Thursday 5 June 2014

Rules of Zakat (Nisab Ahle Khidmat-e-Sharia)


EXTRACT OF NISAB AHLE KHIDMAT-E-SHARIA ( 267 ) PART-V




     1.       Definition of Zakaat
     2.       Stipulations of Zakaat
     3.       Conditions for making Zakaat Obligatory
     4.       Conditions for correct payment of Zakaat
     5.       Zakaat on Silver & Gold
     6.       Rules for Zakaat on goods of trade
     7.       Of the Zakaat on Sayeema (herds and flocks)
-          Zakaat on camels
-          Zakaat of Cows
-          Zakaat of Goats
      8.       Miscelleneous rules of Zakaat
      9.       Uses of Zakaat

ZAKAT

Zakat is the third pillar of Islam. Like salah (namaz), the second pillar, it is also most important to be followed by the Muslims. In the Islamic charter there is much stress on Zakat after salah (namaz) as it is referred at thirty-two places in the holy Quran along with Salah (namaz). At most of the places it is referred as solitary one. Further in ahadith there is a mention of both Salah (namaz) and Zakat simultaneously. From which it becomes clear that both are joined together. The importance of Salah (namaz), as one of the regular duties for a Muslim, is undeniable. When Almighty Allah and His holy messenger have attached importance to both the duties the sanctity of paying Zakat is not less than Salah (namaz). Thus terrible punishments are also provided for those who do not pay Zakat. To imagine these punishments the mind of a Muslim will be boggling and heart busting. After knowing them no Muslim will have the courage to evade the payment of Zakat or delay it. As an example two verses of holy Quran are quoted here.


“And let not those who covetously withhold the gifts which Allah has given them of His Grace. Think that it is good for them otherwise it will be worse for them: soon shall the things which covetously withheld will be tied to their necks like a twisted collar on the Day of Judgment” [Al Imran 3:180].

The meaning of this verse of the Quran is further explained in a hadith in such a way that the holy messenger has said,

"The one whom Allah has given wealth and did not pay the Zakat for it, it would be made to appear on the Day of Judgment as a black snake containing two spots."

"It will wind up over his neck and say while holding his two cheeks that it is his wealth, his treasure."

Then the holy messenger revealed this verse.



And there are those who burry gold and silver and spend it not in the way of God: announce for them a most grievous penalty. On the day when heat will be produced out of that wealth in the fire of hell, and with it will be branded their foreheads. Their flanks and their backs. This is the treasure which they buried for themselves: taste it then the treasure they buried in such a way

The meaning of this verse of the Quran is further explained in a hadith in that the holy messenger has said,

"The one whom Allah has given wealth and did not pay the Zakat for it, it would be made to appear on the Day of Judgment as a black snake containing two spots."

"It will wind up over his neck and say while holding his two cheeks that it is his wealth, his treasure."

The meaning of this verse is further explained in another hadith that Hazrat Nabi Kareem (S.A.S.) has said "a rupee will not be placed over another rupee, a golden coin will not be put on other coin, whereas the body of a person, evading Zakat, will be so enlarged that millions of and billions of rupees will bear a separate brand on the body". Allah is Great. How severe is the threat! By hearing this one shivers. This threat calls for the example that when certain tribes of Arab world desired after the death of the holy messenger, not to pay the Zakat. On which Hazrat Abu Bakr Siddiqu (R.A.) wanted to rage a holy war against them. Hazrat Omar (R.A.) pleaded that how a war will be raged against them when the holy messenger has promised peace for those who utter La Ilaha Illallah. Hazrat Abu Bakr (R.A.) replied, “By God those who distinguish between Salah (namaz) and Zakat I will fight with them." "By God those who had presented a kid to the holy messenger and now they deny I will rage a holy war against them." Farooq-e-Azam said, "By God I see that The Almighty Allah has expanded the breast of Siddique (R.A.) I then realized that he is right."

