Part 33

“By Allah! I will fight those who differentiate between Prayer and Zakah.”’

“..But if they should repent, establish prayer, and give Zakah, let them [go] on their way...” (Qur'an: At-Tawbah: 5)

“Islam is based on (the following) five (principles): (i) to testify that there is no deity but Allah and that Muhammad is the Messenger of Allah; (ii) to perform the (compulsory congregational) Prayers dutifully and perfectly; (iii) to pay Zakah...”

Muslim scholars have unanimously agreed that Zakah is an obligatory act and that it is the third pillar of Islam, and he who denies this is considered a disbeliever, and whoever refrains from giving it is to be fought.

Zakéh was enjoined in the second year of Hijrah of the Prophet (PBUH) (Immigration to Medina). Allah’s Messenger (PBUH) sent Zakdh collectors to receive it, in order to deliver it to those who deserve it. The same was done by the Rightly-Guided Caliphs and Muslims after the Prophet (PBUH).

Paying Zakah is an act of benevolence toward the people, a means of purifying the property from defilement, a protection against destruction, and a worship of the Lord, Exalted be He. Allah, Exalted be He, says:

“Take, [0 Muhammad], from their wealth a charity by which you purify them and cause them increase, and invoke [Allah's blessings] upon them, Indeed, your invocations are reassurance for them. And Allah is Hearing and Knowing.”

Hence, it purifies the souls from stinginess and avarice, and it is also a trial to the rich person since he approaches Allah by giving some of his property that he likes.

Allah has enjoined Zakéh on the property that can provide sustenance to othersand which multiplies and incurs much profit (i.e. that which spontaneously multiplies as cattle and harvest, and which multiplies by investment and management like gold, silver and trading commodities). Moreover, Allah has

ordained the amount of Zakdh according to the effort exerted in the property from which itis paid, so He enjoined one-fifth on rikaz (buried wealth). However, Allah enjoined one-tenth to be paid as Zakah on the property which needs more effort such as the land watered without exerting too much effort. Moreover, in properties that need much effort, one-twentieth (5%) is to be given as Zakah. In addition, for what involves much effort and difficulty, as in money and trading commodities, one-fortieth (2.5%) is to be paid.

Allah has called Zakdh by that name, as this word, in Arabic, means purifying the soul and the money. It is not a fine or a tax that reduces the property and harms its owner. Contrarily, it makes the property grow more. Allah's Messenger (PBUH) said:

Zakéh, according to Shari‘ah (Islamic Law), is a rightful obligation on a special property of a particular group of people to be paid at a particular time. The time when Zakaht is to be paid is:

+ When a complete year passes with regard to cattle, money, and trading commodities

+ When grains become hard and the signs indicating ripeness appear, with regard to fruits

+ With regard to honey, Zakah is to be paid when it reaches the amount liable for Zakah

+ The mining of minerals upon which Zakdh is to be paid, with regard to minerals

+ Concerning Zakdtul-Fitr (Fast-breaking Zakdh), it is to be paid after the sun sets of the vigil of the Fast-breaking Feast ( Idul-Fitr) but before performing the Feast Prayer’

Being a free person: Zakdh is not imposed on a slave, because he possesses no property, and what is in his hand belongs to his master; therefore, his master is the one who must pay his Zakah.

Being a Muslim: The second condition is that the owner of the property must be a Muslim, as Zakah is not imposed on a disbeliever. A disbelieving person is not asked to pay it, because it is an act of approaching Allah as well as

an act of showing obedience, and the disbeliever is not amongst those people close and obedient to Allah. It also needs intention, which is impossible to arise from a disbeliever.

Whether it is to be imposed on the disbeliever or not and whether he is to be punished particularly in the Hereafter for not paying it or not, it is still a controversial issue among scholars. Furthermore, in the hadith narrated by Mu ‘adh (may Allah be pleased with him) in which the Prophet (PBUH) said to him:

“.. Invite the people to testify that there is no deity but Allah and I am the Messenger of Allah.”

Then the Prophet (PBUH) added after he had mentioned performing Prayer:

“\.. If they obey you to do so, then tell them that Allah has made it obligatory for them to pay Zakah from their property and it is to be taken from the wealthy among them and given to the poor.”

Thus, the Prophet (PBUH) made the conversion to Islam a prerequisite for the obligation of Zakah.

Having the nisdb*: The third condition is the possession of the nisdb; thus, no Zakah is due upon what is less than the nisdb. It does not make any difference whether the possessor of the nisdb is old or young, sane or insane, as the legal proofs pertaining to this are general, i.e. there is no specification mentioned in this regard.

Being an established owner of the property: The fourth condition is that the ownership of the property must be settled, so that none lays claim to it. Thereupon, no Zakah is due upon a property whose ownership is not established, such as the debt of a mukdtab,’ since the mukétab still has the right not to fulfill the agreement.

