Fiqh Al Zakah by Dr. Yusuf al Qardawi

The saying reported by the group from Ibn 'Umar reads "The Messenger of God (p)

imposed zakah of breaking the fast of Ramadan . . . on every Muslim, free or slave, male or female" and in a version given by al Bukhari, Ibn 'Umar says "The Messenger of God (p) imposed . . . on every Muslim, slave or free, male or female, young or old." Abu Hurairah says zakah of al fitr is due "on every free or slave, male or female, young or old, poor or rich . . ."1 Although these are Abu Hurairah's words, such a view is not a matter of personal opinion, so it must be taken from the Prophet (p).

These sayings indicate that zakah of breaking the fast is a general obligation on all Muslim individuals, regardless of freedom, sex, age, wealth, or urban or bedouin status.

Al Zuhri, Rabi'ah, and al Laith believe it is obligated only on the urban population, i.e.

nomads are exempt, but the wording of the sayings disproves their view.2 Ibn Hazm reports a similar view from 'Ata and adds that the Messenger of God (p) did not make any exception.

The phrase in the saying "male or female" implies that zakah of al fitr is obligated on all women, married or not. This is the view of Abu Hanifah and the Zahirites. They say that women must pay it from their own wealth.4 The other three leading imams as well as al Laith and Ishaq believe that husbands are required to pay it on behalf of their wives, because zakah of al fitr is related to provision of sustenance. Al Hafiz argues that this view is disputed, since its proponents contradict themselves in the case of a slave wife when the husband is financially unable, claiming that the wife's zakah of al fitr must be paid by her master, while he is not obligated to spend on her sustenance. Also, when the wife is not Muslim, the husband is unanimously required to spend for her sustenance but not for zakah of al fitr on her behalf. Al Shafi'i presents a mursal saying via Muhammad bin 'Ali al Baqir, "Pay sadaqah of al fitr on behalf of those you provide for."5 However, this saying is very weak and does not stand in argument.6 The Imami school agrees with the Shafi'ites.7 Al Laith adds that it must also be paid on behalf of a laborer whose wage is not defined,8 while the Zaidis say the payer is only required to give zakah of al fitr on behalf of those whose sustenance he provides if they are related by kin, marriage, or ownership [of a slave].9

The phrase "young or old" in the saying indicates that zakah of al fitr is obligatory on children, out of their own funds if they have any. The guardian is required to pay it out of the children's wealth. If the child has no funds, the guardian must pay it like provision for sustenance. This is the opinion of the majority. Muhammad bin Hasan says only the father is obliged to pay it, and if the child has no father, no zakah of al fitr is due.10 Sa'id bin al Musayyib and al Hasan al Basri say it is not obligated on whoever did not fast, because it is obligated as a purification and the child does not need it. Ibn 'Abbas says, "The Messenger of God (p) imposed zakah of al fitr as a purification, for whoever fasts, from vain talk and impurities." This opinion is disputed on the ground that most of those obligated usually fast,11 and that zakah of al fitr is also obligated to feed the poor, a purpose better achieved if it is obligated on young and old.

No zakah is obligated on the fetus, according to the majority of jurists. Ibn Hazm disagrees, saying that if the fetus completes one hundred and twenty days before the dawn of the last day of Ramadan, zakah of al fitr must be paid on its behalf. The hundred and twenty days is taken from the saying which indicates it is at this age that the soul is blown into the fetus. Ibn Hazm argues that the fetus is included by the word of the Prophet "young" and reports that 'Uthman bin 'Affan used to pay zakah of al fitr on behalf of the young, old, and unborn babies. Abu Qulabah says, "They used to like paying zakah of al fitr on behalf of the young, the old, and the fetus in the womb." Ibn Hazm clarifies that Abu Qulabah met many Companions and narrates from them.