When various threats are there for those evading Zakat there are various glad tidings for those who pay the Zakat. There are promises of reward, felicity and success. Thus Almighty Allah says
  


“And those who establish regular prayers and pay Zakat and believe in Allah and in the last day to them shall we soon give a great reward”. [Surah Nisa: 162]



 “But my mercy extends to all things. That (mercy) I shall ordain for those who do right, and practice regular charity and those who believe in our signs”. [Surah Aaraf: 156]



“Successful indeed are the believers, those who humble themselves in their prayers, who avoid vain talk, who are active in giving Zakat”. [Surah Muminoon: 1-4)

There is a narration that the holy messenger (S.A.S.) said:

i. "By giving Zakat save your wealth in the coffers."
ii. "The wealth from which Zakat is not paid is wasted."
 iii."Separate Zakat from your wealth which cleanse your wealth’s
and purify you."
iv. "Zakat is a bridge of Islam."
v. "Perfection of your belief lies in payment of Zakat."

Like Salah (namaz) Zakat was also compulsory for the past communities. But there was, no doubt, difference between the rate of Zakat and holdings (nisab). In Islam there are clear and simple orders in this connection. No such simplicity prevailed in the past communities. Briefly speaking there are several stipulations about Salah (namaz) and Zakat in the Quran. Not so in other prayers. Most probably for this sake that Salah (namaz) is a bodily prayers and the Zakat is financial. There is a mention of both side by side based on the sequence. The Islamic jurists have clubbed this book of Zakat with Salah (namaz). And this preference of Zakat is clear and bright.

1.       Definition of Zakat:-

Zakat means attaining purity, prosperity and increase. In Islamic jurisprudence giving a portion(1) of wealth for the sake of Almighty Allah(2) and transfer of ownership totally(3) of this portion in the ownership of a Muslim beggar (not a sayed(4) or a salve(5) of a sayed). By this act the remaining wealth becomes pure and Almighty Allah grants abundance in it. This wealth not only increases in this world and in the hereafter divine rewards of ten times or more than this will be made available. Therefore it is named as Zakat.

2.       Stipulations of Zakat:-

i. Zakat is an individual duty on every Muslim, sane, major (man or
woman)
ii. The denier of Zakat is an unbeliever.
iii. The evader of Zakat is a transgressor, abator of payment is a sinner and a person preventing it is liable to be killed

1. 1/40th portion of the state and effects (nisab) in possession for the span of one complete year.
2. This stipulation is to make the intention a condition that means for payment of Zakat intention is a condition as required in other regulatory period.
3. Zakat is a purifier of the wealth therefore this amount need not be paid to a descendant of the holy prophet (Sayed) as he claims respect therefore he may be served with good money.
4. Even if he is freed.
5. Profitable interest of the person paying Zakat with the person to whom Zakat is paid is totally nil. Hence no Zakat is given to the ancestors, mother, father, grandmother, grandfather or descendents, son, daughter, grandson and granddaughter to whom the payment of maintenance will become obligatory when they are in need. Hence there is prima facie benefit in this.

3.       Conditions for making Zakat obligatory:-

The conditions for making Zakat obligatory are as follows:-

1. A Muslim (not obligatory (1) on an unbeliever (2))
2. Free (Zakat is not obligatory on a slave).
3. Major (Zakat is not obligatory on a minor).
4. Sane (Zakat is not obligatory on an insane person provided his insanity continues for a year). Lucid intervals for few days will make it obligatory.
5. There is a prescribed holding (nisab) (if the nisab(3) falls a little short Zakat will not be obligatory)
Warning:- The prescribed estate and effects on which Zakat is compulsory is called nisab.
6. Full propriety (i.e. the entire property on which propriety and possession both are there) the propriety without possession (4) or possession without propriety (5) is there the absolute propriety is
not there therefore Zakat is not obligatory.
7.The property is more than the self requirement(6) (on the residential houses, apparels in use, utensils, animals of conveyance, slaves in service, service weapons, grannery or eatables of the dependents, all the decorative artefacets other than gold and silver because they are personel effects Zakat is not obligatory. The books which are not for sale whether they are with the scholars or other persons no Zakat. The implements of artisans which are in use in their profession no Zakat. If the implements are of such a nature that their utility exists eg. color, purchased by the painter for coloring the cloth with charges including saffron, bastards saffron more than the minimum

1. If any unbeliever embraces Islam he will not be ordered to pay Zakat for his pre Islamic period.
2. Similarly the Zakat is not obligatory on a person who has turned apostate after Zakat became obligatory.
3. Provided that estate and effects will remain for a span of one year. The effects which will not remain for a span of one year such as perishable goods like cucumber, sweet melon, water melon, vegetables, etc. no Zakat is due on them.
4. Such as dower before possession.
5. The possession by a person anticipating loan without propriety.
6. The things required for sustenance are called the self requirements.

