight so that I may be able to see the people.’ He ran his hand over him and Allah restored his eyesight, and the Angel then said, ‘Which materialistic item do you like most?’ He said, ‘a flock of goats.’ Therefore, he was given a pregnant goat and so the camel, the cow and the goat all gave birth to

young. It so happened, that for one, the entire valley flourished with camels and for the other one, the entire valley flourished with cows and for the third one, the entire valley flourished with goats. The Angel then approached the person who was (initially) suffering from leprosy. The Angel appeared to him in his (initial) form (i.e. in the form of a leper) and he said, ‘I am a poor man and I have run out of provisions on my journey, and there is no way that I can reach my destination except with the help of Allah and through your assistance. I beg of you in His Name Who blessed you with this attractive colour and fine skin, and granted you this wealth, that you may assist me with a camel which will take me to the end of my journey.’ He said, ‘I have too many responsibilities to fulfil.’ The Angel then said, ‘It seems as if I recognise you. Were you not suffering from leprosy and people hated you and were you not destitute and Allah blessed you with wealth?’ He said, ‘I have inherited this property from my forefathers one generation after the other.’ The Angel said, ‘If you are a liar, may Allah revert you to your previous condition!’ The Angel then approached the person who was initially bald-headed, in his initial form, and he said to him the same what he had said to him (i.e. to the leper) and he (the bald-headed man) gave him the same reply as he (the leper) had given him, so the Angel said, ‘If you are a liar, may Allah revert you to your previous condition.’ The Angel then approached the person who was previously blind, in his (initial) form and he said, ‘I am destitute and a wayfarer. I have run out of my provisions, and today I have no way to reach my destination but with the help of Allah and then with your assistance, and I beg of you in the Name of the One Who restored your eyesight that you may give me a goat, through which I may be able to reach my destination on this journey.’ He said, ‘I was blind and Allah returned to me my eyesight; take whatever you wish to and leave (for me) whatever you wish to. By Allah! I shall not stand in your way today for whatever you take in

the Name of Allah.’ The Angel said, ‘Keep with you whatever you have in your possession.’ The fact of the matter is that this was a test for the three of you. You have earned the pleasure of Allah, and they have earned the displeasure of Allah.’

Hadith 18: Imam Ahmed, Abu Dawud and Tirmizi report from Umme Bajeed ﻋﻨهﺎ�uﻌﺎSياﷲ�ر wherein she says, ‘A Miskeen stands at my door and I feel ashamed that I have nothing in my home which I can give him.’ He ﷺ said, ‘Give him something, even if it is a burnt hoof.’

Hadith 19: Baihaqi reported in Dala’il un Nubuw’wat that a piece of meat was presented as a gift to Ummul Mo’mineen Umme Salma رﯽﺿاﷲ ﻋﻨهﺎ �uﻌﺎS and Rasoolullah ﷺ enjoyed meat. She asked the servant to keep it in the house, because Rasoolullah ﷺ will probably have it. She kept it in the cupboard. A beggar appeared at the door and said, ‘Give some Sadaqa and Allah will bless you with Barakah.’ The people (in the house) said, ‘Allah bless you with Barakah (i.e. this is said when there is nothing to give), so the beggar left.’ Rasoolullah ﷺ then arrived (at Umme Salma’s ﻋﻨهﺎ �uﻌﺎS اﷲ ي�ر) home and said, ‘Is there something to eat at your place?’ Ummul Mo’mineen ﻋﻨهﺎ �uﻌﺎS اﷲ ي�ر said, ‘Yes (there is)’, and she asked the servant to bring out the meat. She went to get it and found a piece of rock in the cupboard (instead of the meat). Rasoolullah ﷺ said, ‘As you had not given it to the beggar, the meat turned into (a piece of) rock.’

Hadith 20: Baihaqi reports in Sha’bul Imaan from Abu Hurairah ؓ that Rasoolullah ﷺ said, ‘Generosity is a tree in Jannat, which is generous. If you held onto its branch, that branch will never leave you, until such time that you enter Jannat, and miserliness is a tree in Hell, which is miserly, and if you held on to its branch, that branch will not release him, until it enters him into Hell.’

Hadith 21: Razeen reported from Ali ؓ that Huzoor ﷺ said, ‘Be swift in (giving) Sadaqa. Misfortune (i.e. calamity) does not leap over Sadaqa.’

Hadith 22: It is in Sahihain from Abu Musa Ash’ari ؓ that Rasoolullah ﷺ said, ‘Sadaqa is upon every Muslim.’ People asked, ‘If we do not have anything?’ He ﷺ said, ‘Work with your hands, and benefit yourself and also give Sadaqa.’ They said, ‘If we do not have the means to do so, or do not?’ He ﷺ said, ‘He should then assist a person in need who is troubled.’ They said, ‘If he does not do this as well?’ He ﷺ said, ‘He should then command what is righteous.’ They said, ‘And if he is unable to do this as well?’ He ﷺ said, ‘Abstain from ‘Shar’ (creating disruption) as this (by itself) will be regarded as his Sadaqa.’’