The elapse of a full lunar year on the property: The fifth condition is that a year must lapse on the property, owing to the hadith of ‘Xishah (may Allah be pleased with her) saying:

“No Zakah is to be taken from a property until a year passes on it.”

(Related by Ibn Majah, and Al-Tirmidhi has related its meaning as well)’.

This is concerning what does not issue from the land as grains and fruits. However, as for what is produced from the land, Zakdh is entailed upon it whenever it exists. Thus, the lapse of a year is irrelevant for it, whereas the completion of a year remains stipulated with regard to money, cattle and trading commodities, as a kind of leniency toward the owner in order that the property can grow.

As for the offspring of cattle liable to Zakah and the profit gained in trade, the lapse of the year is to be counted with regard to the original capital. Thus, it is not necessary that a complete year passes on the offspring of cattle or the profit if their original capital has reached the nisab. If it has not, the year is to be estimated from the time they complete the nisdb.

As for the creditor of an insolvent person, the creditor is to pay the due Zakah of the debt when he receives it in case the debt has remained for a whole year with the indebted. This is according to the soundest opinion of scholars. However, when being the creditor of a rich solvent person, the creditor is to pay Zakah due upon this property each year.

Moreover, no Zakah is due upon any property set for possession or usage such as one’s dwelling house, clothes, the furniture, the vehicles and the animals prepared for riding and usage. As for what is set for rent as vehicles, stores and houses, no Zakdh is due upon its original capital but Zakaéh is due upon the rent paid for such a property if it reaches the nisab alone or by adding it to another estate and a complete year lapses.

As for the one upon whom Zakéh is obligatory and he dies before paying it, it must be paid from his inheritance and is not annulled by his death. This is because Allah’s Messenger (PBUH) says: .

“..Allah’s debts have more right to be paid.” (Related by Al-Bukhari, Muslim and other compilers of Hadith)’

The inheritor or others are to pay it from the inheritance of the deceased because it is a due right and it is not annulled by death. Furthermore, it is a debt obligatory upon the deceased and he must be absolved from it.

3 Ahmad (17954) [4/231] and Al-Tirmidhi (2330) [4/562]. See also Muslim (6535) [8/357], Ahmad (7205) [2/236], (8986) [2/387] and Al-Tirmidhi (2034) [4/376].

4 It is permissible to give Zakdtul-Fifr (Fast-breaking Zakah) any time during the month of Ramadan.

7 Mukdatab: A slave who has concluded a contract with his/her master to pay him a certain ransom for his/her freedom.

9 Al-Bukhari (1953) [4/245] and Muslim (2688) [4/266]. See also Al-Bukhari (7315) [13/362].

Among the properties upon which Allah has imposed Zakéh, are the grazing animals and livestock, namely camels, cows and sheep. Moreover, it is foremost among the properties dictating the payment of Zakah. Many recurrent sahih (authentic) hadiths of the Prophet (PBUH) indicate paying Zakah with respect to the grazing animals and livestock. His messages concerning it as well as the messages of his caliphs are well-known and famous in illustrating its enjoined rules. The Prophet (PBUH) also sent the collectors of Zakah to collect it from the Arab tribes around Medina and other places all along the stretch of the Muslim lands.

Thus, Zakah is obligatory in case of camels, cows and sheep on two conditions:

The first condition: They must be used for producing milk and for reproduction, not for toil, because in the former case their benefits multiply

and they thrive by growing big and giving offspring, so they can provide sustenance to others.

The second condition: They must be grazing livestock (i.e. feed on herbage in a field or on pastureland), on account of the hadith of Allah's Messenger (PBUH) in which he says:

“Concerning the (grazing) livestock, a twoyear-old she-camel is to be paid (as Zakah) on every forty camels.”

Thus, the livestock must be grazing, as no Zakah is due upon animals that are fed with fodder bought for them or picked from herbage or another place; that is in case they are fed throughout the year or most of it.

If these conditions are fulfilled, a sheep is to be given as Zakdh for every five camels, two sheep in case they are ten camels, three in case they are fifteen camels and four in case they are twenty camels, as indicated by the Sunnah (Prophetic Tradition) and the consensus of Muslim scholars.

In case the number of the camels reaches twenty-five camels, a one-yearold she-camel is to be given as Zakah., In this age, its mother most probably becomes pregnant; nevertheless, the mother’s pregnancy is not a condition. If there is not a one-year-old she-camel, a two-year-old male camel may serve instead of it. This is based on the hadith narrated by Anas on the authority of Abi Bakr (may Allah be pleased with him) in which he says:

“\.. If there is not a she-camel in its second year, so a two-year-old he-camel (is to be paid as Zakah).”

