ZAKAAT
Ref: Bahishti Zewar (Heavenly Ornaments) by Maulana Ashraf Ali Thanvi (1280-1362 AH)
ZAKAAT
Ref: Bahishti Zewar (Heavenly Ornaments) by Maulana Ashraf Ali
Thanvi (1280-1362 AH)
1. A particular place was in the control of the kuffaar. These kuffaar used to live there and lead their normal lives in that place. Thereafter, the Muslims invaded that place, waged war with the inhabitants, captured the place and propagated Islam therein. The Muslim ruler confiscated all the land of that place and distributed it among the Muslims. In the Shariah, such land is referred to as "ushri" land. If all the inhabitants of that place accepted Islam willingly and there was no need to wage a war against them, all the land of that place will still be regarded as ushri land. All Arab lands are also ushri lands.
2. If a person owns an ushri land which has come down to him from his forefathers or purchases it from a Muslim who inherited it from his forefathers, zakaat will be wajib on whatever produce that comes out of this land. The method of paying zakaat for such a land is that the person will have to see how the land was irrigated. If it was irrigated entirely by rain water or if the crops were planted on the banks of a river or stream and these crops grew without having to irrigate them, then one tenth of the total produce of such a plantation will have to be given as zakaat. However, if the plantation was irrigated through any other mechanical means, one twentieth of the total produce will have to be given as zakaat. The same rule applies to an orchard which is on such a land. This is irrespective of the amount of produce, i.e. zakaat will be wajib irrespective of whether the produce is of a considerable amount or very little.
3. The same rule applies to corn, vegetables, esculent vegetables, fruit, flowers, etc.
4. If honey is obtained from an ushri land, from the jungle or a mountain, zakaat on this honey will also be wajib.
5. A person planted a tree in his yard or planted vegetables or some other seed and later it bore some fruit. Zakaat on such produce is not wajib.
6. An ushri land does not remain ushri when it is purchased by a kaafir. Later, if a Muslim repurchases it or obtains it in some other way, it will not become an ushri land.
7. This one tenth and one twentieth which we have mentioned, is it wajib on the person who owns the land or on the person who owns the produce of the land? There is a difference of opinion among the ulama in this regard. In order to facilitate matters, we generally say that it is wajib on the person who owns the produce of the land. If the land is given out on lease, zakaat will be wajib on the person who owns the produce. This is irrespective of whether he pays the rent in cash or gives some produce of the land as a form of payment. But if the seeds were provided by the land owner, zakaat will be wajib on both the land owner and the person who owns the produce according to their respective shares.
1. The passing of one full year is a prerequisite for zakaat on all livestock.
2. Zakaat is fard on livestock. Livestock refers to the animal in which the following factors are found:
(a) It must graze freely for a major portion of the year. It must not be fed in its stable. If it spends half the year grazing freely and half the year in it's stable; it will not be regarded as livestock. Similarly, if hay or straw is brought to its stable and it feeds on that hay or straw, it will not be regarded as livestock irrespective of whether this hay or straw was purchased or not.
(b) It must be kept for its milk, for the purpose of pro-creation, or in order to fatten it. If it is not kept for any of these purposes, and instead, is kept for its meat or as a means of transportation, it will not be regarded as livestock.
3. The prerequisite for zakaat on livestock is that it must be a camel, bull, buffalo, goat, or sheep. The female of each is also included. Zakaat is not wajib on wild animals such as buck. However, if these wild animals are kept for the purpose of trade, then the zakaat of tradeable goods will be wajib on them as well. The animal that is born through copulation between a domestic animal and a wild animal will fall under the classification of its mother. That is, if the mother was a domestic animal, it will also be regarded as a domestic animal. But if the mother was a wild animal, it will also be regarded as such, e.g. if an animal is born from a buck and female goat, the animal will be classified as a goat. If an animal is born from a white antelope and a cow, the animal will be classified as a cow.
4. An animal which was from among one's livestock was sold during the course of the year with the intention of trade. Zakaat will not have to be given on that animal for that year. The year for that animal will be calculated from the time that the person intended to use it for the purpose of trade.
5. There is no zakaat on young animals which are alone. However, if one is in possession of older animals together with younger animals, zakaat will be obligatory on both young and old animals. Furthermore, the zakaat itself will be paid with the older and not the younger animals. However, if the older animals die after the expiry of one year, zakaat will be waived.
6. There is no zakaat on animals which have been made waqf for the sake of Allah.
7. Zakaat is wajib on horses which graze if both the male and the female of the species are together. One dinar per horse will have to be given. Alternatively, the value of all the horses should be calculated and one fortieth of the total be given as zakaat.
