Zakāh in the Islamic
Jurisprudence
By Sayyid Sabiq
In the name of Allāh, the Most Gracious, the Most Merciful;
All the praise and thanks is due to Allāh, the Lord of
al-`ālamīn. I testify that there is none worthy of worship except Allāh, and
that Muhammad, Sallallāhu `alayhi wasallam is His Messenger.
Zakāh or alms tax can be
defined as that portion of a man’s wealth which is designated for the poor. The
term is derived from the Arabic verbal root meaning “to
increase.”; “To purify and to bless.” It finds its origin in Allāh’s
command to: “Take sadāqah (charity) from their
property in order to purify and sanctify them” (at-Tawbah, 9: 103). That
is why this kind of sadaqah is called Zakāh,
for by paying it; one is aspiring to attain blessing, purification, and the
cultivation of good deeds.
Taking
into account its very nature, it is no wonder that zakāh constitutes one of the
five pillars of Islam. It is associated with Solat in eighty-two Qur`anic
verses. Allāh, the Exalted One, prescribed it in His
Book (The Qur`an), His Messenger corroborated it by his (Sunnah), and
the community (ummah) by consensus upholds it. Ibn `Abbas (radiyallāhu`anhu)
reported that when the Prophet (Sallallāhu `alayhi wasallam) sent Mu`az Ibn
Jabal (radhiyallāhu`anhu) to Yemen (as its governor), Rasūlullāh (Sallallāhu
`alayhi wasallam) said to him: “You are going to a
people who are People of the Scripture. Invite them to accept the Shahādah:
that there is no god but Allāh and I am His Messenger. If they accept and
affirm this, tell them that Allāh, the Glorious One, has enjoined five prayers
upon them during the day and night. If they accept that, tell them also that He
has enjoined sadaqah upon their assets which will be taken from the rich of the
(Muslim) community and distributed to the poor. If they accept that, refrain
from laying hands upon the best of their goods and fear the cry of the
oppressed, for there is no barrier between Allāh and it.”
At-Tabarāni
relates in Al-`Awsat and as-Saghir, on the authority of `Ali that the
Prophet (Sallallāhu `alayhi wasallam said: “Allāh
has enjoined upon rich Muslims a due to be taken from their properties
corresponding to the needs of the poor among them. The poor will never suffer
from starvation or lack of clothes unless the rich neglect their due. If they
do, Allāh will surely hold them accountable and punish them severely.”
According to at-Tabarāni: “It was reported only by Thābit Ibn Muhammad Az-Zahid
(radhiyallāhu`anhu).” Of Thābit’s credibility, al-Hafiz in turn says: “Thābit
(radhiyallāhu`anhu) was an honest and trustworthy person. Al-Bukhari and others
related from him, and the rest of the narrators in the chain are considered as
accepted authorities.”
In
the early days of Islam at Makkah, no limit or restriction was placed on the
amount to be donated, for that decision was left to the individual Muslim's
conscience and generosity. In the second year of hijrah, according to the
widely known authorities, both the type and the quantity of zakāh revenues were
determined, and detailed illustrations were provided.
At-Tawbah,
9: 103 authorizes the Prophet, (Sallallāhu `alayhi wasallam), to take either a
stipulated amount of alms from the believers' holdings in the form of The
Obligatory Zakāh, or a voluntary, unstipulated amount (zakāh of tatawwul). In
this ayah, “purify” means to purify them from stinginess, greed, and meanness,
and a lack of remorse toward the poor and the wretched. To sanctify them is to
raise them in esteem through good deeds and blessings so that they will be
worthy of happiness both now and in the afterlife.
In
reference to the life hereafter, Allāh reveals: “Lo!
Those who keep from evil will dwell amid gardens and water springs, taking that
which their Lord gives them. For they were before doers of good. They used to
sleep but little of the night, and in the hours of the early dawn they prayed
for forgiveness.... In their wealth, the beggar and the outcast had due share” [Ad-Dhariyat,
51: 15-19]. Allāh views beneficence and righteousness as exclusive qualities of
the pious. It is because of their beneficence that they pray at night and ask
Allāh’s forgiveness at dawn as a way of worshipping and approaching Him. Their
beneficence is likewise in their giving to the needy their share of mercy and
sympathy.
