Fiqh Al Zakah by Dr. Yusuf al Qardawi

God makes it lawful for Muslims to engage in business and to make profit, provided they do not indulge in trading commodities that are prohibited in Islam, and that they observe ethical values is their transaction, such as honesty, truthfulness, and kindness.

Also, business engagements must not be a hindrance to the remembrance of God, or the fulfillment of spiritual and material obligations prescribed by Him.1

Since practicing trade is lawful, several sayings ordain the guardians of orphans to invest orphans, wealth in trade so that it is not exhausted by the repetitive payment of zakah. It is normal that a part of the wealth of any nation is used in trade and business exchange, and it is no wonder that Islam prescribes zakah on assets invested in business and commerce as well as on the income derived therefrom. Like zakah on money, zakah on business is an expression of thankfulness to God for His bounties by caring about those of His servants who are in need.

Islamic jurisprudence addresses itself to the details of this kind of zakah. Business inventory is called by jurists 'urud al tijarah,2 which means any commodities obtained for the purpose of resale for profit, except liquid monetary assets. This definition includes machinery, furniture, clothing, foodstuffs, ornaments, jewelry, livestock, plants, land, buildings, etc. Some jurists define 'urud al tijarah as anything that one buys in order to sell for profit.3 A Muslim who owns business inventory equal to nisab of money or more at the end of a zakah year must pay its due zakah at the rate of two-anda- half percent. This zakah is levied on the principal and increments accruing above the principal.

This chapter has four sections, The first deals with the obligation of zakah on business inventory, the second disproves the arguments of those who do not obligate zakah on business, the third section describes the conditions for this kind of zakah, and section four deals with the methods of paying zakah on business inventories.

Evidence of this obligation is taken from the four sources of Shari'ah in Islam:

Qur'an, Sunnah, ijma and analogy.

God says, "O ye who believe, give of the good things which ye have honorably earned, and of the fruits of the earth which we have produced for you."4 Imam Bukhari indicates in his chapter on zakah in his correct collection5 under the section on sadaqah on crafts and business that this sadaqah is taken in accordance with the verse, "O ye who believe, spend out of the good things which ye have earned," Imam al Tabari comments, "Pay zakah out of the good things you earn in your economic activity, such as business, industry, or gold and silver," He also reports through several chains, from Mujahid, that the words "good things you have earned" means by making trade.6 Imam al Jassas, in his Ahkam al Qur'an, says "It is reported that a group of our predecessors explain God's words 'good things you have earned' as through trade. These include al Hasan and Mujahid. However, the general implication of the words covers also all assets earned by other economic activities,"7 Imam Abu Bakr bin al 'Arabi says that "Our scholars interpret the words of God 'that you have earned' as things earned by means of trade, and the words 'that we have produced from the earth for you' as things earned by means of agriculture." It should be noted that earnings may come either from the earth or from human effort in trade, industry, hunting and booty obtained in war. As God ordains the rich to give the poor out of all these earnings, trade is no exception and its earnings are also zakatable.8 Imam al Razi points out that the obvious meaning of the verse is that zakah is obligated on every asset human beings earn, including trade assets, gold and silver, and livestock, since all these are earned.9 This is supported by the verse that reads "No profit to him from all his wealth and earnings."10 "His earnings" are his accumulations from trade.

In addition to that, we must remember that other verses about zakah are general and therefore include business assets, such as the verse "and on their wealth and possessions there is the right for he who asked and he who is deprived,"11 "and on those in whose wealth is a recognized right for he who asks and he who is deprived,"12 and "Out of their goods take sadaqah so by it thou might purify and sanctify them."13 There is not a single statement in the Qur'an or Sunnah that exempts the assets of Muslim merchants from this recognized right by which Muslims are purified and sanctified.

