17th Safar 1444AH
Assalamu alaykum warahmatullah wabarakaatuh!
Introduction
O servants of Allah! Let not the fear of poverty make you refrain from giving the Zakat. Giving Zakat will not diminish your wealth. It serves as expiation for sins and yields rewards in the next life. Allah says: “For those who give in charity, men and women, and loan to Allah a Beautiful Loan, it shall be increased manifold (to their credit), and they shall have (besides) a generous reward.”(Q57:18).
The Noble Prophet (SAW) said: “To give something to a poor man brings one reward, while giving the same to a needy relation brings two: one for charity and the other for respecting the family ties” (Ahmad and Tirmidhi). So when you choose to give out your Zakah, seek out the poor among your relations first.
O servants of Allah! According to the Prophet (SAW), Charity is “to place a thing in the palm of Allah.” And Allah confirmed this when He said: “Know they not that Allah accepts repentance from His slaves and takes the sadaqat (alms, charities) …?” Therefore, present your Zakah in good form from the best of your earnings and be happy to give it out knowing well that Allah is the recipient.
O servants of Allah! “By no means shall you attain righteousness (that will lead you to Jannah) unless you spend (in Allah’s cause) that which you love and whatever of good you spend, Allah knows it.” [Q3:92]. And it is known that man loves wealth; so, do not be miserly as to fall into the category of those “who assign to Allah what they dislike (for themselves) …” (Q16:62).
Who Should Give Zakah?
Zakah is one of the five pillars of Islam the preconditions of its obligation are Islam, Freedom, Nisab, Ownership, A year for other than treasure-trove and tenths and lack of debt in money.
Islam – It is only those who profess Islam (i.e., a Muslim) that is mandated to pay Zakah whether male or female, young or old, alive or dead and sane or insane. The obligation of Zakah is mandatory on every Muslim who possesses the minimum Nisab, whether the person is man, woman, young, old, sane or insane. This is so because the proof of Zakah in the Qur`an and Sunnah is general and does not exclude young or insane. Allah (SWT) stated that: “Of their goods take alms so that thou mightiest purify and sanctify them…” (Q9:103).
a. As for the dead Muslim who is owing Zakah, the amount of Zakah on his property is a first charge (as a debt owed to Allah) before the distribution of his estate.
b. In respect of the infant who inherits from parents and acquired assets that are zakatable, the Prophet (SAW) said: “As for the guardian of an orphan who has wealth, let him do business with it and not leave it (idle) until it becomes consumed by charity” (Tirmidhi). Upon this hadith was the report by Qasim bin Muhammad that: “A’ishah (RA) reared me and my brother, both of us were orphans under her care and she used to pay Zakah from our property” (Muwatta Ma’ Zarqani).
c. The mentally challenged is like the orphan child with respect to Zakah. The manager of his estate should make the payment on his behalf if his property is zakatable.
d. The point of reference in these reports is that the Messenger (SAW) urged the trustee on the estate of people who, due to age or other reasons, cannot manage their own financial affairs, to invest it in a business that will yield a return and make it grow until they (the trust owners) are in a position to do so themselves. For, if proper investment is not made with an orphan’s inheritance, it will be depleted by charity (as it is mandatory to take out the Zakah from the property every year if it reaches the Nisab), thus leaving the orphan with little or nothing.
e. The requirement of those who have not accepted Islam but reside in Muslim lands is a simple tax, or jizya, identified by the government. Zakah is not due on them.
Freedom – Zakah has not been made compulsory upon those enslaved or incarcerated; conversely, those in this situation are advised, firstly, to utilize their wealth, if they have any, to obtain their emancipation. From this perspective, slaves historically were not compelled with zakah, owing to their lack of physical freedom and their financial constraints.
Nisab – This is the minimum amount of wealth that is subject to Zakah obligation. Anyone who does not have this minimum amount as net worth is not zakatable.