holding of one year old Zakat is compulsory on them. Similarly the cash earmarked for any personal requirements but these requirements are not fulfilled during the current year Zakat will be compulsory on it. If the requirements are completed within the year no Zakat.
8. Not a borrower or a debtor (in possession of a holding but he is indebted and after repayment of loan the holding is reduced the Zakat is not obligatory provided the loan is such that it can be demanded by the public. Whether it is of the public, (such as hand loan (1), capital (2) or penalty etc.) or of Allah (Zakat (3)). However the demand for repayment is not from the public it is not important here that means it will not exempt him from Zakat (vows, expiation, alms, propitiatory offerings, qurbani, haj(4), etc) The dower of the wife is also included in the debt. If the dower is prompt Zakat is not obligatory on the wife till the husband pays the dower. If the dower is deferred one and being demanded Zakat will not be obligatory until the dower is paid. If the dower is differed one and not subject to demand (like the present day dower of differed payment and it is not demanded till the death and divorce) Zakat will not be eliminated from the husband but remains payable.

Warning:-The loan which hinders the Zakat if pertains to an earlier period of obligation. If it pertains to the post obligation period of Zakat it will have no effect. The Zakat will be compulsory.

9. The holding (nisab) is a nami (that means it is increasing either in reality with instant proportion or reproduction or by exchange or by mere fortune) after its possession and control.

Thereafter there are two categories of each.

1. Whether in cash, in weight, in measurement, prompt or in terms.
2. Such as the value of property purchased.
3. Whether the Zakat is due on animals or cash (silver and gold) or the goods of exchange.
Warning:- The debt on Zakat means is a person is proprietor of a estate and effects and a period of two years is passed on it but no Zakat is paid then only one year Zakat will be due from him not for the second year because if the Zakat for the first year is deducted then the nisab will not remain as such. The Zakat for the second year will not be obligatory on him
4. If the expenditure thereon is deducted from the nisab the nisab will not remain even then Zakat is obligatory.

i. By nature that means by birth it is growing like silver and gold.
ii. By action means the growth is through industry by human beings except silver and gold the rest of the things are through art and craft. From out of silver and gold when they are more than nisab Zakat is obligatory, whether they are kept with the intention of business or to be minted or not minted or whether it is jewellery or utensils made out of it or they are kept as it is. Except gold and silver for all other things (how costly they may be of pearls and jewels) Zakat will be obligatory when there is intention of trade and growth. The intention to trade made at the time of purchase is taken into consideration. If after purchase intention to trade is made will not be counted unless the dealing is not started. If any goods are purchased with an intention to sell them or subsequently change the idea then Zakat will not be obligatory on it. In brief the Zakat is payable on three types of holdings, cash, gold and silver, goods of exchange, on saima (camel) i.e. on animals left for rearing.

10. These articles are held for more than a year (1) (the holding was complete at the beginning and at the end of the year but it was reduced in the middle this reduction is not counted) (Zakat will be obligatory). If there is a holding (nisab) and during the year some more wealth of this nature is added the Zakat will also be due on it (2). On this wealth passing of a new year is not necessary. If added wealth is not of same nature (there were camels now goats are added) it is not to be mixed with the present wealth whereas a fresh year will be counted for them

Clause:-.After attaining propriety over the nisab it is lawful to pay Zakat before the end of the year provided the entire nisab is remained in full. But before the acquisition of propriety payment of Zakat is not tenable (it is not treated as Zakat).