Hadith 23: It is in Sahihain from Abu Hurairah ؓ that Rasoolullah ﷺ said, ‘To administer justice between two people is Sadaqa; to assist a man in mounting his beast (steed) or to assist him to load his luggage upon it is Sadaqa; and (to say) a good word is Sadaqa; and every step which on takes towards Namaaz is Sadaqa; and to remove some harmful thing from the road is Sadaqa.’

Hadith 24: It is in Sahih Bukhari and Muslim from Anas ؓ that Rasoolullah ﷺ said, ‘If a person plants trees or grows an orchard, and if some person, bird or animal eats out of it, then this is Sadaqa for him.’

Hadith 25 & 26: Sunan Tirmizi reports from Abu Zarr ؓ that Rasoolullah ﷺ said, ‘To smile in the presence of your brother is also Sadaqa, to command goodness is also Sadaqa, to forbid someone from wrong is also Sadaqa. To show the way to someone who has lost his

way is also Sadaqa, to assist one who has weak eyesight is also Sadaqa, to remove rocks, thorns and bones from the road is also Sadaqa. To pour water from your bucket into the bucket of your brother is also Sadaqa.’

A similar narration has been reported by Imam Ahmed and Tirmizi from Jaabir ؓ.

Hadith 27: It is in Sahihain from Abu Hurairah ؓ that Rasoolullah ﷺ said, ‘A branch of a tree was in the middle of the road, so a Muslim went forth and said, ‘I will remove this from the path of a Muslim, so that it may not harm him, so he (that person) was entered into Jannat.’’

Hadith 28: Abu Dawud and Tirmizi report from Abu Sa’eed Al Khudri ؓ that Rasoolullah ﷺ said, ‘Allah will dress that Muslim with the green robes of Jannat, who clothes an unclothed Muslim; and Allah will feed that Muslim with fruits, who feeds some food to a hungry Muslim; and Allah will quench a Muslim with Raheeq Al Makhtoom (the pure drink of Jannat, also known as the ‘Sealed Nectar’), who feeds water to another Muslim.’

Hadith 29: Imam Ahmed and Tirmizi report from Hazrat Ibn Ab’bas

ر�ي اﷲ Sﻌﺎ�u ﻋﻨهﻤﺎ

that Rasoolullah ﷺ said, ‘If a Muslim clothes another

Muslim, then until such time that even one patch from that is still on that person, he (the giver) will be in the Divine Protection of Allah.’

Hadith 30 & 31: Tirmizi and Ibn Hib’ban reported from Anas ؓ that Rasoolullah ﷺ said, ‘Sadaqa extinguishes the Wrath of Allah, and it wards off a bad death.’

A similar narration is reported from Hazrat Abu Bakr Siddique ؓ and other Sahaba e Kiraam يﻋﻨہﻢuﻌﺎSياﷲ�ر

Hadith 32: Tirmizi has reported with the merit of accuracy from Ummul Mo’mineen Siddiqa ﻋﻨهﺎ �uﻌﺎS اﷲ ي�ر that the people sacrificed a goat (so) Rasoolullah ﷺ said, ‘What is left of it?’ They said, ‘With the exception of the shoulder, nothing else is remaining.’ He ﷺ said, ‘All of it remains, except its shoulder.’

Hadith 33: Abu Dawud, Tirmizi, Nasa’i, Ibn Khuzaimah and Ibn Hib’ban report from Abu Zarr ؓ that Rasoolullah ﷺ said, ‘There are three (types of) people whom Allah loves, and there are three (types of people) whom Allah dislikes. From those whom Allah loves is that person who comes to the people and asks (for some assistance) for the sake of Allah and not because of his relationship between him and them, but they do not give him (any assistance). Then one person from amongst them stayed behind and gave the person (what he needed) in secrecy, and none knew of this except Allah and the one whom he gave it to. (In addition) A nation who travel the entire night, until sleep becomes dearer to them than anything, so all of them lay down their heads (i.e. went to sleep). From amongst them, one person got up and started making Dua, and he recited the Ayats of Allah. (In addition) One person was on a (military) expedition, and he faced the enemy and they were overpowered. This person went forward, until he was killed or blessed with victory; and the three (persons) whom Almighty Allah dislikes, is an old man who commits adultery, a poor man who is arrogant, and a wealthy man who is unjust.’