Ibn al 'Arabi indicates that the verse "Out of their wealth take sadaqah" is general and covers all assets, no matter how they are classified or named, and no matter what purpose they are assigned to. Thus anyone who desires to restrict the meaning of this verse is asked to produce supporting evidence.14

Remarkably enough, some Arabic tribes meant by "mal" [the word used in the verse to mean "wealth] only clothes, furniture, and business assets. It is reported by Malik from Abu Hurairah that "We went with the Messenger of God (p) to the battle of Khaibar, where we did not earn gold or silver but only mal.'' i.e. clothes and other assets.15

Abu Daud reports from Samurah bin Jundub that " the Prophet (p) used to order us to pay al sadaqah out of what we have for sale."16 To "order" implies to "obligate" and it is clear that sadaqah means zakah, especially when it is preceeded by the definite article "al". Al Daraqutini reports Abu Dharr "I heard the Messenger of God (p) saying 'Camels are zakated, lambs are zakated, and clothes and housewares are zakated.'"17 There is no disagreement that clothes and other housewares for personal or household use are exempt, which means that housewares and clothes mentioned in this saying refer to business inventory for resale. This is in addition to the general sayings that obligate zakah on all kinds of wealth without discrimination, such as "give zakah on your wealth."18 It is noted that trade inventory is the first kind of wealth that comes under the word "mal" used in sayings, because trade inventory is general and may include anything purchased for sale.19

Abu 'Ubaid reports from 'Abd al Qari, "I was appointed as treasurer at the time of 'Umar bin al Khattab. When the time of collection came, he used to calculate the assets of merchants, both present and absent assets, and then take zakah on them all, out of the assets that were present."20 Reported also by Ibn Hazm in al Muhalla, where he adds that its chain is correct. There is a report from Abi 'Amr bin Hammas, from his father, who said "'Umar passed by me and said, 'Oh Hammas, pay the zakah due on your wealth.' I answered, I have no wealth except hides and bags.' 'Umar replied, 'Evaluate them and pay the zakah due on them.'"22 The author of al Mughni comments that "the likes of such a story are common, and none of the Companions negate this ruling, which implies a sort of ijma' on this matter."23

Abu 'Ubaid reports from Ibn 'Umar that "Slaves and clothe intended for trade are zakatable."24 Al Baihaqi and Ibn Hazm report from Ibn 'Umar that "There is no zakah on housewares and cloths, except when they are used for trade." Ibn Hazm adds that this is a correct narration.25 Moreover, Abu 'Ubaid also reports the obligation of zakah on trade from Ibn 'Abbas.26

There is no report whatsoever that any Companion disagreed with the opinion of 'Umar, his son, and Ibn 'Abbas. The collection of zakah on trade assets continued during the time of the Companions and the era of the Followers. In the preceding chapter, I mentioned that "'Umar bin 'Abd al 'Aziz is correctly reported to have written to one of his deputies to "look for Muslims who pass by your area and take zakah out of their merchandize at the rate of one dinar for every 40 dinars, and apply the same percentage on what is less than that up to a minimum of 20 dinars." Jurists of the Followers era and the generations after them agreed that zakah is obligatory on trade assets. This ijma' is reported by Ibn al Mundhir and Abu 'Ubaid. Ibn al Mundhir writes that "people of knowledge unanimously agreed that items intended for trade are zakatable once a full fiscal year passes. This is reported from 'Umar, his son, Ibn 'Abbas, the seven renowned jurists, al Hasan, Jabir bin Zaid, Maimun bin Mahran, Taus, al Nakha'i, al Thawri, al Awza'i, al Shafi'i, Abu 'Ubaid, Ishaq, Abu Hanifah, and his disciples."27 It is also the stand of Ahmad and the Maliki school. Abu 'Ubaid says, "all Muslims unanimously agree that trade assets are zakatable, and no other opinion is attributed to any of the knowledgeable people."28

