Saturday 24 June 2017

ZAKAT AL – FITR AND OTHER COMMENTARY


ZAKAT AL – FITR AND OTHER COMMENTARY

ASSEMBLED BY MALLAM ABBA ABANA, KUBWA, ABUJA, NIGERIA

http://variousislamicdawadocuments.blogspot.com

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emails:gonidamgamiri@yahoo.com; abba.abana@gmail.com

DATED 24TH JUNE 2017 CE AND 29TH RAMADAN 1438 AH

 

ZAKAT AL – FITR

SUMMARIZED RULINGS REGARDING ZAKAAH AL-FITR

1. What is the ruling regarding Sadaqah al-Fitr?

Ibn Baaz said: Zakaah al-Fitr is mandatory upon every Muslim, young or old, male or female, free or enslaved (al-Fataawaa 14/197).

2. With what is the Zakaah al-Fitr given?

Ibn Baaz said: A Saa’ (four handfuls) of food, dates, barely, raisins, and cheese; and according to the most correct opinion of the scholars, what is also included with these types is anything that the people nourish themselves with in their countries like rice, maze, millet and anything similar to these.

3. What is the measure for Zakaah al-Fitr?

Ibn Baaz said: What is mandatory for this is one Saa’ from the food of the country and its measurement is with Kilos—approximately three Kilos (al-Fataawaa 14-203).

4. When is the time for giving Zakaah al-Fitr?

Ibn Baaz said: It is given on the days of the 28th, 29th, and 30th as well as the night of ‘Eed. It is also given in the morning of ‘Eed before the Prayer (al-Fataawaa 14/32-33).

5. What is the reason for giving Zakaah al-Fitr?

Ibn ‘Uthaymiin said: To show gratitude for the blessings of Allaah upon the servant regarding the breaking of the fast of Ramadaan and its completion (al-Fataawaa 18/257).

6. Who is Zakaah al-Fitr given to?

Ibn ‘Uthaymiin said: It is not to be given except to the poor (al-Fataawaa 18/259).

7. What is the ruling on entrusting children or other than them with giving Zakaah al-Fitr on a person’s behalf?

Ibn ‘Uthaymiin said: It is permissible for a person to authorize his children to give Zakaah al-Fitr on his behalf at its time even if he is in another country at the time for work (al-Fataawaa 18/262).

8. Is it permissible for the poor to authorize someone else to take the Zakaah al-Fitr for him?

Ibn ‘Uthaymiin said: It is permissible (al-Fataawaa 18/268).

9. Is there a specific statement that should be made when giving Zakaah al-Fitr?

We do not know of any specific Du’aa (Supplication) that is said at the time of giving it (al-Lajnah ad-Daa’imah 9/387).

10. Is it permissible to give Zakaah al-Fitr in its worth (in money)?

Ibn Baaz said: It is not permissible to give its worth (with cash) according to the opinion of many scholars due to its opposition to the direct statement of the Prophet—(Sallalahu Alaihi Wa Salaam) and his companions—(RadiAllahu Anhum) (al-Fataawaa 14/32).

Ibn ‘Uthaymiin said: Giving it in cash will not suffice, because it has been prescribed to be given in food (al-Fataawaa 18/265).

11. Is it permissible to give Zakaah al-Fitr in a country different from the one its giver is in?

Ibn Baaz said: The Sunnah is to distribute it amongst the poor in the country of the one giving it and to not give it in cash in a different country so that he can enrich the poor from his country and satisfy their need (al-Fataawaa 14/213).

12. Where is Zakaah al-Fitr given?

Ibn ‘Uthaymiin said: Zakaah al-Fitr is dispensed in the land that you are in upon breaking the fast [of Ramadaan] even if it is far from your country.

13. Is Zakaah al-Fitr given for a fetus?

Ibn ‘Uthaymiin said: It is not given on the fetus’s behalf due to it being obligatory; rather it is given because it is highly recommended (al-Fataawa 18/263).

14. Is it permissible to give Zakaah al-Fitr to Non-Muslim workers?

Ibn ‘Uthaymiin said: It is not permissible to give it to other than the poor from the Muslims (al-Fataawaa 18/285).

