SPECIAL INJUNCTIONS FOR 'ZAKAT'

Brethren-in-Islam !

In my last address I have described before you the general injunctions regarding Infaq Fi Sabilillah (i.e. spending in the cause of Allah). Now I describe the details of the second part of this injunction which relates to Zakat, an ' Ibadat which has been made obligatory.

Three Injunctions about 'Zakat'

Allah has set forth in the Holy Qur'an three injunctions about Zakat separately at three places :

1.It is said in ' Al-Baqarah '

" Spend in the cause of Allah of the good things which you have earned and of that which We bring forth from the earth for you ".

(Al-Qur'an 2 : 267)

2.In Surah ' Al-An'am ' it is said :

We have produced from the earth for you gardens and crops therefore :

" Eat ye of the fruit thereof when it fruiteth and pay the due of Allah thereupon the harvest day."

(Al-Qur'an 6:142)

Both these verses relate to the produce of the earth and the Hanafi jurists say that except for self-grown produce like wood, grass and bamboo, Allah's due must be set apart from all the rest of varieties such as crops, vegetables and fruits. It is said in Hadith that in the produce grown by rain Allah's due is one-tenth, and in the irrigated crops it is one-twentieth, and this due becomes incumbent as soon as harvest is done.

3.After this it is said in Surah ' Al-Taubah ' :

" They who hoard up gold and silver and spend it not in the cause of Allah, give tidings to them of a painful doom. On the day when all their gold and silver will be heated in fire and their foreheads and their flanks and their backs will be branded therewith and it will be said to them : Here is that which you hoarded for yourselves. Now taste of what you used to hoard."

(Al-Qur'an 9:34-35)

Then it is said:

" The alms (i.e. Zakat) are imposed as a duty by Allah for the poor and the needy and those who collect them, and those whose hearts are to be reconciled, and to free the captives and the debtors, and for the cause of Allah and for the wayfarers. Allah is Knower and Wise."

(Al-Qur'an 9 : 60)

After this it is said: " Take alms of their wealth and make them pure and clean."

(Al-Qur'an 9:103)

It is learnt from these three verses that if a portion of the wealth that is gathered and increased is not spent in the cause of Allah, that wealth becomes impure. The only method of purifying it is to take out of it Allah's due and give it over to His slaves.

It is stated in a Hadith that when the warning of retribution to the hoarders of gold and silver was received, Muslims became greatly perturbed because it had come to mean that not a dirham be retained, and everything must be spent. Finally, Hadrat 'Umar (may God be pleased with him) called to him the anxiety of the people. The Prophet (may peace and blessings of Allah be upon him) said:

" Allah has made Zakat obligatory on you for this very reason that the remaining wealth of yours may become pure for you."

A similar tradition is narrated from Hadrat Abu Sa'id al Khudri (may Allah be pleased with him) that the Holy Prophet (may peace be upon him) told him:

" When you have taken out Zakat from your wealth, then the due which was incumbent on you has been paid off."

In the verses quoted above there are injunctions about the Zakat of produce from earth and gold and silver, but it is learnt from Ahadith that Zakat is also due on merchandise, camels, cows and goats.

'Nisab' (Minimum Scale) of 'Zakat' on some articles

Silver : 200 dirhams or 52.1/2 tolas.

Gold : 7.1/2 tolas(3ozs).

Camel : 5 camels.

Goat : 40 goats .

Cow : 30 cows.

Merchandise : Equal to the price of 52.1/2 tolas of silver.(21ozs).

Whosever has the above in possession for a period of one year, it is incumbent on him to take out from it fortieth part of Zakat. About silver and gold, the Hanafis say that if these two do not come up to the required standard (nisab) separately but if their combined price is equal to the scale fixed for any one of the items, then the payment of Zakat will become obligatory.

Zakat on jewellery

If gold and silver are in the form of jewellery then according to Hadrat 'Umar and Hadrat Ibn Mas'ud, Zakat on it is compulsory and Imam Abu Hanifa has accepted this verdict. It is said in a Hadith that once the Holy Prophet (peace and blessings of Allah be upon him) saw golden bracelets on the arms of two women and he asked them: " Do you give Zakat?"

One of them said: "No".

The Holy Prophet said: " Would you like that you are made to wear in their place bracelets of fire on Doomsday".

Similarly, it is narrated from Hadrat Umm-e-Salama that she had golden anklets and she asked the Holy Prophet if it fell under the category of Kanz (the hoarded wealth, condemned by Allah and his Prophet).

