Fiqh Al Zakah by Dr. Yusuf al Qardawi

In the saying from Ibn 'Umar, "The Messenger of God (p) imposed . . . one sa' of dates or one sa' of barley . . . ." Abu Sa'id al Khudri said, "We used to pay zakah of breaking the fast of Ramadan, when the Messenger of God (p) was among us, with one sa' of food, one sa' of dried yogurt. We remained this way until Mu'awiyah came to us in Madinah and said, 'I think two mudd of the wheat of Syria is equivalent to one sa' of date.' People accepted that." Reported by the group, and the five reporters add, "Abu Sa'id says, 'but I continued paying it the same way I used to'." Thus, the indication of these two texts is that one sa' is obligatory for each person.

Al Dahlawi says zakah of al fitr is determined at one sa' because "this is sufficient for an average-size household; thus it provides satisfaction for the poor without burdening the payer."1 There is ijma' that from foodstuffs like date and barley, one sa' is obligatory. If wheat or raisin is given, one sa' is obligatory according to three schools of jurists, Abu Sa'id, Abu al Aliah, Abu al Sha'tha, al Hasan al Basri, Jabir bin Zaid, Ishaq, al Hadi, al Qasim, al Nasir, and al Mu'ayyad bi Allah.2

Their argument is derived from the above mentioned saying from Abu Sa'id. Al Nawawi says, "This saying makes two important points: One, the word 'food' is used in Hijaz to mean wheats, especially when the word is used in additive relation to other foodstuff, and second, it mentions several items whose values are different, which means that the quantity of one sa' is intended regardless of the value."3 Those who say it is one half a sa' have no evidence except the story of Mu'awiyah and a few other obviously weak sayings.4

As for the story of Mu'awiyah, the majority of scholars believe that it is at best the opinion of a Companion which is opposed by other Companions who knew the Prophet better than Mu'awiyah. However, the rule is that when the Companions disagree among themselves, additional evidence is needed, since the view of one of them does not have more weight than that of any other. The majority argues that the saying itself as well as the analogy are in support of one sa' of all food items mentioned, including wheat, and Mu'awiyah did say it was a personal view and not that he had heard it from the Prophet (p).5 Although ijtihd is always permissible, it is not acceptable when there is a text.6

Abu Hanifah and his disciples believe a half sa' of wheat is sufficient.7 This is also the view of Zaid bin 'Ali and Yahya.8 Ibn Hazm says, "it is correctly attributed to 'Umar bin 'Abd al 'Aziz, Taus, Mujahid, Sa'id bin al Musayyib, 'Urwah bin al Zubair, Abu Salamah bin 'Abd al Rahman, Sa'id bin Jubair, al Awza'i, al Laith, and Sufyan." Ibn Hazm also mentions reports from several Companions to the same effect, including Abu Bakr, 'Umar, 'Uthman, 'Ali, 'A'ishah, Asma bint Abu Bakr, Abu Hurairah, Jabir, Ibn Mas'ud, Ibn 'Abbas, Ibn al Zubair, Abu Sa'id. Ibn Hazm adds that reports from all of them are correct except those about Abu Bakr, Ibn 'Abbas, and Ibn Mas'ud.9

Abu Hanifah and his group provide the following to support their view:

Firstly, Abu Daud reports from 'Abd Allah bin Tha'labah that the Messenger of God (p) said, "sadaqah of al fitr is one sa' of wheat for each two persons."10 Al Hakim reports from Ibn 'Abbas, attributed to the Prophet (p) "Sadaqah of al fitr is two mudd of wheat." Two mudd is half a sa'. Al Tirmidhi has a similar saying from 'Amr bin Shu'aib from his father from his grandfather. Abu Daud and al Nasa'i report a mursal saying from al Hasan that "The Messenger of God imposed this sadaqah one sa' of date or barley, or half a sa' of wheat."11 And there are a few other sayings that, together, stand to restrict the general implications of the saying on the sa' by excluding wheat.12

Secondly, it is correctly reported that several Companions believed one half a sa' of wheat is obligated. Sufyan reports from 'Ali, "One half a sa' of wheat." It is also reported from the Four Successors and others.13 Depending on such reports, Ibn al Mundhir says, "We know of no correct report from the Prophet on wheat,14 which was not common in Madinah. When it became abundant during the era of the Companions, they made half a sa' of it equal to one sa' of barley. They are the leaders whose view must not be ignored." Ibn al Mundhir goes on to report via correct chains as described by al Hafiz, the same from 'Uthman, 'Ali, Abu Hurairah, Jabir, Ibn 'Abbas, Ibn al Zubair, and his mother Asma. Al Tahawi claims ijma' on this,15 but the disagreement of Abu Sa'id mentioned in the saying above disproves this claim. Moreover, Hanafites argue that Abu Sa'id comment, "I continue to pay it the same way I used to at the time of the Prophet" does not imply that one sa' of wheat is obligatory, and no one says one cannot pay more than one half; in fact the excess is voluntary charity.16

