7d]
There is a time when it is mustahabb (preferable) to give itand a time
when it is permissible to give it.
The time when it is mustahabb to give it is on the day of Eid, because
of the hadeeth quoted above. For this reason it is Sunnah todelay the
Eid prayer on Eid al-Fitr so as to allow enough time for those who
have to give zakaat al-fitr to do so, and to have breakfast before
coming out. On the other hand, it is Sunnah to hasten the Eid prayers
on Eid al-Adhaa so that the people can go and offer their sacrifices
and eat from them.
The time when it is permissible to give zakaat al-fitr is one or two
days before Eid. In Saheeh al-Bukhaari it is reported that Naafi'
said: "Ibn 'Umar used to give on behalf of the young and the old, and
he even usedto give on behalf of my sons. He would give to those who
took it, and it would be given a day or twobefore (Eid) al-Fitr."
("Those who took it" refers to those who were appointed by the imaam
to collect the sadaqat al-fitr).
Naafi' said: "Ibn 'Umar used to send zakaat al-fitr to the one who was
collecting it two or three days before ('Eid) al-Fitr."
( al-Mudawwanah , part 1, Baab Ta'jeel al-Zakaah qabla huloolihaa ).
It is disliked (makrooh) to delay giving it until after Salaat
al-'Eid; some scholars said that thisis haraam and is counted as
qadaa' (making up a duty that has not been performed on time), on the
basis of the hadeeth, "Whoever pays it before the prayer, it is an
accepted zakaat, and whoever pays it afterthe prayer, it is just a
kind of charity."
(Reported by Abu Dawood, 1371).
It says in ' Awn al-Ma'bood Sharh Abi Dawood : "Obviously, the one who
gives zakaat al-fitr after the prayer is like one who did not give it,
because they have in common the fact thatthey did not give this
obligatory charity. Most of the scholars think that giving it before
Salaat al-'Eid is only mustahabb, and they confirmed that it is OK to
give it at any time until the end of the day of Fitr,but this opinion
is refuted by the hadeeth. With regard to delaying it until after the
day of Eid, Ibn Ruslaan said: "This is haraam by consensus, because it
is zakaah, so the one who delays it must be committing a sin, as is
the case when one delays a prayer."
So it is haraam to delay giving it for no good reason, becausethis
defeats the purpose, which is to save the poor from having to ask on
the day of joy. If a persondelays giving it with no excuse, he has
committed a sin but he still has to make itup.
Zakaat al-fitr has to be handed over to someone who is entitled to it
or someone who has been appointed to collect it, at the right time
before the Eid prayer. If a man wants to give it to a particular
person, butcannot find him or a trustee who can accept it on his
behalf, and he is afraid that time is running out, he has to give it
to another entitled person, and not delay giving it. If a person wants
to give his zakaat al-fitr to a specific needy person, and is afraid
that he may not see him at the appropriate time, he should tell him to
appoint someone to accept it on his behalf, or to appoint him (the
giver) to take it from himself on his behalf. Then when the time
comes, he can take it to him in a bag or whatever, or keep it for him
as a trust until he sees him.
If the one who wantsto give zakaat appoints someone else to give it on
his behalf, he is still responsible for it until he is certain that
his deputy has carried out his instructions.
( Majaalis Shahr Ramadaan: Ahkaam Zakaat al-Fitr , by Shaykh Ibn 'Uthaymeen).
To whom it may be given
Zakaat al-Fitr may be given to the eight categories of people to whom
zakaat al-maal may be given.This is the opinion of the majority.
According to the Maalikis, one of the opinions of Ahmad and the
opinion of Ibn Taymiyyah, it should be given exclusively to the poor
and needy.
· (Al-Shaafa'i said): �Zakaat al-fitr should be divided among those
among whom zakaat al-maal is divided, and it shouldnot be spent
anywhere else… It should be shared out among the poor and needy,
slaves who have made a contractto purchase their freedom from their
masters, debtors, those who are fighting in the way ofAllaah, and
wayfarers.
( Kitaab al-Umm : Baab Day�ah Zakaat al-Fitr qabla Qasmihaa )
· Al-Nawawi (may Allaah have mercy on him) said, after quoting the
hadeeth of Ibn �Abbaas (may Allaah be pleased with him) that the
Prophet (peace and blessings of Allaah be upon him) said to Mu'aadh
(may Allaah be pleased with him):"Tell them that they have to give
sadaqah (charity) that is to be taken from their wealth and given to
the poor":
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