15. Is the Zakaah al-Fitr for a single person given to just one individual or can it be dispersed amongst several people?

It is permissible to give the Zakaah al-Fitr for a single person to an individual just as it permissible to distribute it amongst a number of people (al-Lajnah ad-Daa’imah 9/377).

16. What is the ruling on the one who accepts Zakaah al-Fitr and then sells it?

If the one who took it was deserving of it, it is permissible for him to sell it upon receiving it (al-Lajnah ad-Daa’imah 9/380).

17. Delaying the giving of the Zakaah al-Fitr to after ‘Eid without an excuse.

Ibn ‘Uthaymiin said: Delaying it until after the Salaah is Haraam (impermissible) and it will not suffice (al-Fataawaa 18/266) .

FURTHER COMMENTARY ON NUMBERS 11 AND 12 ABOVE AS PER FACEBOOK

https://web.facebook.com/authenticfiqhanswers/posts/968461929941327:0?_rdc=1&_rdr

Is it permissible to transfer zakaah from one country to another?

Question: Is it permissible to give zakaah to another country, such as Palestine, when there are poor people in my country?

Answer: It says in Fataawa al-Lajnah al-Daa’imah , 10/9:

Zakaah should be given to those whom Allaah has said it is for, as He says (interpretation of the meaning):

“As-Sadaqaat (here it means Zakaah) are only for the Fuqaraa’ (poor), and Al-Masaakeen (the poor) and those employed to collect (the funds); and to attract the hearts of those who have been inclined (towards Islam); and to free the captives; and for those in debt; and for Allaah’s Cause (i.e. for Mujaahidoon — those fighting in a holy battle), and for the wayfarer (a traveller who is cut off from everything); a duty imposed by Allaah. And Allaah is All-Knower, All-Wise”

[al-Tawbah 9:60].

It should only be given to those *who are obviously Muslims,* because the Prophet (peace and blessings of Allaah be upon him) said to Mu’aadh ibn Jabal when he sent him to Yemen: “Tell them that Allaah has enjoined upon them charity [i.e. zakaah], to be taken from their rich and given to their poor.” The more pious and righteous the poor and needy to whom it is given are, the more deserving they are than others.

The basic principle with regard to zakaah is that it should be given to the poor in the land where the wealth is, because of the hadeeth mentioned above. 

But if there is a need to transfer it elsewhere, such as the poor in the land to which it is transferred being in greater need, or because the giver has relatives who are poor, etc, then it is permissible to transfer it.

 

Question:  What is the ruling on sending zakaat al-fitr to distant countries on the grounds that there are many poor people there?

Answer: There is nothing wrong with sending zakaat al-fitr to another country on the grounds that there are no poor people in one's own country. But if that is done even though there are poor people who need it in one's own country, then it is not permissible.

• Majmoo’ Fataawa Ibn ‘Uthaymeen , 18/question no. 102

Question: In Britain few people need Zakat ul-Fitr, is it permissible for us to send money to another country such as Morocco and the brothers there buy food?.

Answer: Laa bas, Laa bas [it is ok], give to those who require it in Britain and send the rest [to morocco].

- Shaykh Ubayd Al-Jābiri

 

QUESTIONS ABOUT ZAKAT AL-FITR

First of all it should be understood that there is a difference between zakat al-fitr which is given at the end of Ramadan, and zakaah on one’s wealth. Zakat al-fitr is obligatory for every Muslim, to be paid on his own behalf and on behalf of those on whose maintenance he is obliged to spend, if he has wealth surplus to his and his dependents’ needs for the day and night of Eid: one saa‘.

For zakat al-fitr to be obligatory, there is no stipulation of a specific minimum threshold of wealth or that one full year should have passed since acquiring it, or any of the other stipulations that are applicable to zakaah on one’s wealth.

It also has nothing to do with what a person owns of wealth, property or cars, because he pays zakat al-fitr on his own behalf and on behalf of the people on whom he is obliged to spend.

LOCAL FOOD STAPLE

What is required in the case of zakat al-fitr is to give it in the form of the usual local staple food.