Hadith 34: Tirmizi reported from Anas ؓ that Rasoolullah ﷺ said, ‘When Almighty Allah created the earth, it began to tremble, so Allah created the mountains and placed them on it, so the earth became

stable. The Angels were astonished at the strength of the mountains. They said, ‘O Allah! Is there anything in your creation which is stronger than a mountain?’ Almighty Allah said, ‘Yes, Iron.’ They said, ‘Is there something stronger than iron?’ Almighty Allah said, ‘Yes, Fire.’ They said, ‘Is there something stronger (more powerful) than fire?’ Allah said, ‘Yes, water.’ They said, ‘Is there something more powerful than water?’ Allah said, ’Yes, the wind.’ They said, ‘Is there something more powerful than the wind?’ Almighty Allah said, ‘Yes, Ibn Adam (a man) who gives Sadaqa with his right hand and even hides this (deed) from his left hand.’

Hadith 35: Nasa’i reported from Abu Zarr ؓ that Rasoolullah ﷺ said, ‘A Muslim who spends from all of his wealth on a pair of things, in the way of Allah, will be welcomed by the Gatekeepers of Jannat. Each of them will call him towards what he has (of reward).’ I said, ‘How will that be (i.e. how can he spend on a pair?’ He ﷺ said, ‘If he gives camels, he gives two camels, and if he gives cows, he gives two cows.’

Hadith 36: Imam Ahmed, Tirmizi and Ibn Majah have reported from Muadh ibn Jabl ؓ that Rasoolullah ﷺ said, ‘Sadaqa removes errors (shortcomings) just as water extinguishes fire.’

Hadith 37: Imam Ahmed reports from few Sahaba ﻋﻨہﻢ ٰي uﻌﺎS اﷲ ي�ر that Rasoolullah ﷺ said, ‘The shade of a Muslim on the Day of Qiyaamat is his Sadaqa.’

Hadith 38: It is reported in Sahih Bukhari from Abu Hurairah and Hakeem bin Hizaam ﻋﻨهﻤﺎ �uﻌﺎS اﷲ ي�ر that Rasoolullah ﷺ said, ‘The best Sadaqa is that which is given by a wealthy person, (in other words,

after what is left from his expenses), and start with your dependants (i.e. give first to them and then to others).’

Hadith 39: It is reported in Sahihain from Abu Mas’ud ؓ that Rasoolullah ﷺ said, ‘Whatever a Muslim spends on his family with the intention of (attaining) reward, is also Sadaqa.’

Hadith 40: It is in Sahihain from Zainab the wife of Abdullah ibn Mas’ud ﻋﻨهﻤﺎ �uﻌﺎS اﷲ ي�ر that she had someone ask Rasoolullah ﷺ, ‘Is it sufficient to give Sadaqa to your husband and to orphan children who are in your care?’ He ﷺ said, ‘There is a double reward in giving to them. One reward for kinship and one reward for the Sadaqa.’

Hadith 41: Imam Ahmed, Tirmizi, Nasa’i, Ibn Majah, and Daarimi have reported from Sulayman bin Aamir ؓ that Rasool ﷺ said, ‘To give Sadaqa to a Miskeen (needy person) is only Sadaqa, and to give Sadaqa to your relative, is Sadqa and also kinship (i.e. kindness to relatives).’

Hadith 42: Imam Bukhari and Muslim have reported from Ummul Mo’mineen Siddiqa ﻋﻨهﺎ �uﻌﺎS اﷲ ي�ر that Rasoolullah ﷺ said, ‘If a woman gives away some of the food from her home, (with goodness) and not to spoil it, then there is reward in giving this, and the husband will attain the reward for earning, and even the fund manager will receive the same.’

It is fact that the women do give away (food), and the husband does not object to this, and this should be to the extent to which it is acceptable. For example, if she gives away one or two rotis, just as it is common in India (etc.). However, if the husband has forbidden her

from doing this, and it is not the practice (i.e. the norm) there, then in this case it is not permissible for her to give (the food) away.

It is (also) reported in Tirmizi from Abu Umama ؓ that Rasoolullah
ﷺ said in his ‘Farewell Sermon’ that this is very good wealth.

Hadith 43: It is in Sahihain from Abu Musa Ash’ari ؓ that Rasoolullah ﷺ said, ‘A trustworthy Muslim store-man who fulfils the orders (of his employer) and pays in full what he has been asked to pay out, is regarded as one of two people who gave Sadaqa.’

Hadith 44: It is reported in Haakim and Tabrani Awsat from Abu Hurairah ؓ that Rasoolullah ﷺ said, ‘One morsel of bread and a handful of dates or anything which is similar to it by which a Miskeen is benefitted; then by virtue of this, Almighty Allah will enter three people into Jannat; one, is the head of the house who commanded this; second, is his wife who prepares it, and third is the servant who delivers it to the Miskeen.’ Rasoolullah ﷺ then said, ‘Praise be to Allah who did not even leave out our servants.’