The Prophet replied: " If the quantity of gold in it is such as comes under Nisab, and Zakat has been given on it, then it is not Kanz.

It is learnt from these two Ahadith that if gold and silver are in the shape of ornaments, even then Zakat is compulsory on them in the same way as it is obligatory in the case of cash. On jewels and gems, however, Zakat is not due.

THOSE DESERVING OF 'ZAKAT'

There are eight categories of people who have been described in the Holy Qur'an as entitled to receive Zakat. Their details are :-

1."Fuqara" (the destitutes)

These are those people who do have some money but not sufficient to meet their needs. They live in straitened circumstances and do not beg from anybody. This definition has been given by Imam Zuhri, Imam Abu Hanifa, Ibne 'Abbas, Hasan Basri, other eminent scholars of the past.

2." Masakin" (The poor)

These are the very miserable people who have nothing with them to fulfil the needs of their body. Hadrat 'Umar had also included those among the needy who are fit to earn but do not get employment.

3.'Amilin alaiha' (Those who are deputed to collect Zakat)

These are the people who are appointed by an Islamic government to collect Zakat. They are to be paid from Zakat fund.

4."Muallafat-ul-qulub" (Those whose hearts are to be reconciled)

From this are meant those people whom it may be necessary to give money to seek support of Islam or to prevent them from opposing Islam. With them are also included those Muslim converts who need to be satisfied. If a person by leaving his community of unbelievers and then joining the ranks of Muslims becomes unemployed or recorded destitute, it is, of course, incumbent on Muslims to help him but if he is a wealthy person even then Zakat can be given to him so that his heart becomes firm in Islam. On the occasion of the war of Hunain, the Holy Prophet (peace be on him) gave from the booty a lot of material to Muslim converts so much so that for each person the share amounted to a hundred camels. The Ansars complained against it on which the Holy Prophet said: " These people have just now entered Islam after giving up Kufr. I want to please their hearts." On this very basis, Imam Zuhri has thus defined in Muallafat-ul-Qulub: " Any Christian or Jew or non-Muslim who has entered Islam, though he may be a wealthy man."

5." Fir-riqab "(For the emancipation of slaves)

This means that a person who wants to free himself from the shackless of slavery should be given Zakat so that he may release his neck from bondage by giving money to his master. In these days the system of slavery is non-existent. Therefore I think that those people, who are undergoing imprisonment for their inability to pay the fine imposed by courts, can be helped to secure release with the money of Zakat. This also falls under the definition of Fir-riqab.

6. "Al-Gharimin" (For relieving one from the burden of debt)

This means those people who are in debt. It does not mean that Zakat can be given to a person who has a thousand rupees with him and has to pay a debt of one hundred rupees, but it means that Zakat can be given to that person who is indebted so much that after paying off the loan what remains with him falls below the figure on which Zakat is legible. The learned jurists have also said that it is not advisable to give Zakat to a person who has fallen in debt due to extravagance and illicit habits, because in such a case he will indulge in prodigality and illicit pursuits with greater temerity, being confident of receiving Zakat to clear off his debt.

7."Fi-Sabilillah" (In the cause of Allah)

This is a common word used in relation to all good deeds but, in particular, it means rendering help to an endeavour on to raise aloft the banner of God's religion. The Holy Prophet (peace and blessings of Allah be upon him) said that it is not permissible for any wealthy person to take Zakat but if a wealthy person requires help for the sake of Jihad, he must be given Zakat because a man may be wealthy by himself he is unable to defray from his own pocket all the extraordinary expenses entailed in Jihad. It is necessary to help him in this work from Zakat.

8.Ibn-us-Sabil(Wayfarer)

A wayfarer may have any amount of money in his home but if he is in need of money while travelling, he must be given Zakat.

TO WHOM 'ZAKAT' BE GIVEN AND TO WHOM NOT

Now the question remains that among the eight groups mentioned above who should be given Zakat and in what circumstances, and who should not be given in a certain case. I state some details before you about this matter also.

  1. Nobody can give Zakat to his father or son. Also the husband cannot give Zakat to his wife nor the wife to her husband. The jurists agree on this point. Some of them say that those near relations should not be given Zakat whose sustenance is compulsory on you, or those who are your heir according to Shari’at but distant relatives are entitled to it, in fact more entitled than others. But Imam Auza'i says: " Do not go about searching your own relatives after taking out Zakat."