Shaykh ‘Abd al-‘Azeez ibn Baaz (may Allah have mercy on him) said:

In as-Saheehayn it is narrated that Abu Sa‘eed al-Khudri (may Allah be pleased with him) said: We used to give it at the time of the Prophet (blessings and peace of Allah be upon him), a saa‘ of foodstuff, or a saa‘ of dates, or a saa‘ of barley, or a saa‘ of raisins.

A number of scholars interpreted “foodstuff” in this hadeeth as referring to wheat; others are of the view is that what is meant is the foodstuff of a region, no matter what it is, whether it is wheat, corn, pearl millet, and so on. This is the correct view, because zakaah is a means by which the rich help the poor, and the Muslim is not required to help with anything other than the staple food of his country.

This is the view favoured by Shaykh al-Islam Ibn Taymiyah (may Allah have mercy on him). It was also favoured by Shaykh Ibn ‘Uthaymeen and others.

Thus it is clear that zakat al-fitr is to be given in the form of regular food, not cash as mentioned in the question, and not in the form of any other alternative to cash.

Moreover the one who gives the zakaah does not have the right to decide about the way he gives his zakaah, whether it is zakat al-fitr or zakaah on wealth, and buy something else for the poor instead of giving them their zakaah, such as buying meat or clothing and the like for them.

TRANSFERRING THE ZAKAAH ON YOUR WEALTH, OR YOUR ZAKAT AL-FITR TO YOUR HOMELAND

There is nothing wrong with you transferring the zakaah on your wealth, or your zakat al-fitr, to your homeland and giving it to your family there, if they are in need of it. This is confirmed in the case of many workers who work in a country where most of the people are well off and independent of means, when the people in their homelands are in need or are poor, especially when many of them know more about the poor in their homelands than about who is entitled to zakaah in the country where they are working.

This is also confirmed if the zakaah will be transferred from the country where he is working and given to poor relatives of his in his homeland.

PERMISSIBLE TO PAY IT TWO OR THREE DAYS BEFORE LAST DAY OF RAMADAN

Zakat al-fitr becomes obligatory when the sun sets on the last day of Ramadan, and must be paid before the Eid prayer. It is permissible to pay it two or three days before that, if need be.

Based on that, it is not permissible for you to give it a week or two before Eid, and the like.

But if you are afraid that two or three days before Eid is not enough time for the money transfer to reach your homeland, then you can send it earlier, so as to allow enough time, even if that is before Ramadan, and you may appoint someone trustworthy to buy your zakat al-fitr for you, but he should not give it except at the prescribed time.

With regard to zakaah on wealth, as stated above, it has nothing to do with Ramadan or any other month; rather when the wealth reaches the nisaab (minimum threshold) and one full hijri year has passed, it becomes obligatory to give zakaah on it.

If there is a short time left of the year, a month or more or less, and a person wants to hasten his zakaah, it is permissible for him to pay the zakaah on his wealth ahead of time, if there is a need to do so.

ZAKAT OBLIGATORY ON CASH ON TWO CONDITIONS

For zakaah to be obligatory on cash, two conditions are stipulated:

1. That it has reached the minimum threshold

2. That one full hijri year has passed since it reached that threshold.

If the wealth falls short of that threshold, no zakaah is due on it.

If it reaches the threshold and one full lunar (hijri) year passes from the time when it reached the threshold, zakaah becomes obligatory at that time.

The nisaab or threshold is whatever is equal to 85 grams of gold or 595 grams of silver.

The rate that must be given for zakaah is one quarter of one tenth (2.5%).

With regard to your car which is for personal use, and also the house in which you live, there is no zakaah on either of them.

There is nothing wrong with your father registering whatever he wants of his property in your name, unless he has children other than you, in which case it is not permissible for him to give something to you but not to them. Rather he must treat you all equitably in terms of giving gifts. But if your other siblings agreed to what your father wants to register in your name, without being pressured or embarrassed into agreeing, or being compelled to do so, it is permissible for him to register in your name so long as they are happy with it.

IT IS NOT PERMISSIBLE TO GIVE ZAKAAH TO ONE ON WHOM YOU ARE OBLIGED TO SPEND

The scholars are unanimously agreed that it is not permissible to give obligatory zakaah – which includes sadaqat al-fitr – to those on whom one is obliged to spend, such as parents and children.