As for the interpretation of "food" in the saying from Abu Sa'id as wheat, it is not agreed upon. Ibn al Mundhir says "Some people think that food here means wheat, but this is wrong. Abu Sa'id first gives the aggregate term 'food' then its details. Al Bukhari reports through Hafz bin Maisarah, 'Abu Sa'id said, "We used to pay at the time of the Prophet one sa' of food on the day of fitr. Our food was barley, raisin, dried yogurt, and date." This is also reported by al Tahawi via another chain with the addition of "We used not to pay any thing else."17 Ibn Khuzaimah reports from Ibn 'Umar "The sadaqah at the time of the Messenger of God (p) was nothing but date, raisin, and barley, but not wheat." And Muslim reports from Abu Sa'id, "We used to pay out of three items: one sa' of date, one sa' of dired yogurt, or one sa' of barley." Al Hafiz, says, "All these narrations indicate that the word 'food' in the saying from Abu Sa'id does not mean wheat. Food may also mean corn, since it was commonly known in Hijaz too." Al Jawzaqi reports via Iad from Abu Sa'id "one sa' of date, one sa' of corn . . . ."18

From all these arguments and evidence, it seems that wheat was not a common food in Hijaz at the time of the Prophet, so he did not impose one sa' on it. The saying reported by al Bukhari from Ibn 'Umar supports this, since it reads ". . . one sa' of date or one sa' of barley. People considered this equivalent to two mudd of wheat, " and in another version "People considered it equivalent to half a sa'."19 Ibn al Qayyim quotes Abu Daud, "It is known that 'Umar made one half of a sa' of wheat equal one sa' of these other things."20 It is however, mentioned in the two correct collections that Mu'awiyah was the one who did this. There are several mursal sayings that strengthen one another. Ibn al Qayyim then refers to the saying from Ibn Abi Saghir and adds that al Hasan al Basri says, "At the end of Ramadan, Ibn 'Abbas gave a speech from above the minbar [stand of the speaker] in Basrah saying, 'Pay the sadaqah of your fasting.' People seemed not to have understood. Then he added, 'Who here is from Madinah?

Stand up and teach your brothers, since they do not know. The Messenger of God (p)

imposed this sadaqah, one sa' of date or barley, or half a sa' of wheat, on each free person or slave, male or female, young or old . . . .' Then when 'Ali came and noticed the low prices, he said, 'God has given you prosperity; would you not make it one sa' of anything?'" Reported by Abu Daud and al Nasa'i.22 Ibn al Qayyim adds, "Our teacher, Ibn Taimiyah, inclines toward this view, saying it is consistent with Ahmad's view about kaffarat, in which he equates half a sa' of wheat to one sa' of other things."23

It seems that sayings in support of the one half sa' of wheat when thoroughly scrutinized, are not weak to the extent of being rejected, nor are they well-known among the Companions. If these sayings were strong enough, they would be known to Ibn 'Umar, Abu Sa'id, Mu'awiyah, and those who heard them. It is also obvious from the text that Mu'awiyah equated half a sa' of wheat to one sa' of others on the basis of value.

Abu Sa'id says, "That is the valuation of Mu'awiyah, which I do not accept or follow."24

It gives comfort of mind to remember that the sa' of other foodstuffs is clearly ordained in the saying, while nothing perfect is reported on wheat. The question of Mu'awiyah is based on prices which may differ from time to time, and if the principle of value is applied, it may give inconsistent results today, since, e.g., the price of one sa' of date today equals the price of several sa' of wheat.25

With the above in mind, it seems the only way out of this dispute is to consider the obligation as one sa' of the most common items of foodstuff, and if wheat is more expensive than other items, half a sa' may be applied on wheat. In all cases, payment of one sa' is always better.

Strangely enough, some Malikite writings express dislike of giving more than one sa', since a sa' is the Shari'ah prescription and it should be binding just as it is disliked to increase in worships.26 This argument is not very convincing, since though it is a worship, zakah is also a socio-financial obligation, so paying more than is due does not sidetrack it from its objectives; in fact, it is better. The Qur'an says "Whoever volunteers more, it is indeed better for him,27 in regard to compensation payment for breaking the fast of a day of Ramadan (which is the food for a person in need.) Ahmad and Abu Daud report from Ubai bin Ka'b that the required amount of zakah due from a certain man was one one-year-old she-camel, but he wanted to give a better she-camel to the collector, saying that the required one was too young to be used for riding or to give milk, but Ubai [the collector] refused to accept it, and they went to the Prophet (p) for judgement. The Prophet said, "This is what is obligated on you, but if you want to volunteer more, God shall reward you for it, and we accept to take it." Then he ordered the bigger camel to be accepted and prayed God to bless the man's wealth.28

The above clear text indicates that giving more than is due is acceptable and rewardable. 'Ali says, "if God gives you prosperity, you should also give more."