  2. Only a Muslim is entitled to receive Zakat. Non-Muslims have no such right. The definition of Zakat as given in a Hadith, is :" It will be taken from the wealthy among you and distributed to the poor among you." However, a non-Muslim can be given a share from general charity. In fact, it is not good to discriminate, while giving general charity, between a Muslim and a non-Muslim. The latter should never be deprived of help because he is not a Muslim.

  3. Imam Abu Hanifa, Imam Abu Yusuf and Imam Muhammad say that the Zakat of every locality should be spent on the poor inhabitants of that very locality. It is not good to send Zakat from one locality to another unless there is none in the former place entitled to receive it, or if any calamity such as flood, famine etc. has befallen in another locality necessitating rushing of help from far and near places. Almost the same opinion is held by Imam Malik and Imam Sufyan Thauri. but this does not mean that it is illegal to send Zakat from one place to another.

  4. Some elder scholars think that Zakat should not be accepted by a person who has enough provision for two meals. Some others opine that a person who possesses ten rupees and according to others, a person who possesses twelve and half rupees, should not accept Zakat. But Imam Abu Hanifa and his followers are of the opinion that whosoever has less than fifty rupees with him can accept Zakat. This excludes possession of houses, household assets, horses and servants. That is to say, if, while possessing all these things, he has less than fifty rupees with him, he is entitled to receive Zakat. In this matter, law is one thing and a preferable principle is another thing. There is a difference between the two. The preferable principle is this that the Holy Prophet said that if a person who has enough material for the meals of morning and evening would extend his hand to ask for charity, he would collect fire for himself. In a second Hadith, the Prophet is reported as saying : " I would like a person to cut wood from a tree and feed himself from its proceed instead of going about begging." In a third Hadith, it is said that a person who has got something to eat or is strong enough to earn his livelihood must not accept Zakat. But this is a lesson in magnanimity. As for law, it is necessary here to explains to what final limit a man is entitled to receive Zakat. This information is found in other Ahadith. For instance, the Holy Prophet (peace and blessing of Allah be upon him) said: " It is the right of the beggar though he may have come to you on horseback". A person asked the Holy Prophet: " I have ten coins with me. Am I poor?" Prophet replied: "Yes" . Once two persons called on the Holy Prophet and asked to Zakat. The Holy Prophet raised his eyes and observed them carefully. Then he said: " If you want to take it I shall give you. But in this wealth there is no share for the rich and for the able-bodied who can earn". It is clear from all these Ahadith that whoever possesses money below the scale fixed for Zakat, he falls in the category of beggars and as such can be given Zakat, it is a different matter that the right to take Zakat actually belongs to those who are really in need.

Need for collective system of 'Zakat'

I have stated the essential injunctions about Zakat, but with all this there is one important and necessary thing to which I want to draw your attention, and which Muslims have forgotten these days. It is this that in Islam all works are done on a party organisation basis. Islam does not like individualism. If you are staying far from the mosque and say your Salah alone, it will be formally correct but Shari’at demands that it should be offered with the congregation. Similarly, if there is no party organisation, it will be correct to take out Zakat and spend it on an individual basis. But efforts should in any case be made to centralize the collection of Zakat in order that its distribution be conducted in a systematic manner. A reference is made to this need in the Holy Qur'an. For instance : " Take alms of their wealth and make them pure and clean." (Al-Qur'an 9:103) i.e., Allah ordered the holy Prophet: to collect Zakat from Muslims. It was not commanded to Muslims to take out Zakat and distribute it individually. Similarly, the fixing of a share in it for the collectors of Zakat clearly indicates that the right method for it is that the Imam of Muslims should receive it regularly and distribute it systematically. Similarly, the Holy Prophet (peace be upon him) said: " I have been commanded to collect Zakat from the rich among you and distribute it to the poor among you." The Holy Prophet (peace be upon him) and the Caliphs (may Allah be pleased with him) worked according to this very system. All Zakat used to be collected by the officials of the Islamic government and it was distributed from the centre. Since there is no arrangement to collect Zakat and distribute it in a systematic manner, you can individually take out your Zakat and spend it under the heads sanctioned by the Shar'at. But it is incumbent on all Muslims to think out methods of establishing a collective system for receiving and distributing Zakat because without it the benefits accruing from making Zakat obligatory remain incomplete.