Sulaiman bin Yasar answered "yes" to a question about zakah of al fitr on behalf of the fetus and adds, "no Companion is known to have differed with 'Uthman on this issue."12

The truth is that there is no evidence on the obligation of zakah of al fitr on unborn babies in what Ibn Hazm quotes, and it is gross arbitration to include the fetus in the meaning of the word "young". 'Uthman's action is not indicative of the obligation, although it may mean encouragement of this action. Al Shawkani quotes Ibn al Mundhir as reporting ijma' that it is not obligatory on unborn babies, and Ahmad considers this payment desirable and not obligatory.13

The phrase "a freeman or slave" in the saying is inclusive of the poor; Abu Hurairah explicitly mentions the poor in his statement. Accordingly, the three leading jurists, along with the majority, believe that there are only two conditions of zakatability, namely, Islam and owning the amount of zakah of al fitr above what is needed as provision for the day of 'Id for the person and his family. Al Shawkani notes that this is correct because the texts are general and inclusive of the rich and poor. The terms of zakatability are not subject to human opinion in this case, since the purpose of this zakah--cleansing of vain talk, etc., includes the poor and the rich. On the other hand, the condition of owning food for the day of 'Id is indispensable, because without this condition, the person deserves to receive zakah of al fitr and to be satisfied on that day.14

Abu Hanifah and his disciples disagree. They require the condition of nisab on the basis of the generality of the saying in al Bukhari and al Nasa'i, "No sadaqah is obligated except our of richness,"15 and richness is defined by owning nisab. They also draw this by analogy to other forms of zakah that all require nisab. This is challenged on the grounds that this saying does not indicate an obligation of this condition, especially the version reported by Abu Daud: "The best sadaqah is that done out of richness."16

Moreover, another saying, reported by Abu Daud and al Hakim from Abu Hurairah, stands in opposition, since it reads "The best sadaqah is the effort of a person who has little." The latter is supported by yet another saying, reported by al Tabarani from Abu Umamah, "The best sadaqah is that which is given secretly to a poor or done by a person who has little." Additionally, there is the saying reported by al Nasa'i, Ibn Khuzaimah, al Hakim, (who grades it correct as per Muslim's conditions) and by Ibn Habban in his correct collection, from Abu Hurairah that the Prophet (p) said "One dirham is better than a hundred thousand dirhams!" A man said, "O Messenger of God, how could it be?" He answered, "A man who has plenty of wealth, gives as charity a hundred thousand dirhams out of its peripheries; and a man who has only two dirhams gives as charity one dirhams, which is one-half of his wealth." The analogy with other forms of zakah is incomplete, since zakah of al fitr is on persons, while all other forms are on wealth.17 The claim that the poor are exempt from zakah of al fitr is explicitly disproven by the general content of the saying obligating zakah of al fitr on every Muslim, by Abu Hurairah's statements15 that names the poor as obligated to pay it, and by yet another saying reported by Ahmad and Abu Daud from Tha'labah bin Abi Saghir from his father, that the Messenger of God (p) said, "Pay the sadaqah of al fitr, one sa' of wheat, on behalf of each human being, young or old, free or owned, rich or poor, or male or female. As for the rich among you, God sanctifies him [by it] and as for the poor, God gives him back more than he gives." In my personal opinion, zakah of al fitr must be obligated on the poor as well as the rich, because, in addition to the preceeding arguments, there is the objective of training everyone to give and spend in obedience to God, even just a little bit once every year.

God describes the believers who fear God as "Those who spend in ease and in adversity."18 For the same reason, I also prefer the view of Abu Hanifah obligating zakah of al fitr on women out of their own wealth.

Lastly, it should be noted that the necessary condition of capability to pay zakah of al fitr must not be overlooked. Capability is defined as owning the amount of zakah in excess to the food of the day of 'Id and other necessities, such as shelter, clothing, furniture, and utensils. Anything in excess of essential needs and can be liquidated for payment of zakah of al fitr is considered a fulfillment of this condition. Books needed for profession, study, or research, usual and customary amount of lawful jewelry, means of transportation, etc., are all included into essential needs.19

Debts that are not due by the day of 'Id are disregarded in determining zakatability with respect to zakah of al fitr; i.e. a person who has excess above the 'Id day's food, but this excess is required to pay a debt that is due by that day is exempt from zakah.

Deferred debts do not obstruct zakatability, because zakah of al fitr is emphasized and ascertained on every Muslim including the poor, unlike zakah on wealth, which is obligated on the rich only.