Fiqh Al Zakah by Dr. Yusuf al Qardawi

Muslims unanimously agree that zakah of al fitr is obligated upon the end of Ramadan, in accordance with the previously mentioned saying from Ibn 'Umar that "The Messenger of God (p) imposed zakah of fast-breaking of Ramadan . . . " However, they differ in regard to the exact time this obligation becomes due. Al Shafi'i, Ahmad, Ishaq, al Thawri, and Malik (in one narration) believe zakah of al fitr is due at sunset on the last day of Ramadan, i.e. when the last day ends. Abu Hanifah and his disciples, al Laith, Abu Thawr, and Malik (in another narration) say it is due at dawn on the day of the feast, since it aims at bringing happiness to the poor on that day.1 The difference has only one application: whether new born babies and persons who die during that night should be counted in calculating the amount of zakah.2

Al Bukhari and Muslim report from Ibn 'Umar "The Messenger of God (p) ordered zakah of al fitr paid prior to 'Id prayers." 'Ikrimah says "One should pay zakah before making the prayers. God says, 'But those will prosper who pay zakah, and gloriy the name of their Lord, and then pray.'"3 Ibn Khuzaimah reports from Kathir, from his father from his grandfather, that the Messenger of God (p) was asked about this verse and answered, "It was sent down in regard to zakah of al fitr."4 But this saying is weak because Kathir is very unreliable.5 Moreover, the verse is Makkan, while zakah of al fitr was imposed after the fasting of Ramadan was prescribed in Madinah. On the other hand, al Bukhari and Muslim report from Abu Sa'id, "We used to pay, during the lifetime of the Messenger of God (p) on the day of breaking the fast . . . .," I implying that all the day is time for payment.

Al Shafi'i suggests that this zakah can be paid during the whole day of 'Id, although the best time for payment is early morning before 'Id prayers. Agreeing with al Shafi'i the majority of scholars believe delaying payment until the time for 'Id prayers passes is undesirable, since zakah of al fitr is meant to enrich the poor on that day, so they must be given time to use it during the day itself.

Ibn Hazm says it is prohibited to delay payment until after the time of prayers, and that if zakah is not paid before prayers, it must nevertheless be paid later, because the due right to the poor must be fulfilled, despite the violation of God's right to payment before prayers.6 Al Shawkani argues that timing the payment before prayers is obligatory on the basis of the saying from Ibn 'Abbas, "He who pays it before prayers, for him it is acceptable as zakah, and for him who pays it after prayers it is a charity like other charities." Delaying zakah of al fitr until after the day of 'Id ends is unanimously considered sinful, in spite of the fact that it must be paid anyway.7

The question of whether zakah of al fitr can be paid before the day of 'Id also arises.

Ibn Hazm's answer is an absolute no.8 Ahmad argues that it is permissible to pay it one or two days before 'Id, on the grounds of the saying reported by al Bukhari from Ibn 'Umar that "The Companions used to give it away one or two days before 'Id." This is also the Malikite view.9 Some Hanbalites say it can be paid as early as the middle of the month of Ramadan. Al Shafi'i allows it to be paid as early as the beginning of Ramadan, since, according to him, the reason for its obligation is either fasting or breaking the fast, and ones either of these exists, zakah of al fitr can be paid.10 Abu Hanifah argues that, like zakah on wealth, zakah of al fitr can be paid as early as the beginning of the year.

Lastly, Zaidis allow payment two years in advance.11

It is noticeable that the view of Ahmad and Malik seems closer to fulfilling the objective of zakah of al fitr, although one must confess that starting the collection and distribution process in the middle of the month is easier and more convenient, especially if the state or a social organization takes this responsibility.