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Monday, July 21, 2014

Conditions for Zakaah Being Obligatory, - Dought & clear, - * It is obligatory to pay zakaah on the wealth of minors and theinsane




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Is it obligatory to pay zakaah on the wealth of a minor, even though he is not mukallaf (accountable)?.
Praise be to Allaah.
The majority of scholars are of the view that it is obligatory to pay zakaah on the wealth of minors and the insane. This is the view of Imam Maalik, Imam al-Shaafa’i and Imam Ahmad. They quoted as evidence a number of texts.
1 – Allaah says (interpretation of the meaning):
“Take Sadaqah (alms) from their wealth in order to purify them and sanctify them with it”
[al-Tawbah 9:103]
Zakaah is obligatory and must be paid from one's wealth. It is a financial act of worship which becomes obligatory once its conditions are met, such as owning wealth that reaches the minimum threshold (nisaab), and the passage of one full (hijri) year.
2 – 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 from their wealth, to be taken from their rich and given to their poor.” Narrated by al-Bukhaari, 1395. So zakaah is enjoined upon the rich; this is general in meaning and includes minors and the insane if they have wealth.
3 – al-Tirmidhi (641) narrated from ‘Amr ibn Shu’ayb, from his father, from his grandfather that the Prophet (peace and blessings of Allaah be upon him) addressed the people and said: “Whoever becomes the guardian of an orphan who has wealth, let him do trade with it and not leave it lest it be consumed by zakaah.” This is a da’eef (weak) hadeeth which was classed as such by al-Nawawi inal-Majmoo’(5/301), and by al-Albaani inDa’eef al-Tirmidhi.
But this was proven in the words of ‘Umar (may Allaah be pleased with him), as narrated from him by al-Bayhaqi (4/178). He said: Its isnaad is saheeh. This was confirmed by al-Nawawi, as stated inal-Majmoo’.
4 – This was also narrated from ‘Ali, Ibn ‘Umar, ‘Aa’ishah, al-Hasan ibn ‘Ali and Jaabir (may Allaah be pleased with them).
Abu Haneefah (may Allaah have mercy on him) was of the view that zakaah is not obligatory for a minor, just as other acts of worship, such as prayer and fasting, are not required of him. But he stated that zakaah of crops and zakaat al-fitr are required of him.
The majority responded to that by noting that prayer and fasting are not required of a minor because these are physical acts of worship, and the body of a minor is not able for them. As for zakaah, it is a financial duty, and financial duties are required of minors; if a minor were to destroy a person’s property then he is required to pay compensation from his own wealth, and he is obliged to spend on his relatives if the conditions of that being obligatory are met.
They also said that there is no difference between regarding zakaah on crops and zakaat al-fitr as being obligatory for a child, and the zakaah of other things such as gold, silver and cash. If zakaah is required of him in the case of crops then it is required of him in the case of all kinds of wealth, and there is no difference.
The guardian of a minor or an insane person should pay zakaah on their behalf from their wealth each time one full hijri year passes; he should not wait until the minor reaches puberty.
Ibn Qudaamah said inal-Mughni:
Once this is established – i.e., that zakaah must be paid on the wealth of a minor or an insane person – then the guardian must pay it on their behalf from their wealth, because it is an obligatory zakaah which must be paid, like the zakaah of a sane adult. The guardian acts in his stead when paying what he is obliged to pay. This is a duty that is required of the minor or insane person, so the guardian must perform it on their behalf, like spending on relatives. End quote.
Al-Nawawi said inal-Majmoo’(5/302)
In our view, zakaah is required on the wealth of minors and the insane, and there is no difference of opinion on this point. The guardian must pay it from their wealth just as he pays from their wealth compensation for any damage they may cause (to the property of others), maintenance of relatives, and other duties that they may be obligated to fulfil. If the guardian does not pay the zakaah, then the child or insane person must pay zakaah for past years after attaining puberty or after recovering, because this is an obligation upon their wealth. But the guardian is sinning if he delays it and what he has neglected cannot be waived. End quote.
It was narrated from Ibn Mas’ood and Ibn ‘Abbaas that zakaah is obligatory upon a minor but he does not have to pay it until he reaches puberty. But this view is da’eef (weak) and is not valid. It was classed as da’eef by al-Nawawi inal-Majmoo’, 5/301.
Shaykh Ibn Baaz (may Allaah have mercy on him) was asked:
A man died and left behind wealth and orphans. Is zakaah due from this wealth? If that is the case, who should pay it?
He replied:
Zakaah must be paid on the wealth of orphans, whether it is money, trade goods, livestock of an’aam animals (camels, cattle, sheep and goats) or grains and produce on which zakaah is due. The guardian of the orphans must pay it on time… the year is to be calculated from the death of their father, because when he died, the wealth came into their possession. And Allaah is the Source of strength. End quote.
Fataawa Ibn Baaz, 14/240
The scholars of the Standing Committee were asked:
Is zakaah due on the wealth of orphans and the insane?
They replied:
Zakaah is due on the wealth of orphans and the insane. This is the view of ‘Ali, Ibn ‘Umar, Jaabir ibn ‘Abd-Allaah, ‘Aa’ishah, and al-Hasan ibn ‘Ali, as narrated from them by Ibn al-Mundhir. The guardian should pay it on their behalf. The fact that it is obligatory is indicated by the general meaning of the evidence that zakaah is obligatory, as mentioned in the Qur’aan and Sunnah. When the Prophet (peace and blessings of Allaah be upon him) sent Mu’aadh to Yemen and told him what to say to them, one of the things he said was: “Tell them that they must give zakaah, to be taken from their rich and given to their poor.” Narrated by the group. The word “rich” includes minors and the insane, as does the word “poor”. Al-Shaafa’i narrated in hisMusnadfrom Yoosuf ibn Maahik that the Prophet (peace and blessings of Allaah be upon him) said: “Trade with the wealth of orphans and do not let it be lost or consumed by zakaah.” This is mursal. Maalik narrated inal-Muwatta’that he heard that ‘Umar ibn al-Khattaab (may Allaah be pleased with him) say: Do trade with the wealth of orphans and do not let it be consumed by zakaah. ‘Umar said that to the people and enjoined it upon them, which implies that it was a rule that was followed and accepted as the correct ruling. Maalik also narrated inal-Muwatta’from ‘Abd al-Rahmaan ibn al-Qaasim that his father said: ‘Aa’ishah used to take care of me and a brother of mine, who were orphans under her care, and she used to pay zakaah from our wealth. End quote.
Fataawa al-Lajnah al-Daa’imah, 9/410
The view that zakaah is due from the wealth of minors and the insane was also favoured by Shaykh Ibn ‘Uthaymeen (may Allaah have mercy on him), as stated inal-Sharh al-Mumti’, 6/14.