Hadith 45: Ibn Majah reported from Ibn Abdullah ﻋﻨهﻤﺎ �uﻌﺎS اﷲ ي�ر. The narrator says that Rasoolullah ﷺ said in the Khutbah (Sermon), ‘O People! Turn towards Allah before you die, and before becoming occupied, strive towards performing good deeds, and increase the closeness between you and your Rub by giving Sadaqa openly and in secrecy, so you will be blessed with sustenance (abundantly), and you will be assisted, and your failures will be distanced.’

Hadith 46: It is in Sahihain from Adi bin Haatim ؓ that Rasoolullah ﷺ said, ‘Allah Almighty will converse with every one of you. There will be none between Him and Almighty Allah. When he looks towards

his right, he will see all that which he had done in the past, and then he will look towards his left, he will see that which he did in the past, then when he looks in front, he will see the fire in front of him. Therefore, save yourself from the fire, even if it is by giving a piece of date (in charity).’

Similar narrations are reported from Abdullah ibn Mas’ud, Siddique e Akbar, Ummul Mo’mineen Siddiqa, Anas, Abu Hurairah, Abu Umama, Nu’man bin Bashir and other Sahaba e Kiraam يﻋﻨہﻢuﻌﺎSياﷲ�ر.

Hadith 47: Abu Ya’la reports from Jaabir ؓ and Tirmizi reports from Muadh ibn Jabl ؓ that Rasoolullah ﷺ said, ‘Sadaqa extinguishes errors (shortcomings), just as water extinguishes fire.’

Hadith 48: Imam Ahmed, Ibn Khuzaimah, Ibn Hib’ban and Haakim report from Uqba bin Aamir ؓ that Rasoolullah ﷺ said, ‘On the Day of Qiyaamat, every person will be in the shade of his Sadaqa, until such time that the judgement is passed amongst the people.’

The narration of Tabrani also mentions that, Sadaqa expels the intense heat of the grave.

Hadith 49: Tabrani and Baihaqi report from Hasan Basri ؓ a Mursal narration, that Rasoolullah ﷺ said, ‘Almighty Allah says, ‘O Ibn Adam! Store some from your treasures with Me, and it will not burn, sink, or be stolen. I will give it to you in full, at a time when you will need it most.’’

Hadith 50 & 51: Imam Ahmed, Baz’zaz, Tabrani, Ibn Khuzaimah, Haakim and Baihaqi report from Buraidah ؓ and Baihaqi (also) reports from Abu Zarr ؓ that, ‘When a person takes out any Sadaqa, then it exits, tearing through the jaws of seventy shaitaans.’

Hadith 52: Tabrani reports from Amr bin Awf ؓ that Rasoolullah ﷺ said, ‘The Sadaqa of a Muslim is a means for increase in his lifespan, and it wards off bad death, and due to it Almighty Allah distances (from that person) arrogance and pride.’

Hadith 53: Tabrani Kabeer reported from Rafi’ bin Khadij ؓ that Rasoolullah ﷺ said, ‘Sadaqa closes off the doors of seventy evils.’

Hadith 54: Tirmizi, Ibn Khuzaimah, Ibn Hib’ban and Haakim report from Haarith Ash’ari ؓ that Rasoolullah ﷺ said that, ‘Allah sent down Wahi (revelation) of five things upon Hazrat Yahya bin Hazrat Zakariyah مfوا ۃ�ا � that, he should personally practice good and command the Bani Isra’eel to do the same. It is mentioned that one of that was, he commanded you to give Sadaqa, and the parable of this is like a man who has been captured (imprisoned) by his enemies and they tied his hands to his neck, and brought him forth to be killed, (and he says) I can save myself (ransom myself) now with whatever little I have, and then he gives all of it to save his life.’

Hadith 55: Ibn Khuzaimah, Ibn Hib’ban and Haakim report from Abu Hurairah ؓ that Rasoolullah ﷺ said, ‘One who amasses Haraam wealth and then gives from it in Sadaqa, then there is no reward in this for him, but rather there is sin.’

Hadith 56: Abu Dawud, Ibn Khuzaimah and Haakim report from Abu Hurairah ؓ that he said, ‘Ya Rasool’Allah ﷺ! Which Sadaqa (charity) is most virtuous?’ Rasool’Allah ﷺ said, ‘(The Sadaqa of a) person who has minimal provisions, yet he makes effort to give Sadaqa.’’

Hadith 57: Nasa’i and Ibn Khuzaimah and Ibn Hib’ban report from Abu Hurairah ؓ that Rasoolullah ﷺ said, ‘One dirham has superseded one hundred thousand dirhams.’ Someone asked, ‘Ya Rasool’Allah ﷺ! How did this happen?’ Rasool’Allah ﷺ said, ‘A person who has an abundance of wealth gave one hundred thousand dirhams in Sadaqa; and there is another person who has only two dirhams, and he gave from it one dirham in Sadaqa.’