4.       Conditions for Correct payment of Zakat:-
Note: - Sound conditions to whom the Zakat is payable.

1. A Muslim (not an unbeliever)
2. Sane (not insane)
3. Major (not a minor)

1. According to the lunar month.
2. Even though it is acquired a day before the end of the year

4. Intention: Intention (1) is necessary for payment of Zakat. Intention is made at the time of separating the Zakat from the entire wealth. An intention made after payment of Zakat to the poor which is still in the hands of the poor person will also be valid. And if that amount is spent by the poor the intention will become invalid. (Zakat is to be paid again). If a person with vague intention to pay Zakat but not separated any portion of wealth with full determination to be paid as Zakat but in a random way, from time to time, paid something during the whole year the Zakat is not treated as paid(2). In payment of Zakat to the poor it is not necessary to declare it as Zakat only intention of Zakat is enough. To the extent if something is paid (3) by way of gift or loan with an intention of paying Zakat the responsibility of payment of Zakat will be correct. Giving Zakat openly and publicly will be preferable (4).
5. The person to whom the Zakat is paid is to be made full owner thereof. Any person who prepared the food and offered it to the beggars in his house by way of intention of Zakat will not be correct. However that food is given to the poor and authorizes them to utilize it as they like and carry wherever they like. Then it will be correct.
6. The Zakat is to be given to a person who is deserving (the details will follow).

Warning: - The details of valid payment of Zakat is over. Now the wealth on which Zakat is payable and the quantum of Zakat on each item is explained in seriatim.

1. The limit of the intention is that if at the time of payment of Zakat, it is questioned and without hesitation it is replied that the Zakat is being paid.
2. His declaration that whatever he used to pay during the year there was intention of payment of Zakat is not valid.
3. Paid in the shape of gift of Eid prize with the intention of Zakat it will count as Zakat.
4. The alms of charity paid voluntarily is preferential to be paid in a hidden manner.


5.       Zakat on silver and gold:-

1. On silver and gold Zakat is absolutely obligatory (1) (in whatever form it may be in the shape (2) of coins, gold coins, jewellery (3), utensils (4), etc.
2. 40th part of silver and gold is to be paid as zakat.
3. The prescribed limit of silver is 200 dirham (425 grams and 285 milligrams) and on gold 20 'misqal' (60 grams and 755 milligrams).If a person possesses 200 dirham (425 grams and 285 milligrams) silver or 20 'misqal' (60 grams 755 milligrams) gold for a period of one complete year 40th part of it i.e. 5 dirham (10
grams 632 milligrams) silver of half 'misqal' (1 gram 519 milligrams) gold is compulsory to be paid as Zakat.

Warning: - Zakat is not due on less than 425 grams 285 milligrams of silver. Similarly no Zakat is due (5) on less than 60 grams 755 milligrams gold.

4. If the silver is more than the prescribed limit to the extent of 1/5th of it i.e. 85 grams 57(6) milligrams of silver or 12 grams 151 milligrams of gold (7) Zakat is due on this portion also (8). For 85 grams 57 milligrams silver the Zakat will be 2 grams 126 milligrams silver(9). For 12 grams 151 milligrams of gold the Zakat will be 304 milligrams of gold (10). Similarly on every 1/5th additional portion i.e. 85 grams 57 milligrams silver, 2 grams 126 milligrams silver and on 12 grams 151 milligrams gold, 304 milligrams is compulsory to be paid as Zakat. less than the 1/5th portion Zakat is waived.

1. Zakat is due on anything of gold and silver.
2. Whether melted or ingots.
3. Whether clad in jewellery or not or kept closed.
4. The brocade and the golden marks are included in it.
5. That which is commonly known as 52 and 1/2 tola silver and 7 and 1/2 tola gold which are not the tolas of present measurement.
6. Other than 425 grams 285 milligrams silver.
7. Other than 60 grams and 755 milligrams of gold.
8. And if it is not equal to 1/5th no Zakat is due.
9. Because it will be 1/40th portion (87 grams 57 milligrams silver).
10.Because it is the 1/40th portion of (12 grams 151 milligrams gold).

5. For payment of Zakat on gold and silver the weight is important, the prize is not valid. If the silver and gold according to weight reach the nisab Zakat will be obligatory. and according to the weight if it is less than the nisab and according to prize it is more Zakat is not due provided the Zakat of each particular metal is paid out of the same metal which means the Zakat of silver with silver and of gold with gold. If the Zakat of silver is paid out of gold and the Zakat of gold is paid out of silver at that time the price will be the criteria. (1)
6. If the gold and silver are found mixed. The silver is predominant over gold in such case if the gold has reached the Nisab Zakat is due on gold. And if the silver reaches the Nisab the Zakat due on silver will be obligatory. If the gold is predominant over silver in the entire object will be counted as gold because the gold is superior in value and dear it will be taken into account when it is predominant.
7. If some other metal is mixed with gold and silver which is not predominant it is not taken into account. Zakat will be definitely obligatory. If that metal is predominant (2) there will be no order of gold and silver (3).
8. If one possesses gold as well as silver and both are separately comprising of nisab it is necessary to pay the Zakat by treating the silver as gold or gold as silver whereas separate Zakat will be obligatory for each.
9. If any one has a little quantity of silver and a little quantity of gold and both are not equal to nisab but by joining them (e.g. The gold equal to the price of silver and silver equal to the price of gold) the nisab of any one metal is being completed Zakat will be paid by joining both the metals. Even by joining them together the nisab of any one is not being completed Zakat is not obligatory.