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Fasting, - Doupht&clear, - * Is it better for one who is sick not to fast in Ramadaan?




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Is it better for a sick person not to fast, or to put up with the difficulties and fast?.
Praise be to Allaah.
If fasting will be too difficult for the one who is sick, it is better for him not to fast, and to make up the days that he did not fast later on. It is not mustahabb for him to fast if it is too difficult.
The evidence for that is as follows:
1 – Ahmad (5832) narrated that Ibn ‘Umar said: The Messenger of Allaah SAWS (peace and blessings of Allaah be upon him) said: “Allaah loves His concessions to be accepted just as He hates for acts of disobedience to be committed.” Classed as saheeh by al-Albaani inIrwa’ al-Ghaleel, 564.
2 – al-Bukhaari (6786) and Muslim (2327) narrated that ‘Aa’ishah (may Allaah be pleased with her) said: The Messenger of Allaah SAWS (peace and blessings of Allaah be upon him) was never given the choice between two things but he would choose the easier of them, unless it was a sin. If it was a sin he would be the furthest away from it.
Al-Nawawi (may Allaah have mercy on him) said:
This shows that it is mustahabb to choose the easier and gentler option, so long as it is not haraam or makrooh.
Rather it is makrooh for one who is sick to fast if fasting is too difficult for him. His fasting may be haraam if there is the fear that he may be harmed because of fasting.
Al-Qurtubi (may Allaah have mercy on him) said: (2/276):
In the case of one who is sick, two scenarios may apply:
1 – He is not able to fast at all, so he has to break his fast and it is obligatory for him not to fast.
2 – If he is able to fast but that will cause him harm and be difficult for him. In this case it is mustahabb for him to break his fast and not to fast; in this case only an ignorant person would fast.
Ibn Qudaamah (may Allaah have mercy on him) said inal-Mughni, 4/404:
If a sick person is able to put up with fasting and does so, then he has done something which is makrooh, because of the harm that results from that and because he has neglected the concession granted by Allaah.
Shaykh Ibn ‘Uthaymeen (may Allaah have mercy on him) said inal-Sharh al-Mumti’(6/352):
From this we realize the mistake made by the mujaahideen and sick people for whom fasting is difficult and may even cause them harm, but they refuse to break the fast. We said that they are making a mistake when they do not accept the kindness of Allaah and the concession He has granted, and they are harming themselves. Allaah says (interpretation of the meaning):
“And do not kill yourselves”
[al-Nisa’ 4:29]
And Allaah knows best.