Allāh
further confirms: “And the believers, men and
women, are protecting friends of one another; they enjoin the right and forbid
the wrong, they perform prayer and pay the zakāh, and they obey Allāh and His
Messenger. Upon them, Allāh will have mercy” [At-Tawbah, 9: 71].
Such
are the people blessed by Allāh and given His mercy-- those who believe in Him,
who take care of each other through support and love, who exhort fairness and
restrain lewd behavior, who have strong ties with Allāh through prayer, and who
strengthen their mutual relations through zakāh.
Finally,
these people, as reflected in Surah Al-Hajj, 22: 41, are: “Those who, if we give them power in the land, perform
prayers and pay zakāh, and enjoin kindness and forbid inequity.” Giving zakāh
is, therefore, one of the reasons for which the righteous are given authority
on earth.
Abu
Kabshah Al-Anmari narrated that the Prophet, (Sallallāhu `alayhi wasallam),
said: “I swear upon three (things) and ask you to
memorize my words: Sadaqah taken from a property never decreases it; a man who
suffers injustice and is patient with it, Allāh will grant him strength;
a man who starts begging, Allāh will cause him to be poor.” Recorded
by At-Tirmidzi.
Abu
Hurairah (radhiyallāhu`anhu) related that the Messenger of Allāh, (Sallallāhu
`alayhi wasallam), said: “Allāh receives charity by
His right hand, and then He causes it to grow for each of you. Just as you
raise a horse, colt, foal, or young weaned camel, so that morsel becomes as
large as the Mount of Uhud.” Recorded by Ahmad and At-Tirmidzi (and the
latter graded it sahih).
Of
this hadith's content, Waki' says: “This is
sanctioned by the Qur'an: 'Do they not know that it is Allāh alone who
can accept the repentance of His servants and is the (true) recipient of
whatever is offered for His sake - and that Allāh alone is an acceptor of
repentance, a dispenser of grace?' [At-Tawbah, 9: 104]. ‘Allāh deprives usurious
gains of all blessing, whereas He blesses charitable deeds with manifold
increase.' (Al-Baqarah, 2: 276).”
Ahmad
related, with a sound chain of narrators, that Anas bin Mālik
(radhiyallāhu`anhu) said: “A man from the tribe of
Tameem came to the Messenger of Allāh, (Sallallāhu `alayhi wasallam), and said:
‘O Messenger of Allāh! I have plenty of property, a large family, a great deal
of money, and I am a gracious host to my guests. Tell me how to conduct my life
and how to spend.’ The Messenger of Allāh , (Sallallāhu `alayhi wasallam),
replied: ‘Pay zakāh out of your property, for truly it is a purifier which
purifies you, and be kind to your relatives, and acknowledge the rights of the
poor, neighbors, and beggars’.”
It
was reported from `Aishah (radhiyallāhu`anha) that the Messenger of Allāh,
(Sallallāhu `alayhi wasallam), said: “I swear upon
three things: Allāh does not equate one who has a portion in Islam with one who
does not. The portions of Islam are three: prayer, fasting, and zakāh. If Allāh
takes care of a man in this world, He will take care of him on the Day of
Judgment. If a man likes a group of people, Allāh will certainly include him
among them. As for the fourth, if I swear on it, I hope I will not commit a
sin: that if Allāh conceals a man's sin in this world, He will certainly not
expose him on the Day of Judgment.”
At-Tabarāni
related in Al-`Awsat, that Jabir Ibn `Abdullah (radhiyallāhu`anhu) reported: “A man said: ‘O Messenger of Allāh! What will be the
gains for a man who pays zakāh on his assets?’ The Messenger of Allāh,
(Sallallāhu `alayhi wasallam), said: ‘For one who pays zakāh on his assets, he
will be removed from the evil in them’.”
