Zakah
Rules and verdicts on Zakah, obligatory almsgiving, in the Shafi’i school
Paying Zakah to One's Stepmother
Question: Can I pay zakah to my stepmother (father’s second wife)?
County: United States
Answer:
Wa alaykum salam wa rahmatuLlah,
One may give zakah to his stepmother so long as she meets the requirements that make one eligible to receive zakah. (Hashiyah Qalyubi/Umayrah v. 2, p. 195; Mughni al-Muhtaj v. 3, p. 106)
And Allah knows best.
Shafiifiqh.com Fatwa Dept.
Read MoreThe Wife Paying Her Own Zakat al-Fitr?
Question:
Can my wife pay zakatul fitr while I am also paying since she can afford and willing to pay?
Country: Lagos
Answer:
Wa alaykum salam wa rahmatuLlahi wa barakatuHu,
If a woman pays her own zakat al-fitr, while her husband is capable to pay it, then it suffices. (Rawdat al-Talibin v. 2, p. 155-56)
And Allah knows best.
Shafiifiqh.com Fatwa Dept.
Read MorePaying Zakat al-Fitr for the Divorced Wife
Question:
As salamu alaykum,
In the waiting period, does the ex-husband have to pay his divorced wife’s zakat al-fitr?
Answer:
Wa alaykum salam wa rahmatuLlahi wa barakatuHu,
During the waiting period of a revocable divorce, he must pay it. If irrevocable and she is pregnant, then he must pay it. If irrevocable and she is not pregnant, then he does not have to pay it. (Rawdat al-Talibin 2/295)
And Allah knows best.
Shafiifiqh.com Fatwa Dept.
Read MoreZakat on Camels
Question:
As-salamu ‘alaykum,
My in-laws have a history of herding livestock in Arabia, camels included. Could you please outline the Shafi’i schools position on the zakat of camels? Also, with charts/tables if that isn’t too much to ask. Jazakum Allahu khayran.
Answer:
Zakat on animals is restricted to livestock, meaning camels, cattle, sheep, and goats. Imam al-Nawawi stated in Minhaj al-Talibin,
إنما تجب منه في النعم وهي الإبل والبقر والغنم
“Zakat is only obligatory on livestock. And livestock is camels, cattle, sheep and goats.” (Minhaj al-Talibin, pg. 26)
The conditions for the obligation of zakat on livestock (in brief)
Four conditions must be found for zakat on livestock to be obligatory:
- The livestock must reach the zakat-payable amount (ar: nisab).
- One full year must elapse on the nisab (ar: haul).
- The livestock must be free grazing.
- They are not work animals
(al-Yaqut al-Nafis, pg. 61)
What is given as zakat:
| Type: | Name: | Description: |
| a | Shah | A one year old sheep in its second year or a two year old goat in its third year. |
| b | bint makhad | A one year old she-camel in its second year |
| c | ibn labun | A two year old male camel in its third year |
| d | bint labun | A two year old she-camel in its third year |
| e | Hiqqah | A three year old she-camel in its fourth year |
| f | jaz’ah | A four year old she-camel in its fifth year |
What is meant by shah, is a sheep or goat; it is valid to choose either of the two, according to the soundest view [ar: al-asahh]. (Nihayat al-Muhtaj, 3/47). Similarly, it is valid to give a male or female, since the name shah can apply to both. This is as Bafadl mentioned in al-Muqaddimat al-Hadramiyyah,
شاة جذعة أو جذع ضأن له سنة أو ثنية معز أو ثني له سنتان
“A female or male yearling sheep, or a female or male 2 year old goat.”
The conditions of a shah are:
a: that it either be a sheep or goat of the land, equal or more in value.
b. that it be healthy and free from defects. (Bushra al-Karim, 2/481)
Regarding the second condition, Imam al-Nawawi mentioned in Rawdhat al-Talibin,
فرع: الشاة الواجبة في الإبل يشترط كونها صحيحة وإن كانت الإبل مراضا لأنها في الذمة ثم فيها وجهان أحدهما وبه قطع كثيرون وهو قول ابن خيران: يؤخذ من المراض صحيحة تليق بها
“Far’: It is a necessary condition of the obligatory shah that it be healthy, even if the camels are ill since the shah is a financial obligation.”
There are two views regarding this:
- One takes a healthy shah that befits the ill camels. This is the view of Ibn Khayran and was adopted by the majority.
- One gives a healthy shah as one normal would had the camels been healthy.