The judge Ibn al 'Arabi says zakah is obligatory on trade assets because of four reasons: One, God says "take sadaqah out of their wealth," which means all sorts of wealth; two, 'Umar bin Abd al Aziz ordered zakah taken from trade assets on the advice of many scholars in the era of the Followers and no one raised objections to his action; three, 'Umar bin al Khattab collected zakah on trade assets long before 'Umar bin 'Abd al 'Aziz, as correctly reported from Anas; and four, the report of Abu 'Daud from Samurah bin Jundub that "The Prophet (p) used to order us to pay zakah on what we have for sale." There is no authentic report to the contrary from any our predecessors.29

Al Khattabi writes that some later people claimed there was no zakah on trade assets, but they are preceded by the ijma'.30

Ibn Rushd mentions that trade assets are wealth intended for growth, like the other three forms of wealth that are unanimously considered zakatable: agricultural products, livestock, and gold and silver. Thus the analogy is clear and fitting.31 As for the reasoning that supports this premise, trade assets are like monetary assets. They are exchangeable, valued, and readied for investment and growth. if zakah were not to be imposed on trade assets, rich people would always keep their wealth in the form of merchandise and inventory and avoid keeping cash, to escape the payment of zakah.32 It is natural that businessmen keep little cash, since most business transaction take place through credit or through bank transfers, checks, and drafts.

According to the late Rashid Rida, the rationale for this matter is that God imposed zakah on the wealth of the rich in order to relieve the poor and needy and to pay for some public interests of Muslims and Islam. Zakah also aims at reducing capital concentration in the hands of a few individuals, in accordance with the principle laid down by the verse, "in order that it may not merely make a circuit between the wealthy among you." Moreover, it gives the rich the benefit of purification and sanctification and trains them to be helpful and merciful. With all that in mind, is it reasonable that merchants and businessmen, who may own the bulk of the wealth of a nation, be exempted?33

One could also say that merchants need purification more than anyone else, because the ways they earn their wealth may not always be completely clean. The Prophet (p)

indicates that "Merchants are resurrected wicked on the Day of Judgement, except for those who fear God, speak the truth, and are righteous."34 He once said "Merchants are the wicked," and are asked, "O Messenger of God, did not God make business lawful?" He answered, "Yes, indeed, but merchants often swear, commit sins, and lie in their speech.35 Abu Daud reports from Qais bin Abi Gharazah that "The Messenger of God (p) passed by us and said, 'O merchants, sales are associated with vain talk and swearing, so let it be mixed with sadaqah." This sadaqah is not a reference to zakah, but the saying stresses the point that traders need purification because of errors and impurities that intermingle with their transactions. If merchants need a voluntary charity for their own purification, they certainly are in need of paying zakah the prescription for purification and sanctification for all Muslims.

According to al Khattabi, Sunnites are generally of the opinion that zakah is obligatory on trade assets,36 except for a few late jurists of the Zahiri school. Ibn Hazm in his al Muhalla adopts this view.37 Some scholars known for their inclination to restrict zakah, such as al Shawkani and Siddiq Hasan Khan support this view too. Their arguments can be summarized in the following points:

Firstly, they draw on the hadiths, "No zakah is obligated on Muslims on their slaves and horses," and I have exempted you from sadaqah on horses and slaves."38 The literal meaning of these sayings is that zakah is waived for these two items, whether or not they are trade inventory. The reply of scholars in the majority camp is that studying these two sayings indicates that they waive zakah on slaves in household service and horses used for personal transportation. Both serve needs that are unanimously exempt from zakah.

Secondly, they argue that in principle it is forbidden to take any part of a Muslim's wealth without clear evidence from God through Qur'an or Sunnah. Trade was practiced in the time the Prophet (p) and there is no correct report obligating zakah on trade. As for the saying from Samurah and Abu Dharr, the argument is that they are weak and must not be used as evidence for obligating zakah.39

The answer to this claim is that there are several verses and sayings that obligate, by virtue of their generality, zakah on all assets. The rule is that a general text must not be restricted except by another text, and there is no such restricting text. Furthermore, we have specific evidence to the effect that zakah is obligated on trade assets from the Qur'an, Sunnah, Companions' sayings, and ijma' of recognized people of knowledge.

The saying of Samurah is not criticized by Abu Daud and al Mundhiri. It is graded good by Ibn 'Abd al Barr, and the late Ahmad Shakir says of it, "Its narrators are known and classified as trustworthy by Ibn Hayyan." The saying of Abu Dharr is marked correct by al Hakim; al Hafiz mentions several chains for it and marks one of them as all right.

These sayings are supported by the generalities of the main texts, the actions of the Companions, and the ijma' in addition to analogy and reasoning.

Thirdly, Abu 'Ubaid mentions that some jurist claim zakah is not obligated on trade inventory on the grounds that zakah must always be paid out of the asset itself, and in the case of trade merchandise, all scholars accept payment on the basis of value. Abu 'Ubaid continues, "This is an error in judgement, because we know in the tradition of the Messenger of God (p) that zakah obligated on one kind of asset may be paid in the form of another kind. For example, in the Prophet's letter to Mu'adh about jiziah is written "one each person who is past puberty, there is a due of one dinar, on its value is clothes."40 Also, part of the Prophet's treaty with the people of Najran reads "they are obliged to give two thousand pieces of clothes every year, or their equivalent in silver." 'Umar accepted camels as jiziah payment, while its levy was in gold and silver, and 'Ali accepted ropes and needless in payment of jiziah. It is also reported from Mu'adh that he took merchandise in the place of zakah. He said, "Bring me clothes and men's wear; I accept it in payment of sadaqah, since it might be easier for you and more beneficial to the migrants in Madinah." Ibn Mas'ud's wife, it is reported, said to him, "I have a necklace that weighs twenty mithqal." He replied, "Pay five dirhams on it." (One mithqal is worth ten dirhams.) Abu 'Ubaid notes that in all these examples, dues are levied on certain items and collected in the form of another. This negates the statement that zakah must be waived if it cannot be paid is the form of the same zakated item. As for trade merchandise, zakah may be collected in kind unless such collection harms the asset by forcing the division of the indivisible, in which case the value should be designated and zakah is then paid in value. Muslims agree on the zakatability of trade merchandise, and its opponents are not known as people of knowledge. zakah, however, is not obligated on these items when they cease to be trade inventory on are assigned for personal or household use, similar to the waiver of zakah on camels and cows used for family transportation. Trade assets, like livestock, are designated for growth, exchange, and profit, and as such are zakatable. The ratio or zakah on livestock is given, while zakah on trade is estimated in value.41

Imami jurists are of the opinion that zakah is recommended rather than obligated on trade assets.42 They have, however, another prescription for trade earnings (excluding capital), saying that one-fifth is due on those profits. They argue that the verse "and know that out of all the booty that ye may acquire, a fifth share is assigned to God, and to the Apostle, and to near relatives, orphans, the needy, and the wayfarer," covers all earnings from business, buried treasures, and other gains. This obligation of one-fifth on business profits comes after deducting the personal and household expenses of the trader. The author of Jawahir al Kalam writes that "one-fifth is levied on the residual of profits from trade, industry, and agriculture after the deduction of living expenses for the whole year." He adds, "This is not disputed."43 Using contemporary terms, this means a levy of twenty percent on net income.

Sunnites argue that this verse refers only to booty acquired in war, as explained by the Messenger of God (p). This interpretation is supported by the context of the verse in sura al Anfal itself. If acquired booty [ghanimah] is left general and not restricted to the case of war, then twenty percent on bequests would be due. This obviously contradicts the ijma'. Acquired booty cannot consequently mean all earned profits.44

Trade is exchange with the intention of making profit.45 Trade assets are commodities obtained for the purpose of selling for profit.46 Thus two elements are involved in trade---the action of buying or selling, and the intention of making profit.47

Buying for the intention of using the asset is not trade. items bought for personal and household use are not trade assets. These two elements must always co-exist in trade.48

Changing the intention from selling for profit to personal use of an item must remove its zakatability.49

These are the two main conditions for the definition of trade assets. A few scholars add another condition,50 that there should be no duplication in zakah on any item in one single zakah year,51 since the Prophet (p) said "There should be no duplication in sadaqah."52 Duplication may take place in the case when a commodity, e.g. agricultural land, is purchased for resale with profit, but is cultivated and harvested while in the possession of the merchant. Many scholars suggest that zakah on agriculture (ten percent] is applicable on the produce, while others consider zakah on trade assets alone is applicable. Although a few suggest that the two zakah must apply in this case,53 the majority are of the opinion that the two forms of zakah must not apply together, because that would be duplication in zakah.

The above are the conditions of zakatability with respect to trade assets. However, we should remember that there are also the general conditions of zakatability, which are the same as those of zakatability of money, i.e. nisab, the passage of one full lunar year, the absence of debts and similar liabilities, and being in excess of essential needs.

Nisab is the equivalent of the value of 85 grams of gold. As for the time if the zakah year at which the nisab condition should be fulfilled, there are three opinions among jurists. The first is that it is sufficient that nisab exist at the end of the zakah year. This is reported from Milik and the text of al Shafi'i in his al Umm.54 Secondly, there is the opinion that nisab must be fulfilled throughout the whole zakah year, and any moment this condition becomes unsatisfied interrupts zakatability, and a new zakah year begins, until nisab remains held for a full zakah year. This is the opinion of al Thawri, Ahmad, Ishaq, Abu 'Ubaid, Abu Thawr, and Ibn Mundhir.55 Third is the opinion that it is sufficient that nisab be satisfied at the beginning and the end of the zakah year, even if it is broken during the year. This is the opinion of Abu Hanifah and disciples. It aims at removing the apparent inconvenience of requiring continuous evaluation of the trade assets in order to verify the fulfillment of nisab throughout the year.

In my opinion, there is no correct text to support requiring nisab at the beginning of the year or during it. At the end of the zakah year, if the condition of nisab is fulfilled, we have on hand a zakatable asset. Consequently, I think the opinion of Malik and al Shafi'i is most acceptable. The state can determine the date of zakah year ends (i.e. when zakah is due.) Any merchant who owns nisab at that date is zakatable. This approach was practiced at the time of the Prophet (p) and his Wise Successors with respect to zakah on livestock. Collectors were sent on a certain date to collect zakah on all livestock that were at nisab and above, without questioning the owners whether nisab was fulfilled throughout the whole year.

Trade assets may take one of the following three forms:

1. It could be merchandise and inventory for sale, 2. Cash on hand or in the bank, 3. Or debts and credits extended to agents and others.

Also traders may have liabilities in the form of debts due to other people.

Abu Ubaid reports the ways of calculating zakah as perceived by some of the great Followers.57 He quotes Maimun bin Mahran as saying, "When zakah is due, calculate the amount of money, add to it the value of inventory and the amount of debts on customers that you expect to be paid, sum the total, deduct whatever debts you owe to others and pay zakah on the net." Al Hasan al Basri says, "When zakah is due, one must add the amount of money, plus the value of inventory, plus the amount of debts, except the amount of hopeless debts, and pay zakah on the total." Ibrahim al Nakha'i indicates that one must evaluate one's trade assets and pay their zakah along with zakah due on one's other holdings."58

It is clear from these quotations that a Muslim merchant, in calculating zakatable assets, must add together what he owns, be that capital, profit, savings, and hopeful debts. He or she is required to take inventory and evaluate it in addition to money and debts, and then pay 2.5% of the total. As for hopeless debts, they are not zakatable unless they happen to be paid back. Then they must be zakated once only,59 on the basis of similarity with earned wealth that is zakated at the time it is acquired. It is obvious that liabilities are deducted from assets and only the net is zakatable.

According to Malik, a monopolistic merchant is one who buys commodities and waits until prices go up to sell, while a non-monopolistic merchant is one who buys to sell on regular basis without giving much attention to storage or to waiting for a price change.60 Ibn Rushd writes "Malik says a monopolistic merchant must pay zakah on his inventory when he sells them, once only, even if his stock was kept for several years, while the other merchant is required to pay zakah on the inventory each year.