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Fasting, - Doupht&clear, - * He has a stomach ulcer and the doctors have advised him not to fast




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There is a man who has had a stomach ulcer for eight years, and he is still undergoing treatment. The doctors have advised him not to fast lest it make the illness worse. Is that permissible for him?.
Praise be to Allaah.
He is allowed not to fast, but he has to make it up after he recovers if there is the hope that he will recover. If that is not the case and it is not possible that he will recover from this sickness, then he may feed one poor person for each day of the month of Ramadaan. End quote.
Fataawa al-Shaykh Muhammad ibn Ibraaheem (may Allaah have mercy on him) (4/180).





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Fasting, - Doupht&clear, - * Can he break his fast during the day in Ramadaan because of a medical examination?




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I am going to have some diagnostic imaging done at the hospital, and this means that I cannot fast on that day. If I do not do this imaging now, I will not get another appointment for several months. Is it permissible for me to break my fast in order to do this imaging?.
Praise be to Allaah.
It is permissible for one who is sick to break his fast, and he has to make up the days that he does not fast because of sickness, because Allaah says (interpretation of the meaning):
“and whoever is ill or on a journey, the same number [of days which one did not observe Sawm (fasts) must be made up] from other days”
[al-Baqarah 2:185]
The kind of sickness which means that a person is allowed not to fast is severe sickness which causes hardship or harm to the person if he fasts, or which it is feared will make the sickness worse or delay recovery because of fasting. The scholars also said that this applies if it is feared that a person may become sick because of fasting.
If your sickness falls into any of these categories (as appears to be the case), it is permissible for you not to fast, because diagnostic imaging helps to determine the sickness and thus prevent it getting worse or delaying recovery.
But if your sickness does not fall into any of these categories, then it is not permissible for you to break your fast, and you should try to do the imaging at night if you can, or wait until Ramadaan is over.
Shaykh Muhammad al-Saalih al-‘Uthaymeen said:
The person who is sick with a temporary illness falls into one of three categories:
1 – Those for whom fasting is not difficult and does not cause hardship. They have to fast and are not excused.
2 – Those for whom fasting is difficult but does not cause harm. It is makrooh for them to fast because that means they are rejecting a concession granted to them by Allaah, as well as being hard on themselves.
3 – Those for whom fasting is harmful. It is haraam for them to fast because that means they are bringing harm upon themselves. Allaah says (interpretation of the meaning):
“And do not kill yourselves”
[al-Nisa’ 4:29]
“and do not throw yourselves into destruction”
[al-Baqarah 2:195]
According to the hadeeth, the Prophet (peace and blessings of Allaah be upon him) said: “There should be neither harming nor reciprocating harm.” Narrated by Ibn Maajah and al-Haakim. Al-Nawawi said: it has isnaads which strengthen one another. Whether or not fasting is harmful for a sick person is known either from the person feeling that himself or a trustworthy doctor telling him of that.
If a sick person breaks his fast, he has to make up the number of days that he missed when he recovers. If he dies before recovering, then that obligation no longer applies because the command is to make up the fasts from other days, but he did not live to see those other days.
Fusool fi’l-Siyaam wa’l-Taraaweeh(part 3).
And Allaah knows best.



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