An example of the first view is as follows:
One has 5 ill camels valued at 50 dirhams, though had they been healthy their value would be 100 and the typical value of the shah one intends to distribute is 6 dirhams. In this instance, one has to distribute one healthy shah valued at 3 dirhams. (Rawdhat al-Talibin, Pg. 246)
The obligation’s conditions (in detail):
1. The nisab
The first condition is that the livestock must reach the nisab:
Imam al-Nawawi mentioned in Minhaj al-Talibin,
“No zakat is due on camels until they reach 5, upon which 1 shah is due. On 10 camels- 2 shahs, on 15 camels-3 shahs, on 20 camels-4 shahs, on 25 camels-1 bint makhad, on 36 camels-1 bint labun, on 46 camels-1 hiqqah, on 61 camels-1 jaz’ah, on 76 camels-2 bint labun, on 91 camels-2 hiqqahs, on 121 camels-3 bint labun and then 1 bint labun for every 40 and one hiqqah for every 50.” (Minhaj al-Talibin, pg.26)
A table illustrating the nisab of camels:
| Nisab | The obligatory amount to pay |
| 5 | 1 from type (a) |
| 10 | 2 from type (a) |
| 15 | 3 from type (a) |
| 20 | 4 from type (a) |
| 25 | 1from type (b) or 1 from (c ) if (b) is unavailable |
| 36 | 1 from type (d) |
| 46 | 1 from type (e) |
| 61 | 1 from type (f) |
| 76 | 2 from type (d) |
| 91 | 2 from type (e) |
| 121 | 3 from type (d) |
Issues pertaining to the nisab;
- the zakat on 25 camels is 1 bint makhad though if a bint makhad is unavailable, such as when one does not possess it at the time of distributing zakat, one gives 1 ibn labun. (Mahalli ‘ala al-Minhaj w/Qalyubi. 2/6) It is also valid to give a male camel in its fourth year (ar: hiqqun), since a hiqqun is better than an ibn labun ( Nihayat al-Muhtaj, 3/49, Taqrirat al-Sadidah, pg. 401)
- When unable to distribute the type of camel that is due, one does the following:
1) (su’ud)- give a camel greater in value than what is due and take 2 shahs or 20 dirhams from the agent in charge of zakat.
2) (nuzul)-give a camel lesser in value and make up the deficiency by giving 2 shahs or 20 dirhams.
The owner has a choice between su’ud and nuzul and the both the owner and zakat agent have a right to choose between paying 2 shahs or 20 dirhams. (al-Taqrirat al-Sadidah, pg. 400)
* 20 dirhams equal roughly 6.8 grams of silver.
A practical example of the above:
Zaid has 36 camels but does not possess a bint labun, he can either give a hiqqah (su’ud) and take 2 shahs or 20 dirhams or give a bint makhad (nuzul) and pay 2 shahs or 20 dirhams.
- Numbers (O: of camels, cattle, or sheep) which are between zakat quantities (N: I.e. which number more than the last relevant zakat quantity but do not amount to the next highest one) are not counted, and no zakat is due on them. (Reliance of the Traveller, 252)
2. The Haul
The second condition is that one full year passes on the nisab:
Imam al-Nawawi says,
ولوجوب زكاة الماشية شرطان: مضى الحول في ملكه
“Two conditions (in addition to conditions 1 & 4) must be found in order for zakat to be obligatory on livestock: (the first:) that one year pass while the nisab is under one’s ownership.” (Minhaj al-Talibin, pg 27)
If one’s ownership ceases during the haul, then that zakat-year is interrupted. (Rawdhat al-Talibin, pg 260)
There is one exception to the condition of haul and that is the offspring of the nisab. Al-Nawawi says,
لكن ما نتج من نصاب يزكى بحوله
“However, offspring of the nisab are counted for the zakat of the year (their mothers are currently in).” (Minhaj al-Talibin, pg 27, Reliance of the Traveler, pg 252)
Two preconditions must exist in order for the offspring to be included:
- That the offspring be born before the end of the zakat year even if only a moment before. When the offspring be born after the haul or before it, but did not fully exit the mother until after the haul, it will be counted for the zakat of the following year.
- The offspring are born after their mothers reach the nisab. When one owned less than the nisab and the mothers gave birth, and then reached the nisab, the haul will begin from when the nisab was reached.
When both of these conditions are found, and all or some of the mothers die, and the offspring reach the nisab, then the offspring are counted with the haul of their mothers. (Rawdhat al-Talibin, pg 258, Nihayat al-Muhtaj, 3/64)
3 free grazing
The third condition is that the livestock be free grazing (ar: sa’imah):
Imam al-Nawawi continues;
وكونها سائمة
“And (the second condition) is that the livestock be free grazing.”
Grazing means they have been grazed on open range pasturage (O: open range excluding pasturage growing on land that a person owns (A: as it would then be considered fodder). (Reliance of the Traveler, pg.220)
It is a necessary condition that the owner of the livestock or his agent allows the livestock to graze freely. When the livestock graze on their own, or someone other than the owner allows them to freely graze, zakat will not be binding. (Bushra al-Karim, 2/489-490)
The fuqaha differed over livestock grazed in owned pasturage, are such livestock considered free grazers or stall-fed. al-’Imrani, in al-Bayan, relates two views:
- such livestock are considered free-grazing
- they are considered stall-fed
The sounder of the two views is that they are free-grazing, meaning that zakat would indeed be obligatory. al-Nawawi holds this view to be sound in Rawdhah as does al-Rafi’i in al-Muharrar. al-Qaffal gave fatwa upon this position and Ibn al-Muqri held it be correct. This is the relied upon position according to al-Khatib and al-Ramli. Al-Bulqini and Sheikh al-Islam in Asna al-Mutalib opted for the second view, a view that he student Ibn Hajar seemed to have upheld and a view that Qalyubi preferred. (Nihayat al-Muhtaj, 3/67, Mughni al-Muhtaj,1/563, Bushra al-Karim, 2/489, Rawdhat al-Talibin, pg.262, , 2/129, Hashiyah Qalyubi, 2/2)
If the livestock are stall-fed for most of the zakat-year then no zakat will be due. However, if they are stall-fed for less than that one must consider: when they are stall-fed for a duration in which they could have survived without incurring a manifest harm had they not be stall-fed, then zakat will be due otherwise it will not. (Minhaj al-Talibin, pg. 27)
Sheikh Nuh Keller says that it is religiously more precautionary and of greater benefit to the poor to follow Imam Malik on this issue, as Malik holds that zakat is obligatory whenever one possesses the nisab for one year whether or not the animals are work animals or have been grazed on open pasturage. (Reliance of the traveller, pg.250)
4. Non-work animals
The fourth and final condition is that the livestock not be work animals:
BaFadl says in al-Muqaddimat al-Hadramiyyah ,
وأن لا تكون عاملة في حرث ونحوه
“And that the livestock not be work animals used for ploughing and the like (such as riding and transport).”
This is the sounder of two views in our school which the majority of ‘Iraqi companions preferred (see Rawdhat al-Talibin, pg.262)
Allah Ta ‘Ala knows best
Answered by: Sidi Mahmud Adams
Read MoreMay a Wakil Delay in Paying Zakah?
Question:
Is it permissible to profit from zakat? For example, a person is a wakeel and is given zakat for disbursement but rather than distributing immediately, he invests the money and receives a gain on the money and distributes the original money at a deferred date.
Answer:
Wa alaykum salam wa rahmatuLlahi wa barakatuHu,
All praise is to Allah, Lord of the Worlds. And, prayers and salutations are on the Prophet Muhammad.
When the conditions for paying zakah are fulfilled, and the one who must pay it delays, this has two repercussions: 1) it is a sin and 2) one is liable for it.
1) One is sinning as he is delaying an obligation past its time. This is oppressing the recipients by withholding from them what is their right.
2) One is liable for the owed zakah; it is obligatory to pay it. If any or all of it is destroyed or lost, then it is a debt that one is held liable for. Accordingly, if one dies in this state, the obligation of the zakah/debt remains. In fact, it is obligatory that it be paid out of the wealth left behind, similar to other debts.
Both of these repercussions apply to a wakil appointed to distribute zakah. If monies, etc., are given to a wakil to distribute, and qualifying recipients are found, then it is obligatory that those monies are paid immediately, without delay. In the instance that one delays, he is sinning and also liable for the money.
(See: Dr. Muhammad al-Zuhayli’s al-Mu’tamad fi al-Fiqh al-Shafi, vol. 2, pg. 126-27)
And, Allah knows best.
Shafiifiqh.com Fatwa Dept.
Read MoreQuestions Regarding Zakah on Extravagant Jewelry
The following is a series of questions regarding zakah on jewelry as well as in relation to the prohibition of ‘extravagance’ with Shaykh Taha and another graduate ‘Alim.
Question:
What quantity do you regard as extravagant in regards to gold ornaments by which zakaat can be made compulsory on it ? Yes, it will vary according to the ‘urf of each place but what do you consider for cape town and is there any methodology to specify ones urf in regards to this matter ?
Answer:
Wa alaykumu s-salam wa rahmatuLlahi wa barakatuh
The extravagance spoken of by our fuqaha pertains, not to the entire collection of gold that a woman might own, but rather to a specific piece of gold jewellery. If a woman owns 20 sets of earrings, for example, each of which is of regular size, with the intention of wearing them all one after the other, this would not constitute extravagance. The same applies to a man who owns a number of regular-sized silver rings, all of which he intends to wear, not all at the same time, but one after the other. Imam Nawawi states in Sharh al-Muhadhdhab 5/523:
لو اتخذ الرجل خواتيم كثيرة أو المرأة خلاخل كثيرة ليلبس الواحد بعد الواحد فطريقان حكاهما الرافعي وغيره، المذهب: القطع بالجواز
The idea of extravagance arises where she owns a single piece of jewellery which is abnormally large. Our fuqaha have generally illustrated such extravagance with an anklet (khalkhal) weighing 200 mithqals (which, at 968grams, falls just slightly short of 1kg). This particular weight, however, is not the standard whereby extravagance should be determined.
The real determining factor, as indicated by Ramli in Nihayah, Ibn Hajar in Tuhfah and Khatib in Mughni, is whether the abnormally large piece of jewellery is perceived to still be comely and attractive, or whether it appears grotesque and unappealing. Where it still displays zinah it would not be considered extravagance; whereas it would be extravagant–and therefore impermissible and zakatable–where it is perceived as grotesque.
قال ابن حجر في التحفة بعد كلام له 3/280: وذلك لانتفاء الزينة عنه المجوزة لهن التحلي، بل ينفر الطبع منه. كذا قالوه، وبه يعلم ضابط السرف
وفي النهاية على ما نقله الكردي عنه في الحواشي المدنية 2/117: ويؤخذ من هذا التعليل إباحة ما تتخذه النساء في زمننا من عصابات الذهب والتراكيب وإن كثر ذهبها، إذ النفس لا تنفر منها، بل هي في غاية الزينة
وفي المغني 1/581: (كخلخال) للمرأة (وزنه مائتا دينار) لأن المباح ما يتزين به، ولا زينة في مثل ذلك، بل تنفر منه النفس لاستبشاعه. ويؤخذ من هذا التعليل إباحة ما تتخذه النساء في هذا الزمان من العصائب الذهب وإن كثر ذهبها لأن النفس لا تنفر منه ولا تستبشع، بل هو في غاية الزينة
In light of the above, the method of determining whether a particular piece of gold jewellery crosses the line of extravagance is to examine the impression it leaves one with: does it come across as beautiful and appealing, or does it seem grotesque and unappealing?
It is thus not a particular quantity or weight that has to be looked at, but rather the sense of being either appealing or unappealing to the eye of the balanced onlooker. This is where `urf would play its role. `Urf by its very nature, however, does not allow itself to be reduced into form or quantity.
As for what I would consider extravagant in Cape Town, for that I would have to actually see the piece of jewellery in question.
Was-salam
[Answered by shaykh] Taha
Follow-up question from ‘Alim to Shaykh Taha:
jaza ku mallah I must say that i must have read the lines pertaining to this issue more than 25 times but I just couldn’t reach to a conclusion . Your explanation has opened the whole issue ,once again jaza ka Allah. May Allah bless you and increase you in your knowledge! But then if the particular ornament constitutes extravagance then zakat being compulsory on this entire ornament, will it also be compulsory on the other permissible ornaments too ?
Answer:
When one particular piece of jewelry is adjudged to be extravagant, zakah will only be payable on that one piece, since only that particular piece becomes regarded as haram (or alteratively makruh). This mas’alah (legal issue) may be understood in light of the fiqhi maxim (qa’idah) which states:
الحرام لا يحرم الحلال
This maxim, mentioned by Suyuti in al-Ashbah wa l-Naza’ir (p. 115), also forms the matn of an authentic hadith documented by Ibn Majah (no. 2015) and Daraqutni (no. 3679).
[Answered by Shaykh] Taha
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