On
the same subject, Al-Bukhari and Muslim relate that Jabir Ibn `Abdullah
(radhiyallāhu`anhu) reported: “I gave my allegiance
to the Messenger of Allāh, (Sallallāhu `alayhi wasallam), that I will establish
solāh and zakāh, and I will give advice to every Muslim.”
Allāh
says: “O you who believe! Most surely many of the
doctors of law and the monks eat away the property of men falsely and turn them
from Allāh 's way; and as for those who hoard treasures of gold and silver and
do not spend them for the sake of Allāh --warn them of grievous sufferings [in
the life to come]. On the Day when that [hoarded wealth] shall be heated in the
Fires of Hell and their foreheads and their sides and their backs branded with
it, [it will be said to them:] 'These are the treasures which you have hoarded
for yourselves. Now taste of what you used to accumulate!' [At-Tawbah,
9: 34-35].”
Allāh
also says: “And they should not think--they who
variously cling to all that Allāh have granted them out of His bounty--that
this is good for them. No, it is bad for them, for that which they hoard will
be hung about their necks on the Day of Judgment” [Al-'Imran, 3:
180].
Abu
Hurairah (radhiyallāhu`anhu) narrated that the Messenger of Allāh (Sallallāhu
`alayhi wasallam) said:
“No owner of a treasure who does not pay zakāh will be spared,
for his treasure will be heated in the Fires of Hell and then made into plates.
His flanks and his forehead will be branded with them until Allāh pronounces
judgment on His servants during a day lasting fifty thousand years. [The
individual] will be shown his path, leading him either to Paradise or to
Hell.
A camel owner who does not pay zakāh will not be spared
(either). He will lay flat on a sandy, soft plain and they will run over him
heavily one after another until Allāh pronounces judgment on His servants
during a day lasting fifty thousand years. [The individual in question] will
then be shown his path, leading him either to Paradise or to Hell.
Equally, no owner of goats who does not pay zakāh (will be
spared). He will lay flat for them on a sandy plain, and the goats will run
over him as heavy as they will come and they will trample him with their hoofs
and gore him with their horns--with twisted horns or with no horns--one after
another until Allāh pronounces judgment on His servants, during a day lasting
fifty thousand years, and [the individual in question] will be shown the path,
leading him either to Paradise or to Hell.
They [the Companions] asked: 'O Messenger of Allāh, what about
the horses?' Rasūlullāh (Sallallāhu `alayhi wasallam) said: ‘Horses have
goodness in their foreheads (or he said 'Goodness lies in the foreheads of the
horses') until the Day of Judgment. Horses are of three kinds: they are a
source of reward for the owner, they are a cover, or they are a burden to a
person. As to those [horses] that bring rewards, one who raises and trains them
for the sake of Allāh will get a reward from Him as well as all that they
consume will be considered a reward for him from Allāh . For every stalk of
grass in the meadow that one lets them graze, there is a reward for him. For
every drop of water that one lets them drink from the creek, there is a
reward.’
Rasūlullāh (Sallallāhu `alayhi wasallam) went on describing
until a reward was mentioned even for their urine and their feces. 'And for
every step that they prance on elevated ground, there is a reward. As for the
one to whom they will provide cover [in the life hereafter], he is the one who
raises them for honor and dignity and remembers the right of their backs and
stomachs in plenty and adversity. As for the one to whom they are a burden, he
is the one who raises them for glory and showing off to people.'
They asked: ‘O Messenger of Allāh, what about donkeys?’ Rasūlullāh
(Sallallāhu `alayhi wasallam) said: ‘Allāh has not revealed to me anything in
regard to them except this one comprehensive verse: ‘He who does an atom's
weights of good will see it, and he who does an atom's weight of evil will see
it. [Az-Zalzalah 7]’.’” This
is recorded by Ahmad, Al-Bukhari, and Muslim.
Abu
Hurairah (radhiyallāhu`anhu) that the Prophet (Sallallāhu `alayhi
wasallam) said: “Whoever is made wealthy by Allāh
and does not pay zakāh on his wealth, on the Day of Judgment it will
become a bald-headed, poisonous, male snake with two black spots over his eyes.
