Miscellaneous Fatawa

There must be intentions to give Az-Zakah

Question :

Can I give some money in charity to someone who is needy while believing that it is from Az-Zakah or not?

Answer:

If you give anything of your wealth and place it in the hand of a poor person while intending that it is from Zakah on your wealth when you give it to him, then that fulfills the obligation of Az-Zakah.

The ruling on giving Az-Zakah of Wealth in the form of Food, Clothing or other things

Question :

Is it permissible to give the Zakah on wealth in another form, like food, clothing or other things that you buy and give to the people who are recipients of Az-Zakah? Is it permissible to give a portion of it to relatives, and what is the level of relationship (that qualifies)?

Answer:

It is good to give the Zakah of wealth from the kind of thing it is taken from, except for the business merchan- dise. The value of the items that are for sale and trade should be determined and Az-Zakah should be given from their value in cash. However, if the person giving Az-Zakah decides to purchase some necessary items for the poor with it, such as clothes, needed gifts and items that they are in need of, then it seems most likely that this is permissible. Then, verily Az-Zakah is paid to its people whom Allâh mentioned, even if they are relatives. Rather, it is preferred to give it to the relative if his need is more severe, as long as there is no favoritism involved and special treatment for him instead of someone who has more right to receive it than him who is is not a relative. It is not permissible to pay Az-Zakah to someone whom the giver of the Zakah may inherit from after death, nor to parents, grand- parents, children and grandchildren.

His hobby is collecting different types of Money, so does he pay Zakah on it?

Question :

There is a man who has a hobby of collecting Arabic and foreign money. It is only a hobby. From this money there is that which is valuable and that which is not. Therefore, does he have to pay Az-Zakah on these if he has them for a year? Please benefit us with an answer, and may Allâh reward you with good.

Answer:

He must pay its Zakah if he has it for a year and it reaches the minimum amount required for Az-Zakah. This is due to the generality of the evidences from the Book and the Sunnah, as it has the same ruling as money. It takes the place of cash currency just like paper money. And Allâh knows best.

How to pay Az-Zakah on what was in the past

Question :

How do I pay Az-Zakah if I do not know the amount of Az-Zakah due from what was in the past?

Answer:

It is known that Az-Zakah is a pillar from the pillars of Islam and it is obligatory upon whomever it is due to pay it. If he knows for sure its amount, then he pays it. If he is not sure about it, then he gives an amount from his wealth that he intends to be Az-Zakah until he thinks that what he has paid fulfills the obligatory Zakah that he is responsible for. Basing things upon probability is a fundamental principle from the principles of the Islamic law.

The ruling on Az-Zakah that is paid to the Office of Az-Zakah and Income

Question :

I am the owner of a firm and I pay an amount of 2.5% from my principle wealth to the Office of Az-Zakah and Income based on the claim that this amount is considered Zakah on business. If I stop paying it, I will not receive many benefits, like bringing people (from outside the country) and seeking any justice in dealing with my legal records. For this reason, I am obligated to pay this sum. However, I read in some books that this sum is not a form of Zakah and I am only obligated to pay a Zakah that is different from what I pay to the Office of Zakah and Income. I would like some assistance in this matter because this is the condition of all of the companies and firms in the Kingdom. May Allâh give all of you success in doing that which is good.

Answer:

As long as it is requested from you in the name of Az- Zakah and you pay it with the intention of giving Az- Zakah, then it is a form of Zakah. This is because the ruling authority has the right to request Az-Zakah from the wealthy in order to give it to those who deserve to receive it. You are not required to pay any other Zakah on the wealth that you have paid its Zakah to the government. However, if you have some other wealth or profits that you do not give its Zakah to the government, then you must pay its Zakah to whoever deserves it from the poor and other recipients of Az-Zakah. And Allâh is the Giver of success.

How does the Person who lives outside of his Country pay Az-Zakah?

Question :

There is a man who lives outside of his country, so how does he pay the Zakah of his wealth? Does he send it to his country, does he pay it in the country where he lives or does he give his family the responsibility of paying it on his behalf?

Answer:

He should look at whatever is the most beneficial for the people who are recipients of Az-Zakah. Is it more beneficial for him to pay it to the people in his country or does he send it to another country where there are poor people? If the two situations are equal, then he gives it in the land that he is in.

There is no Zakah due on Vegetables

Question :

Is Az-Zakah obligatory on vegetables, like tomatoes, potatoes, onions and similar things?