Allah has prescribed the minimum amount that is obligatory for Zakah in different ranges of properties, and that minimum amount is known as nisab. The reason for nisab (which is similar to the practice in Taxation to set minimum earnings that will not be taxed) is to ensure that no one is forced to give Zakah out of what he or she does not have, and that no wealth goes without Zakah.
Nisab is also an insurance against the tyranny of the State to tax the poor and or the indigent as is the case in many countries. Nisab is a reference point for the average Muslim who is not sure whether he possesses the minimum wealth on which Zakat is obligatory. The wealthy need not worry about the Nisab. Zakah is obligatory on their entire wealth and must be paid out at the end of the financial year that they set for their Zakah.
The Nisab will not be valid unless it fulfills two conditions:
1) The amount that has reached Nisab must be the excess or surplus known as “faadil” from one’s essential needs such as food, clothing, housing, vehicles, tools and machinery that are used in business. The essentials for living are exempted from Zakah.
Although what constitutes nisab may change from one country to another, the amount that is needed for the basic needs of living in different countries is very similar, because the market place determines the prices, whether it is an official market or a non-official market. In the poorest countries people do without or live below the poverty standard, and that is why many go hungry or without basic essentials.
2) Nisab must mature, that is, the money is not liable for Zakah unless it has remained a full year in the possession of a person. This is the understanding of the majority of the scholars. Imam Abu Hanifah (RA) said: “What should be considered is the existence of nisab at the beginning and the end of the Zakah year set by the payer”. It does not matter if the nisab money increases or decreases during the calendar year.
This condition does not include farm produce, for it is due on the day it is harvested. Allah (SWT) stated: “… But render the dues that are proper on the day that the harvest is gathered…” (Q 6:141). According to Imam Al-`Abadi (RA) Zakah money is of two kinds: one that by its nature cannot be invested and Zakah of this category is due on the day of harvest. This includes all the farm produce that is liable for Zakah. The other is wealth that can be invested in the hope of a good return, like cash, gold or silver, because the opportunity is there that cash in one’s hand can be invested for a good return. This includes currency investment, merchandise and livestock. Their Zakah is not due until they have matured in one full year.
The proof of this condition is the Hadith related by Ibn Umar (RA) that the Messenger of Allah (SAW) said: “He who acquires property is not liable for Zakah on it till a year passes.” According to Ibn Rushd (RA), this is the understanding of the majority of scholars, including the four rightly guided Khalifahs.
Ownership – In tune with the Islamic principle of ease Allah does not demand of those obliged to perform their duties of zakah to pay zakah on the wealth they are yet to possess, a demand that would undoubtedly inflict people with financial hardship. Wealth is generally obtained by virtue of legitimate methods like earnings, inheritance, mutual agreements, donations, and so forth; hence, a person can freely dispose of and orchestrate his wealth, and take full responsibility in doing so. This, in turn, verifies the full ownership of wealth and therefore, within this framework, whichever method may be used in attaining this wealth, the owner meeting the requirements of full ownership must unavoidably pay its zakah.
Lack of Debt in Money – Falling into debt, in normal circumstances, is something a Muslim should avoid, as it may involve entering the domain of subverting another’s personal rights. As the time and place of death of any one of us is unknown, the attitude of a wise Muslim would be to avoid, if possible, going into debt in the first place, as the hadith makes clear that dying while in debt can incur a difficulty for the community and a serious burden on our souls.
As in all matters of Islam, Allah has never burdened man with obligations that exceed his capacity as He (SWT) incessantly promulgated what is easy. This principle of ease is also valid for zakah. Even though a person in debt may possess wealth which surpasses the Nisab, he is first advised to resolve his debts, and thus excused from zakah obligation. People who find themselves in this position are, in fact, eligible to receive zakah as per surah Tawbah Q9 verse 60.
These conditions should guide the individual in assessing their Zakatability while we, insha Allah, discuss the different types of wealth subject to Zakah and other issues related thereto.
Wassalamun alaykum warahmatullah!
Suleiman Zubair