The snake, on the Day of Judgment, will encircle his neck, and bite his cheeks
and say: 'I am your treasure, I am your wealth.' “Then he [the Prophet] recited
this 'ayah: “‘and let not those who hoard up that which Allāh has bestowed upon
them of his bounty...' [Al-‘Imran, 3: 180].” This is recorded by
Al-Bukhari and Muslim.
Ibn
`Umar (radhiyallāhu`anhu) narrated that the Messenger of Allāh, (Sallallāhu
`alayhi wasallam), said: “O Muhajirun, beware of
five traits: if ever immorality spreads in a community and there is no sense of
shame on its occurrence or mentioning it [and people talk about it as if
nothing bad has taken place], diseases which were not present in the time of
their predecessors will spread among them. If they decrease the measure and
weight (of sold grains or food), they will be overcome by poverty, their
provisions will decrease and their ruler will be unjust. If they refrain from
paying the zakāh due on their properties, they will be deprived of rain, unless
they get it only for the sake of their cattle. If they renounce their
commitment to Allāh and His Messenger, they will be governed by an enemy who is
a stranger to them and who will take away some of what they possess. If their
rulers do not rule according to Allāh’s Book, they will be afflicted by civil
war. Allāh forbids that these should happen to you.” This is recorded by
Ibn Majah, Al-Bazzar, and Al-Baihaqi.
Al-Ahnaf
Ibn Qays narrated: “I was in the company of some
men of Quraish, when a man (Abu Zharr al-Ghafari, a companion of the Prophet)
came with coarse hair, clothes, and appearance. He stood up, greeted them and
said: 'Inform those who hoard property that a stone will be heated in the Fires
of Hell and then placed on the nipples of their breasts until it comes out from
the top of their shoulders. It will then be placed on the top of their
shoulders until it comes out again from the nipple of their breasts, and they
will be shaken.' Then he left. I followed him and sat near him, not knowing who
he was. I said: 'These people disliked what you said to them.' He observed:
'They do not understand anything that my friend said to me.' I asked: 'Who is
your friend?' He replied: 'The Prophet, (Sallallāhu `alayhi wasallam). [One day
he asked me]: 'Do you see the Mount of Uhud?' I looked at the sun to see how
much of the day was left, as I thought that the Messenger of Allāh, (Sallallāhu
`alayhi wasallam), wanted to send me on an errand for him. I said: 'Yes.' Upon
this he said: 'Nothing would delight me more than having gold equal to the bulk
of Uhud and spending all of it (in Allāh’s way) except three dinars.'
'Indeed, these people do not understand and go on accumulating
riches. By Allāh! I neither ask them for this world, nor do I ask them anything
about religion until I meet Allāh, The Exalted One.’” This is recorded by
Al-Bukhari and Muslim.
As
an obligation upon Muslims, zakāh is one of the essential requirements of
Islam. If somebody disputed its obligation, he would be outside of Islam, and
could legally be killed for his unbelief unless he was a new Muslim and could
be excused for his ignorance.
As
for the one who refrains from paying it without denying its obligation, he
would be guilty of committing a sin. Yet, this act does not place him outside
of Islam. It is the ruler's duty to take zakāh from the defaulter by force and
rebuke him, provided he does not collect more than the stipulated amount.
However, in the views of Ahmad and Ash-Shaf'i`ie (in his earlier opinion) the
ruler could take half of the defaulter's money, in addition to the calculated
amount of zakāh, as a punishment. This view is based on what Ahmad, An-Nasā`ie,
Abu Dawud, Al-Hakim, and Al-Baihaqi have recorded from Bahz Ibn Hakim all the
way back to his grandfather who said: “I heard the
Messenger of Allāh, (Sallallāhu `alayhi wasallam), say: 'Whether the camels of
the zakāh payer are grown or baby camels, it makes no difference in his reward
if he gave them willingly. (However,) if someone refrains from paying it, it
will be taken from him along with half his property, for it is a right of our
Lord, the Blessed and the Exalted, not a right of the house of
Muhammad.’”
