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This zakah is caused by breaking the fasting at the end of Ramadan. It is sometimes called "sadaqat al Fitr". It was shown earlier that the term "sadaqah" is used to mean zakah in Qur'an, Sunnah, and Shari'ah. It is also called zakah of human nature [fitrah] on the basis that it is derived from the nature of the human creature. The amount paid is sometimes called "fitrah' which is a derived term used only by some jurists.1
Zakah of fast-breaking was obligated in the second year of Hijrah, the same year fasting Ramadan was obligated,2 in order to purify and sanctify those who fasted and to bring happiness to the poor on the day of 'Id.
Distinct from other forms of zakah, zakah of al fitr is levied on persons and not on wealth or income. This means there are drastic differences in the conditions of zakatability, as will be seen in chapter two.
The group reports from Ibn 'Umar, "The Messenger of God imposed zakah of breaking the fast of Ramadan, at one sa' of date, or one sa' of barley, on every Muslim, free or slave, male or female."3 The majority of scholars, ancient and modern, understand the word "imposed" to indicate obligation; thus, zakah of al fitr is an obligation in Shari'ah included in the general obligation of the verse "and give zakah".4
The Prophet (p) called it zakah and imposed it on every Muslim. Some other correct versions of the saying mention "The Messenger ordained . . . ." which clearly shows the obligatory nature of this zakah.5 Abu al 'Aliah, 'Ata, and Ibn Sirin, along with al Bukhari, state that this zakah is obligatory.6 This is also the view of Malik, al Shafi'i, and Ahmad.
Hanafites, who distinguish between the obligation [fard which is imposed by a clearcut text such as Qur'an], and the requirement [wajib, which is imposed by texts which are not clear-cut, such as single chain sayings] consider zakah of al fitr only wajib.
According to Hanafites, denying a fard equals disbelief, whereas denying a wajib does not, since wajib for them is a practical obligation only, while fard is an ideological obligation. The other three schools do not make such a distinction, so the matter is simply a difference in definitions.7
There is a Malikite report from Ashhab that zakah of al fitr is an "emphasized sunnah."8 This is also the opinion of some Zahirites and Ibn al Labban, who is a Shafi'ite, on the grounds that the word "farada" [imposed] originally means "to estimate" in linguistics, but this is disproved by what is stated at the beginning of this section. Moreover, Ibn Daqiq al 'Id says, "Linguistically, 'farada' originally meant 'to estimate', but it is now used in Shari'ah to mean 'to obligate,' so it is better to choose this meaning." Ibn al Humam says, "It is a must to take the meaning of the words of the Legislator that is used in Shari'ah, except when there is evidence to the contrary, especially in this case, in light of the other version, reported by al Bukhari and Muslim, in which the word 'amara' i.e. ordained, is used." The obligatory nature of zakah of al fitr is further supported by the fact that it is called zakah. This is so to the extent that after mentioning the view of Ibn al Labban, al Nawawi writers, "This is a rejected and deviant opinion; it is clearly erroneous." Ibn Rahawaih says the obligation of zakah of al fitr is like ijma', and al Mundhiri quotes, "it is ijma'." But the statement of Ibn Rahawaih is apparently more precise, especially since Ibrahim bin 'Aliyah and Abu Bakr al Asamm believe this zakah was annulled when regular zakah was obligated. They support this view with a saying reported by Ahmad and al Nasa'i that when Qais bin sa'd bin 'Ubadah was asked about zakah of al fitr, he said, "The Messenger of God (p) ordained zakah of al fitr before zakah was ordained.
When the zakah ordinance descended, he neither ordered us nor prevented us from continuing to pay zakah of al fitr, but we [still] do it." The chain of this saying is disputed, since it has an unknown narrator, according to al Hafiz.9 Even if we assume it is correct, the saying does not indicate any annulment of fast-breaking zakah, since revealing an obligation does not imply abolishing a previous one.10 The original order mentioned in the saying itself is still valid; an annulment requires a text.
Accordingly, it is established among Muslims that zakah of al fitr is obligatory, since the deviant view to the contrary of this is opposed by ijma' before and after it,11
and Schacht's claim is nonsense.12
Ibn 'Abbas says, "The Messenger of God (p) imposed zakah of al fitr as a purification of the faster from vain talk and bad doing, and as a food provision for the needy."13 The worshiper may have incurred during Ramadan vain, ill words, or indecent feelings that require purification, since perfect fasting is not merely abstention from and drink, but abstention from ill-doing and offensive speech to others. Thus, zakah of al fitr is obligated to make up for any impurities and imperfections in fasting, just like voluntary and sunnah prayers make up for imperfections in obligatory prayers.14
In addition, 'Id is a day of joy, happiness, and feasting, and the poor need help to bring the same happiness to their children and households. Zakah of al fitr is obligated to provide food to the poor on the day of 'Id. In another saying, the Prophet is reported to say, "Make them [the poor] satisfied on this day."15
Footnotes.
