Al-Nawawi (may Allaah have mercy on him) said: �The one who is in
financial difficulty is not obliged to give [zakaat al-fitr]; there is
no difference among the scholars inthis regard… The obligation is
determined by whether or not a person can afford it. Whoever has one
saa' more than he needs for himself and those whom he is obliged
tosupport on the night and day of Eid, has enough [is not in financial
difficulty]. Whoever does not have anything more than he needs is in
financial difficulty, so he is not obliged to pay anything in this
case.
( Al-Majmoo' , part 6, Shuroot Wujoob Sadaqat al-Fitr ).
· The Muslim should give on his own behalf and on behalf of those on
whom he spends, such as wives and relatives, if they cannot give it on
theirown behalf. If they are able to, it is betterfor them to give it
themselves, because the command is addressed to them in the first
place.
Ibn 'Umar (may Allaah be pleased with him) said: "The Messenger of
Allaah (peace and blessings of Allaah be upon him) made zakaat
al-fitr, one saa'of dates or one saa' ofbarley, obligatory on the
Muslims, slave andfree, male and female,young and old, and commanded
that it should be given before the people went out to pray."
(Al-Bukhaari, 1407)
Al-Shaafa'i (may Allaah have mercy on him) said: "The guardian of the
insane and the minor should give zakaat al-fitr on their behalf and on
behalf of thosefor whom they [the insane and minor] may be
responsible, just as the sane person should give onhis own behalf… If
there is a kaafir among those whom he is supporting, he does not have
to give zakaat al-fitr on his behalf, because he cannot be purified by
zakaah."
( Al-Umm , part 2, Baab Zakaat al-Fitr ).
The author of al-Muhadhdhab said: "Al-Musannif (may Allaah have mercy
on him) said: 'If someonehas to pay zakaat al-fitr on his own behalf
and on behalf of those whom he is supporting, if they areMuslim and if
has more than he needs tospend on them that hecan give, then the
mother and father, and grandparents andgreat-grandparents, etc., may
have to pay zakaat al-fitr on behalf of their children and
grandchildren and great-grandchildren, etc., and the children may have
to pay zakaat al-fitr on behalf of their parentsand grandparents
andgreat-grandparents, etc., – if they are obliged to spend on their
maintenance.
( Al-Majma' , part 6).
A man has to pay on behalf of himself and his wife – even if she has
money of her own– and his children andparents if they are poor, and
his daughter if she is married but the marriage has not yet been
consummated. Ifhis son is rich, he doesnot have to give zakaat al-fitr
on his behalf. A husband has to give zakaat al-fitr on behalf of a
divorced wife whose divorce (talaaq) is not yet final (i.e., she is
still in the 'iddah of a first or second talaaq),but not in the case
of a rebellious wife or one whose divorce is final. A son does not
have to give zakaat al-fitr on behalf of a poor father's wife because
he is not obliged to spend on her.
[When giving zakaat al-fitr], one should start with the closest people
first, so he gives it on behalf of himself, then his wife,then his
children, thenthe rest of his relatives in order of closeness,
following the pattern laid out in the rules governing inheritance.
Al-Shaafa'i, may Allaahhave mercy on him, said: "Who I say is obliged
to give zakaatal-fitr, if a child is born to him, or he takes
possession of a slave, or someone becomes one of his dependents, at
any time during the last day of Ramadaan, then the suns sets on the
night of the crescent of Shawwaal,he has to give zakaat al-fitr on
that person'sbehalf."
( Al-Umm , Baab Zakaat al-Fitr al-Thaani ).
It is not obligatory to give zakaat al-fitr on behalf of a foetus
thatis still in the mother's womb, but if this is done voluntarily,
there is nothing wrong with it.
If someone who is obliged to give zakaatal-fitr dies before giving it,
it must be given from his estate… even if the person who was
supporting him also dies, the obligation still stands.
( Al-Mughni , part 2).
If a servant has set wages that are paid to him daily or monthly, the
employerdoes not have to give zakaat al-fitr on his behalf, because he
is ahired worker, and oneis not obliged to spend on a hired worker.
( al-Mawsoo'ah , 23/339).
Concerning giving zakaat al-fitr on behalf of an orphan, Imaam Maalik
(may Allaah have mercy on him) said: "The guardian should give zakaat
al-fitr on behalf of the orphans some of whose wealth is under his
control, even if they are minors."
( Al-Mudawwanah , part 1).
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