7d] Zakath ul Fithr

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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7c] Zakaat al-Fitr

7c]
Al-Shaafa'i (may Allaah have mercy on him) said: "If the staple food
of a people is corn, pearl millet (dukhn), thin-husked barley (sult),
rice or any grain on which zakaat is obligatory, then they may give it
as zakaat al-fitr.
(Al-Shaafa'i, al-Umm , part 2, Baab al-Rajul yakhtalifu qootuhu )
Al-Nawawi (may Allaah have mercy on him) said: "Our companions said:
'It is a condition of giving something as zakaat al-fitr that it
should be one of the foodstuffs on which zakaat is paid at the rate of
one-tenth (i.e.,zakaah of grains and fruits). Nothing else is
acceptable except aqit (dried yoghurt), cheese and milk.'"
Al-Maawardi said: "This is the case even though some of the people who
live on islands and others have fish or eggs as their staple food;
these are not acceptable (as zakaat al-fitr) and there is no
difference (amongthe scholars concerning this). As regards meat, the
correct view is that stated by al-Shaafa'i and confirmed by
al-Musannif and the companions in all that was narrated from them:
that it is not acceptable (as zakaat al-fitr), and this is the
unanimousview (of the scholars)… Our companions said: 'This is the
case even if their staple food is fruits on which they do not have to
give one-tenth as zakaat, such as figs etc. Theseare not acceptable
(aszakaat al-fitr) at all."
( Al-Majmoo' , part 6: al-Waajib fi Zakaat al-Fitr ).
Ibn al-Qayyim (may Allaah have mercy on him) said: "If it was said,
'You must give asaa' of dates everywhere, whetherit is the staple food
or not,' this is a disputed matter which is subject to ijtihaad. There
are some people who saythat it is obligatory, and others who say that
in each country itis obligatory to give asaa' of whatever is the
staple food there, as the Prophet (peaceand blessings of Allaah be
upon him) specified five types offood for zakaat al-fitr, so in each
country they can give the equivalent of a saa' of their staple food.
This is more correct, and is closer to the principles of sharee'ah,
for how can you make it obligatory for people whose staple food is
fish, for example, or rice or pearl millet, togive dates? … And Allaah
is the Source of strength.
( I'laam al-Muwaqqa'een , part 2, al-Qiyaas ) .
It is permissible to give pasta ("macaroni") that is made from wheat,
but one must make certain that the weight is equivalent to the weight
of a saa' of wheat.
As for giving zakaat al-fitr in the form of money, this is not
permissible at all, because the Prophet (peace and blessings of Allaah
be upon him) said that it mustbe given in the form of food, not money.
He clearly stated that it is to be given in theform of food, so it is
not permissible to give it in any other form and Islam wantsit to be
given openly, not secretly. The Sahaabah gave zakaat al-fitr in the
form of food, and we should follow, not innovate. The giving of zakaat
al-fitr in theform of food is regulated by the measure of saa', and if
it were to be given in the form of money,it could not be regulated in
this manner: according to the price of what would it be worked out and
given? There are obvious benefits to giving it in the form of staple
foods, such as at times when businessmen are hoarding certain goods,
prices have gone up, or at times of war and inflation. If someone were
to say, "But money is more useful for the poor, because then they can
buy what they want, and they might need something other thanfood, so
the poor person might sell the food and lose money." The responseto
this is that there are other sources for meeting the needs of the poor
with regard to shelter, clothing and so on, which are provided for
from thezakaat paid on people's wealth (zakaat al-maal), general
charity and other kinds of donations. Let us put things into the
proper Islamic perspective and adhere to what was set out by the
Prophet (peace and blessings of Allaah beupon him), who told us that
giving a saa' of food to feed the poor is obligatory. If we give food
to a poor person, he will eat it and will benefitfrom it sooner or
later, because it is thekind of food he uses anyway.
On this basis, it is not permissible, for the purposes of zakaat
al-fitr, to give money for a person to pay off his debts or to cover
the cost of surgery for a sick person or to pay for tuition for a
needy student and so on. There are other sources for this kind of
help, as stated above.
The time for giving zakaat al-fitr
It should be given before the Eid prayer,as is stated in the hadeeth
that the Prophet (peace and blessings of Allaah beupon him) "commanded
that it should be given before the people went out to pray."
(Al-Bukhaari, 1407).

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7b] Zakaat al-Fitr

7b]
The author of al-Muhadhdhab said: "Al-Musannif (may Allaah have mercy
on him) said: 'If someone has to pay zakaat al-fitr on his own behalf
and on behalf of those whom he is supporting, if they are Muslim and
if has more than he needs to spend on them that he can give, thenthe
mother and father, and grandparents and great-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 parents and grandparents and
great-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 and parents if they are poor, and
his daughter if she is married but the marriage has not yet been
consummated. If his son is rich, he does not have to givezakaat
al-fitr on his behalf. A husband hasto give zakaat al-fitr on behalf
of a divorced wife whose divorce (talaaq) is notyet final (i.e., she
is still in the 'iddah of a first or second talaaq), but not in
thecase of a rebellious wife or one whose divorce is final. A son does
not have to givezakaat 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, then the restof his relatives in order of closeness,
following the patternlaid out in the rules governing inheritance.
Al-Shaafa'i, may Allaah have mercy on him, said: "Who I say is obliged
to give zakaat al-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's behalf."
( Al-Umm , Baab Zakaat al-Fitr al-Thaani ).
It is not obligatory to give zakaat al-fitr on behalf of a foetus that
is 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 zakaat al-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
employer does not have to give zakaat al-fitr on his behalf, because
he is a hired worker, and one is 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 orphanssome of whose wealth is under his
control, even if they are minors."
( Al-Mudawwanah , part 1).
Amount of zakaat al-fitr
The amount to be given is one saa' of food, according to themeasure of
saa' used by the Prophet (peaceand blessings of Allaah be upon him),
because of the following hadeeth.
- Abu Sa'eed al-Khudri(may Allaah be pleased with him) said: "At the
time of the Prophet (peace and blessings of Allaah be upon him) we
used to give it in the form of a saa' of food…"
(Reported by al-Bukhaari, 1412).
The weight of the saa' [which is a measure of volume] varies according
to the type of food concerned, so when giving zakaat al-fitr by
weight, one must make sure that what is given is equivalent to a saa'
of that type of food. A saa' is approximately equivalent to three
kilograms of rice.
Types of things that may be given
What should be givenis food for human consumption, such as dates,
wheat, rice or other kinds of food that humans eat. It is reported in
al-Saheehayn from Ibn 'Umar (may Allaahbe pleased with themboth) that
the Messenger of Allaah (peace and blessings of Allaah be upon him)
made zakaat al-fitr, one saa' of dates or one saa' of barley,
obligatory on the Muslims, slave and free, male and female,. (At that
time,barley was one of thefoods they ate).
(Al-Bukhaari, 1408)
Abu Sa'eed al-Khudri (may Allaah be pleased with him) said: "At the
time of the Messenger of Allaah (peace and blessings of Allaah beupon
him), we used to give a saa' of food on the day of Fitr." Abu Sa'eed
said: "Andour food was barley, raisins, aqit (dried yoghurt) and
dates."
(Reported by al-Bukhaari, 1408).
It should be given in the form of the staplefood that is used locally,
whether it is wheat, rice, dates or lentils…

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7a] Zakaat al-Fitr

7a]
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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