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Fiqh Al Zakah4 min readViewed 5 times

7.4 Chapter Four Time Of Payment


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

The last time for payment

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.

Footnotes.

1. Al Mughni, Vol. 3, pp. 67-68.

2. Bidayat al Mujtahid, Vol. 1, p. 273.

3. Sura al A'la, 87:14-15.

4. Nail al Awtar, Vol. 4, p. 195.

5. Al Shafi'i and Abu Daud describe him as a "cornerstone of falsehood." See al Mizan, Vol. 3, pp. 406-407, Tahdhib al Tahdhib, Vol. 8, pp. 421-423, al Tarikh of al Bukhari, Vol. 4, p. 217, al Jarh wa al Ta'dill, Vol. 2, p. 154, and al Mustadrak, Vol. 1, p. 128.

6. Al Muhalla, Vol. 6, p. 143.

7. Nail al Awtar, Vol. 4, p. 195.

8. Al Muhalla, Vol. 6, p. 143 The view of Ibn Hazm coincides with that of the Imami school; see Fiqh al Imam Ja'far, Vol. 2, p. 106.

9. Al Sharh al Kabir with Hashiat al Dusuqi, Vol. 1, p. 508.

10. Al Mughni, Vol. 3, pp. 58-69.

11. Al Bahr, Vol. 2, p. 196.

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Chapters (60)
  1. 1Author Introduction
  2. 2Author's Approach And Plan Of This Study
  3. 4The Words: Zakah And Sadaqah
  4. 51. Part One : The Obligatory Nature Of Zakah And Its Place In Islam
  5. 61.1 Zakah After Fasting
  6. 72. Part Two: On Whom Is Zakah Obligatory
  7. 82.1 Zakah Is Not Required From Non-muslims
  8. 92.2 Zakah On Children And The Insane
  9. 103. Part Three: Zakatable Wealth In Terms Of Its Amount And Ratios
  10. 113.1 Chapter One Zakatable Assets
  11. 123.2 Chapter Two Zakah On Livestock
  12. 133.3 Chapter Three Zakah On Gold And Silver
  13. 143.4 Chapter Four Zakah On Business Inventory
  14. 153.5 Chapter Five Zakah On Agriculture
  15. 163.6 Chapter Six Zakah On Honey And Animal Products
  16. 173.7 Chapter Seven Zakah On Minerals And Sea Products
  17. 183.8 Chapter Eight Zakah On Exploited Assets
  18. 193.9 Chapter Nine Zakah On Earnings Of Laborers And Professionals
  19. 203.10 Chapter Ten Zakah On Shares And Bonds
  20. 214. Part Four Zakah Distribution
  21. 224.1 Chapter One The Poor And The Needy
  22. 234.2 Chapter Two Zakah Workers: Managerial And Financial Apparatus
  23. 244.3 Chapter Three Those Whose Hearts Are Being Reconciled
  24. 254.4 Chapter Four Liberating Slaves
  25. 264.5 Chaptar Five Persons Under Debt
  26. 274.6 Chapter Six For The Sake Of God
  27. 284.7 Chapter Seven The Wayfarer
  28. 294.8 Chapter Eight Issues Related To The Deserving Categories
  29. 304.9 Chapter Nine Categories To Whom Zakah Must Not Be Paid
  30. 315. Part Five Methods Of Zakah Distribution
  31. 325.1 Chapter One The Role Of The State
  32. 335.2 Chapter Two The Place Of Intention In Zakah
  33. 345.3 Chapter Three Payment In Value
  34. 355.4 Chapter Four Transporting Zakah
  35. 365.5 Chapter Five Pre-payment And Delayed Payment Of Zakah
  36. 375.6 Chapter Six Questions About Zakah Fulfillment
  37. 386. Part Six Objectives Of Zakah And Its Effects On The Individual And Society
  38. 396.1 Chapter One Objectives Of Zakah And Its Effects On The Individual
  39. 406.2 Chapter Two Objectives Of Zakah In Society
  40. 417. Part Seven Zakah Of Fast-breaking [zakah Of Al Fitr]
  41. 427.1 Chapter One Meaning, Rulings, And Justification Of Fast-breaking Zakah
  42. 437.2 Chapter Two On Whom Is It Obligated?
  43. 447.3 Chapter Three Amount And Kind Of Zakah Of Al Fitr
  44. 457.4 Chapter Four Time Of Payment
  45. 467.5 Chapter Five Recipients Of Zakah Of Al Fitr
  46. 478. Part Eight Dues And Taxes Other Than Zakah
  47. 488.1 Chapter One The Opinion That There Are No Other Financial Dues Beside Zakah
  48. 498.2 Chapter Two The View That Other Dues Besides Zakah May Be Imposed
  49. 508.3 Chapter Three Discussion And Analysis
  50. 519. Part Nine Zakah And Taxes
  51. 529.1 Chapter One The Essence Of Each Of Zakah And Taxes
  52. 539.2 Chapter Two Theoretical Foundation For Levying Taxes And Zakah
  53. 549.3 Chapter Three Assets Subject To Zakah And To Taxes
  54. 559.4 Chapter Four Principles Of Levying Taxes And Zakah
  55. 569.5 Chapter Five Proportionality And Progressiveness Of Taxes And Zakah
  56. 579.6 Chapter Six Enforcement Of Taxes And Zakah
  57. 589.7 Chapter Seven Is It Permissible To Levy Taxes Beside Zakah?
  58. 599.8 Chapter Eight Can Taxes Substitute For Zakah?
  59. 609.9 Epilogue
  60. 61Index