If the number of camels reaches thirty-six, a two-year-old she-camel (the offspring of a milch she-camel) is to be given as Zakéh. This is based on the hadith narrated by Anas on the authority of Abit Bakr concerning Zakah, in which he says:

“..-If the number of the camels is from thirty-six to forty-five, one two-year-old she-camel is to be paid.”

This is indicated by the consensus of Muslim scholars. The two-year-old she-camel is the offspring of a milch she-camel and it is named so because its mother most probably has delivered its baby and has become a milch camel. Still, it is not a condition that its mother be a milch camel but it is a prevalent definition for it.

If the camels reach forty-six, a three-year-old she-camel is to be given as Zakéh. By attaining such age, it becomes mature enough to be fertilized by the male, to carry loads and to be ridden.

If the camels reach sixty-one, a four-year-old she-camel is to be given as Zakéh. When the camel reaches this age, its teeth begin to fall. This is due to what is related in Sahih Al-Bukhdri (Al-Bukharis Authentic Book of Hadith) from the hadith of Allah’s Messenger (PBUH) which reads:

“If the camels are from sixty-one to seventy-five, one she-camel in its fifth year is to be given (as Zakah).”"

If the number of camels reaches seventy-six, two she-camels of two-yearold (the offspring of a milch she-camel) are to be given as Zakah. This is based on the sahih (authentic) hadith in which Allah's Messenger (PBUH) says:

“lf the number is from seventy-six to ninety (camels), two shecamels in their third year are to be given (as Zakah)?”

If the camels reach ninety-one, two three-year-old she-camels are to be paid as Zakéh. This comes from the sahih (authentic) hadith which says:

“...If they are from ninety-one to one hundred and twenty (camels), two she-camels in their fourth year are to be given (as Zakah).”

If the number of camels surpasses one hundred and twenty, three twoyear-old she-camels (the offspring of a milch she-camel) are to be given as Zakah. This is based on the hadith the Prophet (PBUH) wrote concerning Zakah, and which says:

“_.-If they are over one-hundred and-twenty (camels), for every forty a two-year-old she-camel is to be paid; or for every fifty camels a three-year-old she-camel is to be given (as Zakah).”

As for cows, Zakah is to be paid according to legal texts and the consensus of Muslim scholars. It is related in the Two Sahihs that Jabir narrated:

“I heard Allah's Messenger (PBUH) saying, ‘No owner of camels, or cattle or sheep and goats, who does not pay the due Zakéh but these (camels, cattle, sheep and goats) will come on the Day of Resurrection

having more flesh and will gore him with their horns and trample on him with their hooves. ””

“When the Prophet (PBUH) sent me to Yemen, he ordered me to take a one-year-old male or a female calf for every thirty cows, and (also to take) a two year-old cow for every forty.”

So, if the number of the cows reaches thirty, a male or female one-year-old calf is to be given as Zakah. Nothing is due in what is less than thirty cows, according to the hadith narrated by Mu’ adh (may Allah be pleased with him) who said:

“When Allah’s Messenger (PBUH) sent me to Yemen (to collect Zakah), he ordered me not to take anything (as Zakaéh) for cows until they reach thirty (in number):*

If the number of cows reaches forty, a two-year-old cow is to be given as Zakah. This is also according to the hadith narrated by Mu’ adh (may Allah be pleased with him) who said:

“The Prophet (PBUH) sent me to Yemen (to collect Zakah) and ordered me to take a one-year-old male or a female calf for every thirty cows, and (also to take) a two-year-old cow for every forty.”

(Related by the Five Compilers of Hadith and deemed sahih (authentic) by Ibn Hibban and Al-Hakim)’

If the number of cows surpasses forty, a one-year-old calf is to be given as Zakah for every thirty cows, or a two-year-old cow for every forty.

Giving Zakah from sheep is obligatory according to the Sunnah (Prophetic Tradition) and the consensus of Muslim scholars. In the Two Sahihs, Anas narrated that Abdi Bakr (may Allah be pleased with him) wrote to him saying:

“These are the orders for Zakah which Allahs Messenger (PBUH) had made obligatory for Muslims, and which Allah had ordered His Messenger to observe...”

“As regards Zakah for the (flock of) sheep, if they are between forty and one hundred and twenty sheep, one sheep is to be given (as Zakah).”

If the number of sheep reaches forty (whether they are sheep or goats), one sheep (or goat) is to be given as Zakah. It must be a six-month old sheep in case of sheep, or one-year-old goat in case of goats. This is according to the hadith narrated by Suwayd Ibn Ghaflah who said:

“The collector of Zakah sent by Allah’s Messenger (PBUH) came to us and said, ‘We are ordered (by the Prophet) to take from what completed six months of age of sheep; and to take what completed one year old of goats.”

No Zakah is to be taken from sheep if the number is less than forty. This is based on the hadith of Aba Bakr (may Allah be pleased with him), related in Sahih Al-Bukhéri (Al-Bukhari’s Authentic Book of Hadith), which says: