Obligation of paying Zakah and its evidence

(Part No. 9; Page No. 164)  (Part No. 9; Page No. 165)  Book on Zakah (Part No. 9; Page No. 166)  Rulings related to Zakah Fatwa no. 2262 Praise be to Allah Alone, and peace and blessings be upon the final Prophet. The Permanent Committee for Scholarly Research and Ifta' has read the document sent to the committee's Chairman from the Saudi deputy Vice-Minister for Foreign Affairs. The document includes the Jeddah based Pakistani Embassy's request that the Saudi Ministry of Foreign Affairs provide them with necessary information about Zakah, definition of Nisab (the minimum amount on which Zakah is due), and the channels in which it can be used. They would like the answer to be in English in order to benefit from it to conduct a study on Zakah and how it can be applied in Muslim countries at the present time. The Pakistani government is intending to collect Zakah according to the rulings of Shari`ah (Islamic law).The deputy Minister of Foreign Affairs has asked the Committee to provide him with this information if possible.

After studying the question, the Committee gave the following answer: Zakah is one of the pillars of Islam and there is much to be said about it. (Part No. 9; Page No. 167) And the Committee has chosen to discuss the following points: Evidence on the obligation of Zakah, the Nisab and the paid amount of Zakah, the conditions that make Zakah obligatory, and those who deserve to receive ZakahHere are these points in details: Firstly: Evidence on the obligation of Zakah: Zakah is one of the five pillars of Islam and it is obligatory according to the Qur'an, the Sunnah (whatever is reported from the Prophet) and Ijma` (consensus) of Muslim scholars. In the Qur'an, Allah (Exalted be He) says: And perform As-Salât (Iqâmat-as-Salât), and give Zakât and obey the Messenger (Muhammad صلى الله عليه وسلم) that you may receive mercy (from Allâh). He also says: Take Sadaqah (alms) from their wealth in order to purify them and sanctify them with it And Allah says as well: And those who hoard up gold and silver [Al-Kanz: the money, the Zakât of which has not been paid] and spend them not in the Way of Allâh, announce unto them a painful torment. On the Day when that (Al-Kanz: money, gold and silver the Zakât of which has not been paid) will be heated in the Fire of Hell and with it will be branded their foreheads, their flanks, and their backs, (and it will be said unto them): "This is the treasure which you hoarded for yourselves. Now taste of what you used to hoard." So, any money upon which Zakah is payable and it has not been paid is considered Kanz whose owner will be tortured with it on the Day of Resurrection. There are many Ayahs (Qur'anic verses) that confirm the obligation of Zakah, but the Ayahs we mentioned are sufficient evidence. (Part No. 9; Page No. 168)  Many Hadith also confirm the obligation of Zakah, such as those related in the Two Sahih (authentic) Books of Hadith (i.e. Al-Bukhari and Muslim) and many others. It is related that the Messenger of Allah (peace be upon him) said: "Islam is based on five pillars: Testimony that La ilaha illa Allah Muhammad rasul Allah (there is no god but Allah. Muhammad is the Messenger of Allah); performing Salah (Prayer), giving Zakah (obligatory charity), performing Hajj (Pilgrimage), and observing Sawm (Fast) in Ramadan." Mu`adh Ibn Jabal (may Allah be pleased with him) narrated that The Prophet (peace be upon him) sent him to Yemen and said to him: "… teach them (the people of Yemen) that Allah has made it obligatory for them to pay Zakah on their property and it is to be taken from the wealthy among them and given to the poor." (Related by Al-Bukhari and Muslim in their Two Sahih (authentic) Books of Hadith. It was also narrated that the Messenger of Allah (peace be upon him) said: "I have been ordered (by Allah) to fight against the people until they testify that none has the right to be worshipped but Allah and that Muhammad is the Messenger of Allah, and offer the prayers perfectly and give the Zakah (the obligatory charity). If they (Part No. 9; Page No. 169) do all that, then they have protected their lives and property from me except for [that which is taken as punishment according to Islamic laws], and then their reckoning (accounts) will be done by Allah." (Agreed upon by Al-Bukhari and Muslim) As for Ijma`, Muslim scholars agree on the obligation of paying Zakah. Secondly: The Nisab and the paid amount of Zakah: Zakah is due on livestock, crops, silver, gold, and commercial commodities. Livestock includes camels, cows and sheep and Zakah is only due on those animals that are grazing in the open most of the year