It says in al-Mudawwanah (1/344):

What about the zakaah of my wealth – to whom should I not give it according to the view of Maalik?

He said: Maalik said: Do not give it to any of your relatives on whom you are obliged to spend. End quote.

Al-Shaafa’i said in al-Umm (2/87): He should not give (the zakaah on his wealth) to his father, mother, grandfather or grandmother. End quote.

Ibn Qudaamah said in al-Mughni (2/509): None of the obligatory zakaah should be given to parents no matter how far the line of ascent goes (i.e., grandfathers and grandmothers) or to children, no matter how far the line of descent goes (i.e., grandchildren).

Ibn al-Mundhir said: The scholars are unanimously agreed that it is not permissible to give zakaah to parents in cases where the giver is obliged to spend on them, because giving zakaah to them will mean that they no longer have any need for his spending on them, and the benefit of that will come back to him, so it is as if he is giving it to himself, and that is not permissible. The same applies if he were to use it to pay off his own debt. End quote.

Shaykh Ibn ‘Uthaymeen (may Allaah have mercy on him) was asked about the ruling on giving zakaat al-fitr to poor relatives.

He replied: It is permissible to give zakaat al-fitr and zakaah of one’s wealth to relatives who are poor, and in fact giving it to relatives is better than giving it to strangers because giving it to relatives is both charity and upholding ties of kinship. But that is subject to the condition that giving it is not a means of protecting one’s wealth, i.e., if this poor person is one on whom the rich person is obliged to spend, in this case it is not permissible to meet his needs by giving zakaah, because if he does that he will have saved his own money by giving him zakaah, and this is not permissible. But if he is not obliged to spend on him, then he may give his zakaah to him, and giving zakaah to him is better than giving it to a stranger, because the Prophet (peace and blessings of Allaah be upon him) said: “Your charity given to a relative is both charity and upholding the ties of kinship.” End quote.

Based on this, it is not permissible for you to give your zakaat al-fitr to your mother, rather you should spend on her from wealth other than your zakaah. We ask Allaah to grant you ample provision.

IS IT PERMISSIBLE TO TRANSFER ZAKAAH FROM ONE COUNTRY TO ANOTHER?

It says in Fataawa al-Lajnah al-Daa’imah, 10/9:

Zakaah should be given to those whom Allaah has said it is for, as He says (interpretation of the meaning): “As-Sadaqaat (here it means Zakaah) are only for the Fuqaraa’ (poor), and Al-Masaakeen (the poor) and those employed to collect (the funds); and to attract the hearts of those who have been inclined (towards Islam); and to free the captives; and for those in debt; and for Allaah’s Cause (i.e. for Mujaahidoon — those fighting in a holy battle), and for the wayfarer (a traveller who is cut off from everything); a duty imposed by Allaah. And Allaah is All-Knower, All-Wise”[al-Tawbah 9:60]

It should only be given to those who are obviously Muslims, because the Prophet (peace and blessings of Allaah be upon him) said to Mu’aadh ibn Jabal when he sent him to Yemen: “Tell them that Allaah has enjoined upon them charity [i.e. zakaah], to be taken from their rich and given to their poor.” The more pious and righteous the poor and needy to whom it is given are, the more deserving they are than others.

The basic principle with regard to zakaah is that it should be given to the poor in the land where the wealth is, because of the hadeeth mentioned above. But if there is a need to transfer it elsewhere, such as the poor in the land to which it is transferred being in greater need, or because the giver has relatives who are poor, etc, then it is permissible to transfer it.

 

It's Haraam to give out the Zakaatul Fitr in cash or money.

And Allaah knows best.

 

REFERENCES

https://web.facebook.com/authenticfiqhanswers/photos/a.523259061128285.1073741829.516685405118984/1306080846179432/?type=3

https://web.facebook.com/authenticfiqhanswers/posts/968461929941327:0?_rdc=1&_rdr

Authentic fiqh answers according to the Qur'an and sunnah of the Prophet

https://islamqa.info/en/207225

https://islamqa.info/en/81122

https://islamqa.info/en/43146

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