'The Prophet obliged the payment of zakh al-fitr '

05/12/2013 02:41

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'The Prophet obliged the payment of zakh

al-fitr '
Fasting & I`tikaf [1]
Date:
Sun, 09/21/2008
Author:
Sheikh Salman al-Oadah
Hadith:

[2]

Ibn `Umar relates that the Prophet (peace be upon him) obliged the payment of zakh al-fitr
as a s` of dates or barley on behalf of every Muslim man and woman, free or slave.This
hadth is related in Sahh al-Bukhr (1433) and Sahh Muslim (984).
Short Content:
The Prophet obliged payment of zakah al-fitr as a sa` of dates or barley on behalf of every
Muslim man and woman...
Body:
The meaning of the hadth:
This form of charity is also referred to as sadaqah al-fitr. In both cases, it means "the charity
for breaking the fast". This is because it is paid at the end of Ramadan, when the season of
fasting has come to a close. The name zakh al-fitrfitrah, the natural way, as mentioned in the
verse: "the nature (fitrah) made by Allah in which He has made mankind." [Srah al-Rm: 30]
It is not a tax on a person's wealth. It is paid on behalf of each individual, like a head tax.
Indeed, it is sometimes called zakh al-ra's, (i.e. "the head tax") or zakh al-badan ("the body
tax").
Since it is a head tax and not a tax on wealth, the person who pays zakh al-fitr must do so for
himself as well as for all of his dependents. A man, for instance would pay on behalf of his
dependent wife and his children. He would also have to pay it on behalf of his parents, if they
are dependent on him to provide for them.
Zakh al-fitr does not have to be paid on behalf of an unborn child. However, it is preferred to
do so, especially if the pregnancy is at an advanced stage where the soul has already been
breathed into the child. It is narrated that `Uthmn paid zakh al-fitr on his unborn child. At the
same time, a number of Companions stated that it was not obligatory to do so. [refer to: alMugh (4/316)]
Zakh al-fitr is paid as a quantity of food. The measure of used is the s`. It is a measure of
capacity (volume) that equals four double-handfuls of an average person's hands.
Ibn al-Mundhir states that there is unanimous agreement among Muslims that paying zakh
al-fitr is obligatory. Ibn Rhawayh and al-Bayhaq also declare it to be a matter of consensus.
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'The Prophet obliged the payment of zakh al-fitr '

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The hadth under discussion is clear and indisputable evidence that paying zakh al-fitr is a
religious duty.
Some scholars also cite the following verse of the Qur'n as evidence for it: "He indeed shall
be successful who purifies himself, glorifies the name of his Lord, and prays." [Srah al-A`l:
14-15] Ibn `Abbs claims that this verse is referring about zakh al-fitr when it speaks about
purifying the self.
The following are conditions that must be fulfilled for a person to be obligated to pay Zakh alfitr:
1. The person must be a Muslim.
2. He must be free. A slave does not have to pay zakh al-fitr for himself. This is the opinion
of the majority though not the opinion of the Hanbal school. The slave's master is required to
pay it on behalf of his slave.
3. He must have the ability to pay it. This does not mean that he has to possess savings of
the amount where he will be required to pay his annual zakh. On the contrary, if he has
anything more than what he needs to provide for himself and his dependents for the day nad
night of `Id, then he has to pay zakh al-fitr. This is because zakh al-fitr is a charity t upon a
person like a head tax and not upon the person's wealth.
It is agreed that it becomes obligatory upon such a person to pay zakh al-fitr at the end of
Ramadan. Scholars differ as to precisely when this obligation takes effect. Ab Hanfah says
that it happens at dawn on the morning of the `Id. Ahmad b. Hanbal, al-Shfi`, and Ishq say
that the obligation takes effect from sunset on the night before Id.
Its legal implications:
A major point of disagreement among scholars regards what can be paid as zakh al-fitr.
Specifically, does it have to be paid in food or can it be paid in cash?
In the hadth under discussion, Ibn `Umar mentions "dates or barley".
Ab Sa`d al-Khudr relates: "We used to pay zakh al-fitr as a s` of wheat or barley, or
dates, or cheese, or raisins." [Sahh al-Bukhr (1435)]
The vast majority of scholars from the time of the Companions and Successors, agree that we
are not restricted to the specific food items mentioned in the hadth. It is permissible to pay it
in any staple food of the locality. This might include rice or a number of other foods.
Scholars disagree as to whether money can be paid in lieu of food. The majority of scholars
hold the view that zakh al-fitr cannot be paid in cash. This view is the one adopted by the
Mlik, Shfi` and Hanbal schools of law.
Ahmad b. Hanbal was once asked whether it was permissible to pay zakh al-fitr in cash. His
reply was: "I fear that it might not be valid." When they objected by stating that the Caliph
`Umar b. `Abd al-`Azz allowed it, he replied: "It is better to follow the Sunnah. When we say
that the Prophet said such-and such, do they tell us: 'but so and so said'!"
The Hanaf school of law follows Ab Hanfah's opinion that it is permissible to pay zakh alfitr in cash. This was the opinion of a number of eminent Successors, including the Caliph
`Uma b. `Abd al-`Azz. Al-Hasan al-Basr said: "There is no problem with payingzakh al-fitr
with silver currency." [Musannaf Ibn Ab Shaybah (10368 and 10370)]

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'The Prophet obliged the payment of zakh al-fitr '

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Ishq al-Subay` said: "I found them paying this charity in silver coin to the value of the food."
[Musannaf Ibn Ab Shaybah (10371)]
This was the view of al-Thawr and `At'. Indeed, `At' was known to pay his zakh al-fitr in
cash. All of these people were among the most distinguished Successors.
Recently, the scholar Mustaf al-Zarq has come forth as a strong supporter of this point of
view. He defends this position with the following strong arguments, among which are the
following:
1. Many jurists see no problem with paying zakh al-fitr in whatever foods are locally used,
even though most of these foods are not mentioned in the hadth. This is why they see it as
permissible to pay it in rice or maize or whatever else is locally eaten as a dietary staple. If
these foods that are not mentioned in the Sunnah are permitted, then it makes more sense to
permit paying it in cash, since this is more useful to many poor people on the day of `Id. This
is not really different than what the people who pay in their local food do. We determine the
equivalent value of those foods in cash. They determine the equivalent of those foods in their
local staples.
2. The enumeration of those foods is not a matter of pure, abstract worship that cannot be
departed from. There is a clear benefit intended from them. The purpose of zakh al-fitr is to
help the Muslims. It helps the poor to enjoy the `Id and participate in celebrating the
successful completion of the month of fasting with the rest of the Muslims. It also helps the
giver in that it is a charitable act. The giving of money which can be dearer to both the giver
and recipient realizes the purposes of zakh al-fitr. It helps the poor and purifies the giver,
and it does not contradict any explicit text.
Those who declare it obligatory to pay zakh al-fitr in food like to point out certain benefits
they see as particular to doing so. However, the arguments that they give are only appropriate
for certain societies. They argue, for instance, that the giving of food brings the Sunnah to life,
since the activities of buying and selling food in the marketplace and of distributing it to the
poor is something conspicuous. By contrast, pressing some money in a poor person's hand is
not something exceptionally visible. It does not foster an open atmosphere of giving in the
community.
Our purpose in mentioning the difference of opinion in this matter is to show that there is
flexibility. There is no reason to be rigid and dogmatic. Islamic Law seeks to facilitate matters
and to ease things for the people.
And Allah knows best.
Image:

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'The Prophet obliged the payment of zakh al-fitr '

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Fasting & I`tikaf

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