It was shown in volume one of this book that one sa' equals 2176 grams if measured in wheat. Since the sa' is a volume measure, if an item heavier than wheat is used (e.g.

rice) more than 2176 grams should be given in order to make the volume of one sa'. Al Nawawi argues that the sa', being a measure of volume, need not be estimated in weight, since food items have different weights; thus, a quantity equal to the volume measure of one sa' must be given, regardless of its weight.29 Ibn Hazm adds that according to the residents of Madinah, a sa' is 5.33 ratl (in weight) but it differs from one item to another.30

The sayings on zakah of al fitr mention a few food items, namely date, barley, raisin, and dried whole-milk yogurt. Some of their versions add wheat and corn. Are these the only kinds that can be paid? Malikites and Shafi'ites argue that these kinds are mentioned only as examples, and the requirement can be paid in the form of the most common food items in the payer's area or the most common food .the payer usually eats, according to some. Many Malikites believe that the month of Ramadan is the time during which the most common food item is determined,31 while some Shafi'ites determine the most conmon food item on the day of 'Id al fitr,32 as long as it is eaten by most people. If several kinds are equally common, any of these kinds is suitable.

Certainly, it is preferred to give the best among them.33

On the other hand, Hanbalites believe fitrah can only be-paid in the form of one of the five items mentioned above, as long as paying one of them is available and affordable.34 Abu Hanifah and Ahmad are quoted as permitting payment in the form of flour.35

It seems that the Prophet (p) mentions these items merely as examples, since they were the foodstuffs known to the Arabs at his time. Consequently, if rice or corn are more used in certain lands today, payment of zakah of al fitr must be in their forms.

Ibn Hazm argues that only date or barley is acceptable as payment on the grounds of a report from Abu Mujliz that "I asked Ibn 'Umar, 'God gave us prosperity; is not wheat better than date in payment of fitrah?' He said 'My colleagues went their way and I like to follow it.'"36 Ahmad Shakir comments that taking all the sayings on the matter together makes it clear that Ibn Hazm's argument is groundless. Mu'awiyah, for example, suggested wheat and no Companion objected to it. (Although Abu sa'id objected to the reduced quantity, he did not disapprove the kind.) The report from Ibn 'Umar given by Ibn Hazm is no evidence, since, in his personal action, Ibn 'Umar is known to be very particular in following literally the footsteps of the Prophet (p)

without criticizing other Companions as long as what they do is permissible. Zakah of al fitr is legislated in order to make the poor happy on the day of the feast and giving an item like date or barley in a country where people are not accustomed to eating them does not solve the poor person's problem.37

The three leading scholars do not approve of payment in value. When Ahmad was asked about payment of zakah of al fitr in money, he answered, "I am afraid it is not satisfactory, since it is in opposition to the tradition of the Messenger of God." When he was told that it is said 'Umar bin 'Abd al 'Aziz used to accept money as payment of this zakah, Ahmad said, "Would they abandon the saying of the Messenger of God for the saying of someone else? Ibn 'Umar said 'The Messenger of God (p) imposed zakah of al fitr . . . .' and God says 'Obey God and obey the Messenger.'"38 This is also the view of Malik and al Shafi'i.39 Ibn Hazm shares the same view, on the grounds that money is only a substitute payment, and a substitute is not valid except by mutual agreement.

Since zakah is due to God, one cannot negotiate a substitute.40

On the other hand, al Thawri, Abu Hanifah, and his disciples believe it is permissible to pay zakah of al fitr in value. This is also reported from 'Umar bin 'Abd al 'Aziz and al Basri.41 Ibn Abi Shaibah reports from 'Awn, "I heard the letter of 'Umar bin 'Abd al 'Aziz being read to 'Adi in Basrah (where he was governor). It said that one-half a dirham per person must be taken from all salary earners."42 Al Hasan is reported as saying, "It is permissible to pay zakah of al fitr in dirhams."43 Abu Ishaq says, "I attended their (the predecessors) paying of the zakah of Ramadan is dirhams,"44 and 'Ata is reported to have given zakah of al fitr in silver currency.45

This view is supported by the following:

A. The saying of the Prophet "Make them (the poor) rich on this day." Enriching them can be done by giving money as much as by giving food, more so since the poor and destitute need clothing and other materials in addition to food.

B. The Companions allowed giving one half a sa' of wheat in place of the foodstuffs mentioned in the saying. This is obviously based on the value, as explained by Mu'awiyah: "I think half a sa' of wheat from Syria equals one sa' of date." C. It is easier, especially nowadays, to give money than foodstuffs, and most useful to the poor in most countries.

Lastly, It seems to me that the Prophet (p) mentions certain food items simply because paying them was easier during his time, since currency was scarce and its value not constant.

At the end of this chapter, three points need to be explained: First, Abu Hanifah and Abu Yusuf argue that when money is paid, its amount must equal the value of the required amount of wheat, barley, or date, while Muhammad believes only the value of wheat is considered. In my opinion, the value of the most common food item is the determinant of the required amount of money.46 Second, when zakah of al fitr is paid in kind in the form of any of the items mentioned in the saying, the amount required is one sa' (or one-half a sa' for wheat) regardless of the relative value of the item selected as payment.47 Third, Hanafites do not agree on which is better, payment in money or payment in kind. Their argument is based on which method is more beneficial for the poor.48 Consequently, in cases where money is more useful to the poor, payment must by done in cash, and vice versa.