Answer:

Az-Zakah is obligatory on grains and all fruit that is weighed and stored. In reference to the vegetables, there is absolutely no Zakah obligatory on them. This is due to the Prophet's statement in a Hadith reported by 'Ali and recorded by Ad-Daraqutni with his chain of narration:
"There is no Sadaqah (i.e., Zakah) due on vegetables." similar narration was also reported from 'A'ishah. This is also due to what was reported from Al-Athram that the employee of 'Umar wrote to him concerning some grape vineyards that contained vegetation and pomegranates that were more abundant in growth than the grapes. 'Umar in return wrote to him saying: "There is no Zakah of harvest on it, as it is from the shrubs."

Appointing someone to pay Az-Zakah on your behalf

Question :

I own a number of heads of cattle in Egypt. Do I pay Az- Zakah for them while I am here in Iraq or do I wait until I return to my country?

Answer:

It is obligatory on you to pay their Zakah every time a year passes on them. Thus, you should appoint someone there in Egypt to pay it. Appointing someone to pay Az-Zakah is permissible. This is because the Prophetused to send people around who were employed to collect Az-Zakah and they would take it from its people and bring it to the Messenger of Allâh It is also confirmed from him that he appointed 'Ali bin Abi Talib to slaughter what remained of his sacrificial animals during the Farewell Hajj.

Therefore, you should appoint someone whom you trust in Egypt to pay the Zakah of these cattle and it is not allowed for you to delay it until you return, because in this is delaying which keeps its people from getting it in its time (i.e., when it is due).
Also, you do not know, it could be that death will overcome you before you return to Egypt and your inheritors may not pay it (Az-Zakah) for you. If this happens, the Zakah will remain under your responsibility. So, make haste my brother - may Allâh bless you to give Az-Zakah and do not delay it.

Az-Zakah on stored Grains

Question :

I took an amount of grains from some of the farmers and I stored it to be used as food for my children, both now and in the future, by the leave of Allâh. So, do I have to pay any Zakah?

Answer:

There is no Zakah on these grains and their likes from wealth that is stored for man's needs. Az-Zakah is only on that which is kept for selling or whatever is from the two currencies, gold and silver, or whatever takes their place of paper money. This is from the Bounty of Allâh, His Kindness and His Gentleness with His servants. So, unto Him is due all praise and thanks for that.

There is no Zakah on four She-Camels

Question :

If a person has four she-camels and one day before he owned them for a complete year, one of them gave birth. Therefore, is the minimum amount completed for that year?

Answer:

If a person has less than the minimum amount for Az- Zakah, like 30 sheep, then their number increases due to births before a year completes on the original number, the beginning of its year is considered from the day that the minimum amount is fulfilled. This is the position of the majority and it is acted upon. Imam Malik opposed this and said: "If during the year their number reaches 40 sheep due to the increase of their births and that (number) remains so until the end of the year, one sheep is due as Zakah. This is because the year of the new births is pursuant to the year of the original number. Therefore, Az-Zakah is obligatory." This was also mentioned in a report from Ahmad. Based upon this, due to the popular view and that which is acted upon, there is no Zakah on four she-camels and the year begins from the time the number of she-camels reaches five.

The ruling on dropping a Debt with the intention of Az-Zakah

Question :

If I gave a loan to some people, and it becomes difficult for them to repay it, and I pardoned them from repaying it with the intention that it is from Az-Zakah, is that permissible and does it suffice or not?

Answer:

If some right is due to you from a person, it is not permissible for you to drop it and intend it to be from Az- Zakah, because that contains a protection of your wealth (from Az-Zakah). Verily, you have taken the dropping of this money- that you have not gotten back-to be Zakah on your wealth; and you have kept the Zakah - that is due on you to pay as your own possession. And success is from Allâh.

Is Az-Zakah paid on a Gold Pen

Question :

A gift came to me that was in the form of gold pens. So, what is the ruling on using them? Is there any Zakah on these pens or not? Please benefit me with an answer, and may Allâh benefit you.

Answer:

The most correct view is that it is forbidden to use them for males due to the generality of the Prophet's statement:
"Gold and silk have been made lawful for the females of my Ummah and forbidden for their males."

There is also his statement concerning gold and silk:
"These two are lawful for the females of my Ummah and forbidden for their males."

In reference to what is related to Az-Zakah, if these pens reach the minimum amount required by themselves or along with other gold that the owner possesses that causes the minimum amount to be attained, Az-Zakah is due on them if they are possessed for a year. The same applies if he has silver or sales merchandise by which the minimum amount is reached, Az- Zakah becomes obligatory according to the most correct of the two views of the scholars. This is because gold and silver are like one thing.

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