1. In his commentary, Ibn 'Abidin says, "The use of the word 'fitrah' to mean zakah of al fitr is not eloquent. It is used only colloquially, and is considered a mistake by some scholars." In al Qamus, al fitrah is listed as zakah of al fitr, but this is considered one of the errors of al Qamus which is caused by confusing the religious with the linguistic meaning. Al Nawawi says it is a derived noun, probably from fitrah, which means "nature" or "creation". Al Abhari says fitrah is the zakah of natural creation. In brief, the word fitrah is an Arabic word that means creation; it is used for zakah al fitr because this is a zakah on creatures, or persons, themselves. It is used in Shari'ah to mean zakah of al fitr or the amount paid as zakah of al fitr. See Radd al Muhtar, Vol.
2, p. 78.
2. Al Mirqat, Vol. 4, p. 159.
3. Mentioned in al Muntaqa; see Nail al Awtar, Vol. 4, p. 179.
4. Sura al Baqarah, 2:11, and al Nisa, 4:77.
5. Sharh al Nawawi on Muslim, Vol. 7, p. 58, and al Muhalla, Vol. 6, p. 119.
6. He mentions it as suspended. In al Fath, al Hafiz says 'Abd al Razzaq connects it from Ibn Juraij from 'Ata, and Ibn Abi Shaibah from 'Asim al Ahwal from the other two. Al Bukhari only mentions these names because they clearly state it is obligated; otherwise, Ibn al Mundhir quotes ijma' on it.
7. Ibn al Humam says, "In the ultimate analysis, there is no difference between them on its meaning, since according to the other schools, the nature of this obligation does not imply that he who denies it becomes a disbeliever, and this is the meaning of 'requirement' in our school. Hanafites believe it is only wajib because of dispute on the degree of confirmation of its texts and their indication." See al Mirqat, Vol. 4, p. 160.
8. In al Muhalla, Vol. 6, p. 118, Ibn Hazm writes that Malik says it is not obligatory, but the late shaikh Shakir notes, "This is an error on the part of Ibn Hazm, since Malik clearly says in al Muwatta that zakah of al fitr is obligatory on bedouins as well as on urbanites, because the Messenger 'imposed zakah of breaking the fast of Ramadan . . .
.' This is also stated by Ibn Rushd in Bidayat al Mujtahid, Vol. 1, p. 269.
9. Followed by al Suyuti in Sharh al Nasa'i and al Shawkani in Nail al Awtar, Vol. 4, p.
180, but shaikh is surprised by the statement of al Hafiz and those who follow him, and after mentioning the saying via two chains, says, "both chains are correct; they have no unknown person." Notes on Al Muhalla, Vol. 6, p. 119.
10. Fath al Bari, Vol. 4, pp. 110-111, al Mirqat, Vol. 4, pp. 159-160, al Muhallah, Vol. 6, pp. 118-119, al Rawdah, Vol. 2, p. 291, Sharh Muslim, Vol. 7, p. 58, Nail al Awtar, Vol. 4, p. 180, and al Fath al Rabbani, Vol. 9, pp. 134-137.
11. Al Bahr al Zakhkhar, Vol. 2, p. 195.
12. In the Encyclopedia of Islam, Vol. 10, p. 361, (Arabic translation), Schacht writes, "Jurists differ on the obligation of zakah of al fitr, but according to the prevailing view today, zakah of al fitr is considered obligatory. It is only Sunnah according to Malikites." This is grossly erroneous. Jurists are almost in total agreement that it is obligatory. Ibn al Mundhir quotes ijma' on this obligation, though he knew of the presence of a disregarded deviant view expressed by one or two persons. The accepted view among Malikites is obligation of this zakah. See for example, Bulghat al Salik, Vol. 1, p. 237, and al Sharh al Kabir with the notes of al Dusuqi, Vol. 1, p. 504. The view of Ibn al Ashhab is rejected in the Malikite school itself. Schacht is misled by the sentence of Ibn Abi Zaid in al Risalah that "zakah of al fitr is an obligated sunnah imposed by the Prophet (p)." The commentators explain that the author means an obligation that came in the Sunnah [as opposed the Qur'an]. See Sharh al Risalah, by Zarruq, Vol. 1, p. 341. Malik clearly states in al Muwatta that zakah of al fitr is obligatory.
13. Reported by Abu Daud in chapter on zakah of al fitr; he and al Mundhiri make no comment. At Hakim also reports the same saying and notes, "correct as per the conditions of al Bukhari; this is approved by al Dhahabi. It is also reported by Ibn Majah, al Baihaqi, and al Daraqutni, p. 219. The latter says, "No defective narrator exists in its chain." See al Mirqat, Vol. 4, p. 173, and Nasb al Rayah, Vol. 2, p. 108.
14. Nihayat al Muhtaj, Vol. 2, p. 108.
15. The author of Nail al Awtar says it is reported by al Baihaqi and al Daraqutni from Ibn 'Umar. Al Baihaqi's version is "Make them satisfied this day, so they do not go around begging". Ibn sa'd in al Tabaqat also reports it from 'A'ishah and Abu Sa'id, Vol. 4, p.
186. See Nasb al Rayah, Vol. 2, p. 432, and the notes on al Muhalla, Vol. 6, p. 120.
Reference: Fiqh Al Zakah - Dr. Yusuf al Qardawi
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