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Monday, August 6, 2012

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7e] Zakaat al-Fitr

7e]
"It is not permissible to give any part of zakaah to a kaafir, whether
it iszakaat al-fitr or zakaat al-maal… Maalik, al-Layth, Ahmad and Abu
Thawr said: 'They (i.e., kaafirs) should not be given it.'"
Zakaah should be given to the poor, those who have overwhelming debts,
and those whose salaries are not enough to last until the end of the
month,in accordance with the level of their needs.
It is not permissible for the one who gives zakaat al-fitr to buy it
back from the one to whom he has given it.
( Fataawaa al-Shaykh Ibn 'Uthaymeen ).
Payment and distribution
· It is preferable for the person who is giving to share it out
himself. (Al-Shaafa'i said): �I prefer to share out zakaat al-fitr
myself rather than give it to the one who is collecting it.�
· Al-Nawawi (may Allaah have mercy on him) said: �Al-Shaafa'i said in
al-Mukhtasar : 'Zakaatal-fitr is to be shared out among those to whom
zakaat al-maalis shared out. I preferthat it should be given to
relatives on whom it is not obligatory to spend at all.' He said: 'If
he prefers to give it to the one who is collecting it, this should be
fine, in sha Allaah… but it is better to share it out himself… If he
gives it to the Muslim leader or the collectoror the one who is
collecting the people's zakaat al-fitr, and he is givenpermission to
give it, this is fine, but sharing it out himselfis better than all of
this.��
( al-Majmoo� , part 6).
· It is permissible to appoint a trustworthy person to hand it over to
those who are entitled to it, but if heis not trustworthy, then it is
not allowed.�Abd-Allaah ibn al-Mu'ammal said: "I heard Ibn Abi
Mulaykah, when a man was saying to him, 'So-and-so told me to leave my
zakaat al-fitr in the mosque,' Ibn Abi Mulaykah said, 'He does not
know what he is talking about. You go and share it out (yourself),
otherwise Ibn Hishaam (the governor who was collecting it in the
mosque) will give it to his guards and whoever he wants' (i.e., he
would give it to people who were not entitled to it)."
( Al-Umm : Baab day'at Zakaat al-Fitr qabla Qasmihaa ).
Imaam Ahmad (may Allaah have mercy on him) stated that it is
permissible to share out one saa' among a group of people, or togive
many saa's to one person…
Maalik said: "there is nothing wrong with a man giving sadaqatal-fitr
on behalf of himself and his family to one needy person."
( al-Mudawwanah , part 1, Baab fi Qasm Zakaat al-Fitr ).
If one is giving less than a saa' to a poor person, this must be
pointed out, because he might use it to payhis own zakaat al-fitr.
It is permissible for a poor person, if he receives zakaat al-fitrah
from someone and he has more than he needs, to give it on his own
behalf or on behalf ofone of those who are dependent on him, if he is
sure that the food is OK (i.e., it is the right type of foodand the
quantity is sufficient).
Where to give zakaat al-fitr
Ibn Qudaamah (may Allaah have mercy on him) said: "As for zakaat
al-fitr, it should be shared out in the country where it became
obligatory, whether a person haswealth there or not, because it is the
reason why zakaat became obligatory…"
( al-Mughni , part 2, Fasl idhaa kaana al-muzakki fi balad wa maaluhu fi balad )
It was reported in al-Mudawwanah Fiqhal-Imaam Ahmad (may Allaah have
mercy on him): "I said: What is the opinion of Maalik on someone who
comes from Ifreeqiyah ('Africa') and is in Egypt on the day of Fitr –
where should he give his zakaat al-fitr? Malik said: [Heshould give
it] wherehe is. Maalik said: if his family in Ifreeqiyah give it on
his behalf, that is fine. (What was meant by Ifreeqiyah/'Africa' in
those days is different from what it means now)."
(Part 1, Baab fi Ikhraaj al-Musaafir Zakaat al-Fitr )
We ask Allaah to accept the worship ofall of us and to join us with
the righteous. May Allaah bless our Prophet Muhammad and all his
family and companions./

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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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