Ahmad
held its chain is good (Hassan). Of Bahz, Al-Hakim says: “His traditions are
authentic.” Ash-Shāfi`ie (rahimahullāh), as Al-Baihaqi says, did not include it
for fiqhi consideration because . . .
“this hadith is not confirmed by the scholars of hadith.”
If
some people refrain from paying zakāh knowing that it is due and that they can
afford to pay, they should be fought until they yield and pay. Ibn `Umar
(radhiyallāhu`anhu) reported he heard the Prophet (Sallallāhu `alayhi wasallam)
say: “I have been ordered to fight people until
they say that none has the right to be worshipped but Allāh , and that Muhammad
is His Messenger, and they uphold the prayers, and pay the zakāh. If they do
this, their lives and properties will be safe, except for what is due to Islam,
and their accounts are with Allāh.” This is recorded by Al-Bukhari and
Muslim.
Abu
Hurairah (radhiyallāhu`anhu) is reported to have said: “When
Allāh’s Messenger, (Sallallāhu `alayhi wasallam), died and Abu Bakar
(radhiyallāhu`anhu) succeeded him as caliph, some Arabs apostatized, causing
Abu Bakar to declare war upon them. `Umar said to him: 'Why must you fight
these men?', especially when there is a ruling of the Prophet, (Sallallāhu
`alayhi wasallam): 'I have been called to fight men until they say that none
has the right to be worshipped but Allāh, and whoever said it has saved his
life and property from me except when a right is due in them, and his account
will be with Allāh.' Abu Bakar (radhiyallāhu`anhu) replied: 'By Allāh! I will
fight those who differentiate between salah and zakāh because zakāh is the due
on property. By Allāh! If they withheld even a young she-goat (`anaq) that they
used to pay at the time of Allāh’s Messenger, (Sallallāhu `alayhi wasallam), I
would fight them.' Then 'Umar (radhiyallāhu`anhu) said: 'By Allāh! It was He
who gave Abu Bakr the true knowledge to fight, and later I came to know that he
was right.'”
The
same hadith narrated by Muslim, Abu Dawud, and At-Tirmidzi has the following
variant: “If they withheld the 'equal, the rope of the camel,” instead of “`anaq,
young she-goat.”
6 - Who is obliged to
Pay Zakāh?
Zakāh
must be paid by every Muslim who has a nisab, which is the minimum of one's
holdings liable to zakāh. The nisab is conditioned by the following:
1-
Zakāh should be paid on any amount of money remaining after meeting the
expenses for such necessities as food, clothes, and housing, vehicles and craft
machines.
2-
A complete year of Islamic calendar should pass, starting from the very day of
the nisab's possession, without any decrease during the year. In case of its
decrease (being less than nisab), the year count
(hawl ;) starts from the day of the nisab completion.
Commenting
on the issue, An-Nawawi (rahimahullāh) said: “In our view and the views of
Malik, Ahmad, and the majority of scholars, the amount of property liable for
payment of zakāh, such as gold, silver, or cattle, is tied to the completion of
nisab through the turn of a whole year. If the nisab decreases in any time of
the year, [the counting of] the year discontinues. Later, if the nisab is
completed, the year count is resumed from the time of its completion.”
On
the same subject, Abu Hanifah (rahimahullāh) holds: “What matters is the
availability of nisab at the beginning and end of the year. Its decrease at any
time in between does not matter, even though the zakāh payer had two hundred
dirhams and he lost all but one dirham during the year, or if he had forty
sheep, all of which died except for one during the year. If, at the end of the
year, he had two hundred dirhams, or forty sheep, then he must pay zakāh on all
of that. This condition is not applicable to the zakāh of plantations and
fruits, for their zakāh should be paid on the harvest day. Allāh, the Exalted
One, says: 'And pay the due thereof upon the
harvest day' [Al-`Araf, 7: 142].”
Al-`Abdari
(rahimahullah) elaborated that: “The holdings subject to zakāh are of two
kinds. The first kind grows by itself: crops and fruits. The second kind is
used for growing and production: money, merchandise, and cattle. In the former
case, zakāh should be paid at the time of harvest. In the latter case, it
should be paid at the end of the haul. This was the opinion of all jurists as
reported in An-Nawawi's Al-Majrnu'.”