and that have been in one's possession for a year. The Nisab of camels on which Zakah is due is 5 camels and in this case their Zakah is one sheep. The Zakah due on 10 camels is 2 sheep. Likewise, the Zakah due on 15 camels is 3 sheep and on 20 camels is 4 sheep. If, however, the number of camels reaches 25, the Zakah to be paid is one Bint Makhad (a one-year-old she-camel). If it is not available, one Ibn Labun (a two-year-old he-camel) will be sufficient. In the case of 36 camels, the Zakah is one Bint Labun (a two-year-old she-camel). If the number of camels is 46, the due Zakah is Haqqah (a three-year-old she-camel). If the number of camels reaches 61, the Zakah is one Jadh`ah (a four-year-old she-camel). If the number of camels is 76, the Zakah is two Bint Labuns. (Part No. 9; Page No. 170) If one owns between 91 and 120 camels, the Zakah due on them is two Haqqahs. If the number of camels is above 120, the due Zakah is one Bint Labun for every increment of 40 camels and a Haqqah for every increment of 50 camels. If the number of camels is 200, one can either pay 4 Haqqahs or 5 Bint Labuns. There is nothing additional to be paid in numbers of camels between the regulated numbers. If one does not find a she-camel of certain age to pay as Zakah, they can pay a younger one along with two female sheep or 20 dirhams, but if they pay an older one, the Zakah collector, then, will pay them twenty dirhams or two female sheep.The original rule for the Zakah on camels is based on the Hadith related by Anas (may Allah be pleased with him) in a letter sent to him by Abu Bakr Al-Siddiq (may Allah be pleased with him) upon appointing him the ruler of Bahrain. The letter reads: In the Name of Allah, the Beneficent, the Merciful. These are the orders for the Zakah that the Messenger of Allah (peace be upon him) made obligatory on every Muslim, and which Allah ordered His Messenger (peace be upon him) to observe. Any Muslim who is asked to pay it should pay it and any Muslim who is asked for more than this should not pay it. If there are 24 camels or less, one sheep is to be paid for every 5 camels; between 25 to 35 camels, one Bint Makhad is to be paid, and if not, Ibn Labun is to be paid; and if they are between 36 to 45, one Bint Labun is to be paid; and if they are between 46 to 60, one Hiqqah which is ready to mate is to be paid; and if the number is between 61 to 75, one Jadh‘ah is to be paid; and if the number is between 76 to 90, two Bint Labuns are to be paid; (Part No. 9; Page No. 171) and if they are from 91 to 120, two Haqqahs which are ready to mate are to be paid; and if there are over 120, for every 40 (over 120) one Bint Labun is to be paid, and for every 50 camels (over 120) one Haqqah is to be paid; and any Muslim who has only 4 camels, has to pay no Zakah, but if the owner wants to give something, they can. If the camels are 5, one sheep is to be paid..." (Related by Al-Bukhari, Malik, and others) They regard this Hadith as a source of Zakah rulings, saying that it is a great authentic Hadith. Imam Ahmad said about it: "I know of no Hadith on Zakah better that this one. It shows that no Zakah is due on Awqas (any number between the regulated numbers)". Al-Bukhari also narrated that Anas (may Allah be pleased with him) said that Abu Bakr (may Allah be pleased with him) had written to him about the Zakah obligated by Allah and His Messenger saying: Anyone who has to pay one Jadh‘ah as Zakah on their camels but they have not got it, and they only got a Haqqah, it will be accepted from them along with two sheep if they are available or twenty dirhams. Anyone who has to pay one Haqqah as Zakah and they have not got it but they have a Jadh‘ah, it will be accepted from them, (Part No. 9; Page No. 172) and the Zakah collector should repay them twenty dirhams or two sheep. Anyone who has to pay one Haqqah as Zakah and they have not got it, but they have a Bint Labun, it will be accepted from them along with two sheep or twenty dirhams. Anyone who has to pay one Bint Labun and they have a Haqqah instead, it will be accepted from them and the Zakah collector should repay them twenty dirhams or two sheep. Anyone who has to pay one Bint Labun and they have not got it but they have a Bint Makhad, it will be accepted from them along with twenty dirhams or two sheep." Al-Daraqutny related that `Ubayd ibn Sakhr said: "The Messenger of Allah (peace be upon him) ordered his governors in Yemen that Awqas are to be exempted from Zakah." Similar Hadith is related in Al-Sunan (Hadith compilations classified by jurisprudential themes) on the authority of Ibn `Abbas. Al-Waqs is a number between two of the regulated numbers such as any number of