8. Zakaat is not wajib on donkeys and mules if they are not for trade.
It should be remembered that zakaat becomes fard on five camels. If a person possesses less than five camels, zakaat will not be fard. In order to understand the zakaat on camels easily, the following table should be consulted:
1. If the number of camels is more than 200, the same method of calculation as has been followed from 150 onwards should be continued.
2. If a person possesses camels and gives a camel as zakaat, then this camel which he is giving as zakaat will have to be a female camel. However, if a male camel is of the same value as that of a female camel, it will be permissible to give a male camel.
Bulls and buffaloes fall under the category of cattle. The nisaab for both is also the same. If the nisaab of cattle can be completed by adding both together, then both will have to be added and zakaat given accordingly. For example, if there are 20 bulls and 10 buffaloes, both will be added together thereby completing the nisaab of 30. However, when paying the zakaat, the animal that is more in number will have to be given. In other words, if there are more bulls, then bulls will have to be given. If there are more buffaloes, buffaloes will have to be given as zakaat. But if the buffaloes and bulls are equal in number, then the cheap animal of the category which is regarded as more valuable should be given or the expensive animal of the category which is regarded as less valuable should be given. The following table may be consulted for zakaat on cattle:
The Nisaab for Sheep and Goats
As regards zakaat for sheep and goats, the nisaab for both is the same. If the number of goats and the number of sheep reaches the nisaab individually, the zakaat of both will be given together and the number of sheep and goats will be added together and zakaat given of the total number. If the number of each does not reach the nisaab, even then both will be added together in order to complete the nisaab. The animal that is more in number will be given as zakaat. But if both are equal in number, one has the choice of giving whichever one wishes. The following table may be consulted for zakaat on sheep and goats:
Who is Entitled to Receive Zakaat
1. The person who possesses the nisaab of either gold or silver, or trade goods which equal the nisaab of either gold or silver is regarded as a rich person in the Shariah. It is not permissible to give zakaat money to him. Nor is it permissible for him to accept or consume zakaat money. Similarly, the person who has belongings which are not for the purposes of trade but are over and above his basic needs, is also considered to be a rich person. It is not permissible to give zakaat money to such a person as well. Furthermore, although he is regarded as a rich person, zakaat is not wajib on him.
2. The person who has very little wealth or has no wealth at all to the extent that he does not have sufficient food for one day is regarded as a poor person. It is permissible to give zakaat to such a person. It is also permissible for him to accept zakaat money.
3. Large utensils, expensive carpets, etc. which are very occasionally used in weddings and other functions are not regarded as necessary items.
4. The following things are regarded as necessities of life: a house to stay in, clothes that are worn, slaves for domestic purposes, and furniture that is in use. If a person possesses these things, he will not be regarded as a rich person irrespective of the value of these items. It is therefore permissible to give zakaat to such a person. In the same way, the books and other essentials of a learned person are also included among the necessities of life.
5. A person owns several properties from which he receives rent. The income of these properties is used to run his own home. Alternatively, a person possesses a few cows from which he receives a certain amount of income. Despite this, he has a very large number of dependents whereby he cannot live a comfortable life and always finds himself in difficulties. Nor does he have any wealth upon which zakaat could be wajib. It is therefore permissible to give zakaat to such a person as well.
6. A person has R1000 in cash with him. However, he is also in debt for an amount of over a thousand rands. It is permissible to give him zakaat as well. However, if his debt is less than R1000, then this amount that he is owing will be subtracted from the cash that he possesses. Thereafter we will have to see whether the balance that he has is more than the nisaab of zakaat or less than it. If the balance is more than the nisaab, zakaat cannot be given to him. But if it is less, then zakaat can be given to him.
7. A person may be a very rich person at home. However, while on a journey, all his money got stolen or exhausted in some other way to such an extent that he does not even have sufficient funds to reach his eventual destination. It will be permissible to give zakaat to such a person. Similarly, a person who is travelling for hajj and who may be a rich person can also be given zakaat money if all his money gets spent.
8. Zakaat cannot be given to a kaafir. It will have to be given to a Muslim. All forms of charity can be given to a kaafir except the following: zakaat, ushr, sadaqatul fitr, nazr, and kaffarah.
9. Zakaat funds cannot be used for the building of a musjid, for the shrouding and burial of a deceased person, for the payment of debts on behalf of a deceased person, or for any other noble purpose. As long as zakaat is not given to the rightful person, it will not be considered to be fulfilled.
10. Zakaat cannot be given to one's ascendents. That is, to one's parents, maternal and paternal grand-parents and even great grand-parents. In the same way, zakaat cannot be given to one's descendants. That is, to one's children, grand-children, great grand-children, etc. In the same way, the husband and wife cannot give zakaat to each other.
11. Apart from the above mentioned, it is permissible to give zakaat to all other relatives such as one's brothers, sisters, nephews, nieces, maternal and paternal uncles and aunts, step father or step mother, step grandfather, father-in-law, mother-in-law, etc.
12. It is not permissible to give zakaat to immature children if their father is rich. If the children are mature and poor, but their father is rich, it will be permissible to give zakaat to them.
13. If the father of an immature child is not rich but the mother is, it will be permissible to give zakaat to that child.
14. It is not permissible to give zakaat to the progeny of Hadrat Faatimah radiallahu anha, the progeny of Hadrat Ali radiallahu anhu, Hadrat Abbas radiallahu anhu, Hadrat Ja'far radiallahu anhu, Hadrat Aqeel radiallahu anhu, Hadrat Haarith bin Abdul Muttalib radiallahu anhu. Similarly, the charities which have been made wajib by the Shariah cannot be given to the progeny of the above Sahabah. Such charities are, nazr, kaffarah, ushr, sadaqatul fitr. Apart from these, all other charities can be given to them.
15. It is permissible to give zakaat to one's Muslim servants, workers, employees, etc. However, this zakaat should not be included in their wages or salaries. Instead, it should be given separately as a gift. At the time of giving this gift to them, one should have the intention in his heart that he is giving zakaat.
16. It is permissible to give zakaat to one's foster mother and foster children.
17. The mahr of a woman was fixed at R1000. However, the husband cannot fulfil this due to poverty. It will be permissible to give zakaat to such a woman. It will also be permissible to give zakaat to her if her husband is rich but refuses to give, or if she has absolved him from giving the mahr. If the woman knows that if she had to ask her husband for her mahr, he will give it to her without hesitation, it will not be permissible to give zakaat to her.
18. A person gave zakaat to another person thinking that he is poor. Later, he learnt that this person was rich or he was a sayyid. Alternatively, he gave it to someone on a dark night and later realized that the person to whom he had given the zakaat was actually his mother or daughter, or any other relative to whom zakaat is not permissible. In all these cases, zakaat will be considered to be fulfilled and there will be no need to repeat the payment of zakaat. However, if the person to whom the zakaat was given learns that this was actually zakaat money and that he is not eligible to receive zakaat, he should return the zakaat money. If the person who gave the zakaat learns that the person to whom he had given the zakaat was actually a kaafir, he will have to give zakaat again.
19. A person has a doubt as to whether a certain person is rich or poor. Zakaat should not be given to him until it has been ascertained whether he is eligible to receive zakaat or not. If zakaat is given to him without ascertaining his financial position, the person should check with his heart and see to which side his heart is more inclined. If his heart tells him that the person is poor, zakaat will be fulfilled. If his heart tells him that the person is rich, zakaat will not be fulfilled and will therefore have to be repeated. But if he establishes the fact that he is indeed a poor person after having given the zakaat to him, then he does not have to give the zakaat again.
20. At the time of giving zakaat and all other forms of charity, one should first take one's relatives into consideration. However, when giving them this zakaat, they should not be told that it is zakaat so that they do not feel offended. It is mentioned in the Hadith that by giving charity to one's relatives one receives a double reward - one reward for giving charity, and one for showing kindness to one's relatives. After giving the relatives, if there is any remainder, it should be given to outsiders.
21. It is makruh to send the zakaat of one place to another place. However, it will not be makruh to do so in the following instances: (1) if one's poor relatives live at another place, (2) the inhabitants of that place are more deserving than the inhabitants of this place, (3) the inhabitants of that place are more involved in deeni activities. There is great reward in sending zakaat to students of deen and pious ulama.
Zakāt and Charity (part six a page 9)
1. As far as possible, give zakāt to those who do not go around begging - who remain in their homes out of self-respect and self-honour.
2. Do not be ashamed of giving very little in charity. Give whatever you are able to irrespective of the amount.
3. Do not think: "What is the need of giving zakāt or charity?" Whenever the occasion arises, make a resolution and give in charity.
4. By giving charity to your relatives, you receive a double reward - one for giving in charity, and another for being kind and considerate toward your relatives.
5. Always bear in mind your poor neighbours.
6. Do not spend too much in charity from your husband's wealth to the extent that he is displeased.