The
guardian of a child or of a mentally retarded person must pay zakāh on his
behalf from his property if it constitutes a nisab.
`Amr
Ibn Shu'aib reported from his father backed up by a chain of sources going back
to `Abdullah Ibn `Amr (radhiyallāhu`anhu) that the Messenger of Allāh,
(Sallallāhu `alayhi wasallam), said: “One who
becomes the guardian of an orphan with property must trade on his behalf and
not leave it passive in order to avoid depletion of the property by sadāqah.”
However,
this hadith has a weak link. Still, Al-Hafiz affirms that: “There is a similar hadith of the mursal type in the
compilation of Ash-Shaf'i`ie, who confirmed that it is considered a sound one.
`Aishah (radhiyallāhu`anha) used to set aside zakāh for the orphans who were
under her protection.”
At-Tirmidzi
concludes that: “Jurists differ on this issue. More
than one companion of the Prophet, (Sallallāhu `alayhi wasallam), said that zakāh
may be taken from an orphan's property. Among these are: 'Umar, 'Ali, 'Aishah,
and Ibn 'Umar (radhiyallāhu`anhum). This view is also supported by Malik,
ash-Shaf'ie, Ahmad, and Ishaq. Another group, including Sufyan and Ibn
al-Mubarak, hold that: 'Zakāh should not be taken out of an orphan's property.'
“
Whoever
has property must pay its proper zakāh. If the property is indebted, he may
first pay off his debt, and then in case the remainder is enough to constitute
a nisab, he must pay zakāh. If he does not hold the nisab, he does not have to
pay it since he is poor. The Messenger of Allāh, (Sallallāhu `alayhi wasallam),
said: “Only the wealthy are required to give
charity.” This hadith is related by Ahmad and Al-Bukhari. The latter
records it in mu'allaq form. The Prophet (Sallallāhu `alayhi wasallam) also
said: “Zakāh is levied on the rich and paid to
the poor.” It is all the same, whether he is indebted to Allāh or to
man, because one hadith states: “Allāh’s debt is
more deserving of fulfillment.”
If
a person dies before he pays zakāh, then it must be taken from his
estate.
According
to Ash-Shāf'i`ie, Ahmad, Ishaq, and Abu Thaur, it is obligatory that zakāh be
paid from the property of the deceased, and this payment receives preference
over debt, legacy, and inheritance for Allāh says: “...
after payment of legacies and debts is what you leave ...” [An-Nisa'
12]. Zakāh is a debt payable to Allāh.
A
man came to the Messenger of Allāh, (Sallallāhu `alayhi wasallam), and said: “My mother died while she still had to make up one month
of fasting. Shall I make it up for her?” The Prophet (Sallallāhu `alayhi
wasallam) replied: “If there was any debt upon your mother, would you pay it
off for her?” The man answered: “Yes.” The Prophet (Sallallāhu `alayhi
wasallam) then observed: “A debt to Allāh more deserves to be paid off.”
This is recorded by Al-Bukhari and Muslim.
Since
the payment of zakāh is an act of worship, its validity depends upon the
expression of one's intention. That is, the zakāh payer should pay it for the
sake of Allāh; he should make up his mind, with all of his heart, that zakāh is
an obligation to be discharged. Allāh says: “And
they are commanded no more than this: to worship Allāh, sincere in their faith
in Him alone” [Al-Bayyinah 5].
It
is related in Al-Bukhari and Muslim that the Prophet, (Sallallāhu `alayhi
wasallam), said: “The value of [one's] deeds is
determined by [one's] intentions; and thus for each shall be according to his
intentions.” Mālik and Ash-Shāf'i`ie say that the intention is to be
made at the time of rendering zakāh. Abu Hanifah holds that the intention must
be present at the time of payment or when zakāh is being set aside from one's
assets. Ahmad's view is that it is permissible to express the niyyah a little
earlier before payment.
Zakāh
must be paid immediately at its due time. Deferring payment of zakāh is prohibited,
unless the payer for some valid reason cannot pay it on time. In such a case,
he may wait until he is able to pay it. `Uqbah Ibn Al-Harith
(radhiyallāhu`anhu) said: “Once I performed the
'asar prayer with the Prophet, (Sallallāhu `alayhi wasallam). When he concluded
the prayer, he hurriedly went to his house and returned immediately. Noticing
the amazed faces, he said: 'I left at home a piece of gold which was meant for
sadaqah, and I did not want to let it remain a night in my house, so I ordered
it to be distributed.'” This was recorded by Ahmad and Al-Bukhari.
Ash-Shāf'i`iie
and Al-Bukhari (the latter in his Tarikh) relate from ‘Aishah
(radhiyallāhu`anha) that the Prophet (Sallallāhu `alayhi wasallam) said: “Whenever sadāqah which is payable is mixed with a
property, it will destroy that property.” The same hadith is related by
Al-Humaydi (radhiyallāhu`anhu) with this addition: “If
you have to pay sadaqah which is payable, then it must be set aside, or the
unlawful [property] will destroy the lawful one.”
It
is permissible for zakāh to be paid for even two years in advance. Al-Zuhri did
not see any problem in paying his zakāh before the hawl. Al-Hasan was once
asked if a man who had paid his zakāh for three years in advance fulfilled his
obligation. Al-Hasan answered in the affirmative. Of this view, Ash-Shawkani
said: “This was the view of Ash-Shāf'i`ie, Ahmad, and Abu Hanifah. It was
supported by Al-Hadi and Al-Qasim.” Al-Mu'ayyad-billah also subscribes to this
opinion as being better, but he says that Malik, Rabi`ah, Sufyan ath-Thawri,
Dawud, Abu `Ubayd Ibn Al-Harith, and An-Nasir (who comes from the Prophet's
family) held that one's obligation is not discharged if the zakāh is paid
before the expiration of the year. They formulated their stance on the
Prophet's hadith, already mentioned, which makes the zakāh mandatory for the
payer only when he has his possessions for a year. However, this does not
invalidate the view of those who maintain that paying zakāh in advance is
lawful, for undeniably the obligation of zakāh is associated with the expiry of
one full year. The difference is only on the point of whether one's obligation
is discharged if the zakāh is paid before the year has expired.” Ibn Rushd sums
up the subject: “The controversy arises from the
question whether it is an act of worship or an obligation owed to the poor. The
group which considers it an act of worship, like solah (prayers), does not
agree that it should be paid before its time. On the other hand, the group
which views it as similar to the case of deferred obligatory dues approves its
voluntary payment in advance.” In support of his view, Ash-Shāf'ie
relates a hadith from `Ali that the Prophet (Sallallāhu `alayhi wasallam) asked
for Al-`Abbas' sadāqah before its due date.
It
is desirable that the recipient invoke blessing for the du`a of zakāh at the
time of its payment, for Allāh says: “Take alms of
their property that you may purify and sanctify them and pray for them. Verily,
your prayers are a comfort for them” [At-Tawbah, 9:103]. It is related
from `Abdullah Ibn Abu Awfa that the Messenger of Allāh (Sallallāhu `alayhi
wasallam) on receiving sadāqah would say: “O Allāh,
bless the family of Abu Awfa.” This is related by Ahmad and others.
Wa`il
Ibn Hajar reported that the Prophet, (Sallallāhu `alayhi wasallam), prayed for
a man who had offered a fine she-camel in his zakāh payment: “May Allāh bless him and make his camels beneficial to
him.” This is related by an-Nasā`ie.
Ash-Shaf'i`ie
(rahimahullāh) says: “According to this hadith, the
leader may pray for the almsgiver upon receiving his payment by saying: 'May
Allāh reward you in turn of what you have offered, and May Allāh bless what you
still possess.' "
And
Allāh Almighty Knows best.
[Via Fiqh-us-Sunnah, Volume 3: ‘Zakāh in Islamic Jurisprudence’ by Sayyid
Sabiq]
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