camels between five and ten and it is exempted from Zakah. Also Abu Dawud, Al-Nasa'y, Ahmad, and others related that Bahz ibn Hakim related from his father who related from his grandfather that the Prophet (peace be upon him) said: "For every forty grazing camels, one Bint Labun is to be given (as Zakah)..." Al-Jawhary and others said: "In Arabic, 'Samat' means they graze and 'Asmat' means they are left to graze." Some scholars doubted Bahz, but Ibn Ma`in said the Sand (chain of narrators) of his related Hadith are reliable. Al-Hakim said that narrators agreed on the authenticity of the Hadith narrated by Bahz from his father from his grandfather. As for cows, there is no Zakah due on them until they reach 30 cows. In such case, (Part No. 9; Page No. 173) one Tabi` or Tabi`ah (a one year-old cow) is due. For every 40 cows, a Musinnah (a two-year-old cow) is to be paid as Zakah, and if the number of cows is 60, the Zakah is two Tabi'ahs. For every additional 30 cows, the Zakah is one Tabi'ah and for every additional 40 cows, the Zakah is one Musinnah. The original ruling is based on the Hadith related by Mu`adh Ibn Jabal (may Allah be pleased with him) who said: "The Messenger of Allah (peace be upon him) sent me to Yemen, and ordered me to take (as Zakah) one Tabi` or Tabi`ah for every 30 cows and one Musinnah for every 40 cows." (Related by Ahmad, Abu Dawud, Al-Nasa'y, Al-Tirmidhy and Ibn Majah) This Hadith was deemed as Hadith Hasan (good Hadith) by Al-Tirmidhy and as Hadith Sahih (authentic Hadith) by Al-Nasa'y, Ibn Hibban, and Al-Hakim. Abu Dawud added these words to the Hadith: "No Zakah is payable on working animals." This Hadith is deemed as Sahih by Al-Daraqutny. This means that no Zakah is due on animals used for irrigation, plowing the land, or carrying heavy burdens, though the apparent meaning of the Hadith refers to all cows, whether they graze or are stall-fed. The conditions of obligating Zakah on cows are similar to those confirmed in relation to camels and sheep from the Hadith related by Anas in Al-Bukhari book of authentic Hadith and the previous Hadith related by Bahz. (Part No. 9; Page No. 174)  As for sheep, there is no Zakah due on them until they reach 40. For sheep that are between 40 and 120, one sheep is due as Zakah. If the number of sheep is between 121 and 200, two sheep are due. If the number of sheep is 201, then three sheep are due. For every additional 100 sheep, one sheep should be paid. If the payable Zakah is a goat, it should be at least one year old and if it is a lamb, it should be at least two years. The sheep paid as Zakah should not be a he-goat, nor should it be old aged, or one-eyed or defective. Likewise, it should not be raising its young or pregnant, nor should it be the best among sheep, except if the owner prefers to give the best of their flock. The original ruling is based on the Hadith narrated by Anas ibn Malik (may Allah be pleased with him) in the letter about Zakah sent to him by Abu Bakr Al-Siddiq (may Allah be pleased with him) upon appointing him the ruler of Bahrain : These are the orders for the Zakah that the Messenger of Allah (peace be upon him) made obligatory on every Muslim...As regards the Zakah; if the grazing sheep are between 40 and 120, one sheep is to be paid; and if they are between 120 to 200, two sheep are to be paid; and if they are between 200 to 300, three sheep are to be paid. For each additional 100 sheep, one sheep is to be paid as Zakah. In case a person has less than 40 sheep, no Zakah is required, unless the owner wants to pay it, they can. Those which are in one flock are not to be separated, and those which are in separate flocks are not be brought together for fear of Zakah. Regarding that which belongs to two partners, they can make claims for restitution from each other with equity. The sheep paid as Zakah should not be old aged, one-eyed or defective, or a he-goat, unless the owner wants to pay that." (Related by Al-Bukhari Abu Dawud, Ibn Majah, Al-Tirmidhy, Al-Nasa'y (Part No. 9; Page No. 175) and others) Abu Dawud and others narrated that `Abdullah ibn Mu`awiyah Al-Ghadiry narrated that Allah's Messenger (peace be upon him) said: "We do not give (as Zakah) an animal that is aged, mangy or ill, or the worst of the flock. Instead, give those animals that are of medium quality, for Allah does not ask you for the best of your animals, nor does He command you to give the worst of them." If all of one's animals are aged or defective, they may be paid as Zakah, for the Zakah is meant to console the poor and there are many Hadith that show it should be taken from that which is in the middle range of what one owns - not from the best or the worst.