The majority, including al Shafi'i, Abu Hanifah, Ahmad, al Thawri, al Awza'i, and others, do not make any distinction between these two merchants."61 Ibn Rushd comments on Malik's view, "This seems to be an intrusion into Shari'ah, rather than a deduction from its principles. Things like this are usually called loose analogy (al qiyas al mursal), which do not rely on a principle mentioned in Shari'ah but only on pure rationalization of Shari'ah's interests. Malik accepts such an approach." Furthermore, Malikites have different opinions about the case in which the merchandise of a non-monopolistic merchant remains in stock for several years. Is he required to pay zakah every year, or should he be treated like the monopolistic merchant who at the time of purchase anticipates a long waiting period ? Sahnun says that stagnant inventory may be treated like the merchandise of monopolistic merchant, while Ibn al Qasim does not agree.62

It is obvious that the majority's view is stronger than that of Malik, because zakah is levied on the grounds that trade assets are potentially growing assets, like money, and there is nothing to substantiate Malik's distinction. It may be mentioned, however, that at times of general economic recession, the opinion of Malik may have a certain applicability in order to reduce the burden of merchants by collecting zakah on actual sales instead of on inventories.

Business assets referred to with respect to zakatability are only those assets that are liquid or circulating, or what is usually called the circulating capital. Buildings, furniture and fixtures of stores that are not acquired for sale are not included in zakatable assets.

Jurists define zakatable assets of trades as those materials that are purchased for resale with profit.63 The saying narrated by Samurah states that "the Prophet (p) used to ordain us to pay the sadaqah on what we designate for sale." Consequently, it is said that containers, cages, scales, machinery and tools are not included in zakatability.64 Some jurists go on to distinguish between containers and packages sold with the merchandise and those that are not sold, the former being zakatable while the latter are not.65

The majority's view is to use current prices on the due dates of zakah. This is also reported from the Follower Jabir bin Zaid: Evaluation is done at the prices of the day zakah becomes due. Ibn Abbas is reported to have said that "It is allright to wait untill the merchandise is sold, and then the due zakah is paid according to the actual proceeds."66 Yet a third view is reported by Ibn Rushd without attribution to any specific jurist, which is to appraise the inventory at its purchase price.67 Since prices may go up or down, it is not fair for the payer or the recipient of zakah to consider anything but prices that are current on the day of payment, especially since zakah is, in fact, due on principal and accrued profit. The majority's view is obviously most reasonable here. But it should be noted that wholesale prices, and not retail prices must be used if any liquidation of inventory is to be done it will be at current wholesale prices.

Naturally, there are several opinions. Abu Hanifah and report from al Shafai'i leave it to the merchant to make the choice especially when inventory takes the form of consumer goods.68 Another report from al Shafai'i makes payment obligatory in kind and not permissible in value.69 Al Muzani says that "Merchandise zakah is paid in kind and not in value."70 Yet another view is that of Ahmad and a third report from Al Shafi'i that zakah must only be paid in value because nisab in trade's assets is only a matter of valuation.71 The author of al Mughni writes "we do not think that zakah is levied on the kind of the asset but only on its value."72 This last opinion seems to me the most rational, because it is most beneficial to the poor, leaving him with the choice of commodities he needs most. This method is also easier for the state to collect. Paying zakah in kind may also be practiced when the payer knows that the poor need that commodity and the merchant pays it directly to the poor. Ibn Taimiyah was asked whether a merchant could pay zakah in kind or not, and he answered, "That depends.

Some people say it is paid in kind always, others say it should always be in value, while the third opinion says it depends which is most beneficial and convenient method of payment for the payer, the receiver, and the collector in each particular case." "The last view, he continues, seems to be the most fair, i.e., zakah be paid in kind when it benefits the poor most or paid in value when this is better for him."73