1. For the Zakat of gold an article of silver is given which costs one gold coin. Then it will be deemed that one gold coin is given even though its weight is not equal to a rupee.
2. If gold and silver and other mixture are equal in such case Zakat will be obligatory as a precautionary measure.
3. whereas there are different conditions and according to those conditions there will be different orders to explain them in detail there is no space here.

10. If the nisab of silver and gold is not complete and there are goods of trade and by joining them if the nisab becomes complete the Zakat is to be paid by joining them.
11. The cash which is not invested in trade (1) there is no nisab for this and no Zakat is due on it. If the cash is invested in trade and equal to the nisab of silver and gold Zakat is due on it.

6.       Rules For Zakat On Goods of Trade (2)

1. Zakat is due on any goods of trade
2. The nisab of the goods of trade will be according to the price that means if the price of those goods reaches the nisab of gold and silver Zakat will be obligatory on it otherwise not.
3. In goods of trade also one fortieth of them will be compulsorily Zakat.
4. In the goods of trade the value on the expiry of the span of one year is considered but at the beginning of the year their value was not less than 200 dirham.
5. If there are goods of trade and the value is less than the nisab but after few days their value is increased due to price hike and reached the limit of the nisab . The time the value is increased will be counted as the beginning of the year.
6. The value of goods of trade is determined on the currency mostly in circulation in that area. If the rupees and the gold coins (ashrafi) both are in circulation side by side it is discretionary to determine on any one. When the value of goods of trade does not reached the nisab through one currency and reaches by another the value is arrived at by this currency and the Zakat is paid.
7. The value of the goods is based on the market value available at the place where they are kept. If the goods are in the forest the value is valid (3) as prevailed in the nearby area of the forest.

1. If these coins are not in circulation now.
2.the goods which are meant for sale to derive benefit out of them it is called the goods of trade of any kind such as grains, cloths, articles of domestic use, etc.
3. Provided those goods are not grown in forest such as timber etc otherwise the goods which are grown in the forest the value thereof will be taken into consideration as available in the forest.

8. Zakat is also due on the profit along with the principal even though a span of one year is not passed on it.
9. Zakat is not due on the rent collected on cauldrons and houses.

7.       Zakat on Sayeema (herds and flocks)
1. Sayeema is understood to imply camels, oxen, goat and other animals which subsist for the greater part of the year upon pastures and which are kept for milk, breeding or fatness. If they live half the year in pasture grounds and fed for the other half upon grass (1) provided by commissioning they do not fall under the description of sayeema and no Zakat will be due (2) on them.
2. Out of the sayeema Zakat is due on the following three animals.
1. Camels 2.Cows (3) 3.Goats
(Warning)- Apart from the above Zakat is not due on other animals however if the other animals are meant for trade Zakat will be due on them.
3. The animals which are sayeema and during the year an intention is made to put them for trade, Zakat will not be due this year on them but from the date the intention is made then the year of trade will start.

7.1   Zakat on Camels:

 The nisab of camels for Zakat is five camels that mean Zakat is due on five camels. No Zakat is due on fewer than five camels and upon five camels the Zakat is one goat. The rate of it is as
under.

one goat(4) is due upon five camels
two goats are due upon ten camels
three goats are due upon fifteen camels
four goats are due upon twenty camels
upon twenty-five camels a yearling(5) camel's colt
upon thirty six camels a camel's colt of two years
upon forty six camels a four years old female
upon sixty one camels a five years old female camel
upon seventy two camels two camel colts of two year
upon ninety two camels three two years camel's colt

1. With cost or without cost
2.However(on other than sayeema animals) Zakat will be due on business that means according to the price Zakat will be paid
3. buffalo comes under the category of cows
4. Whether male or female but it should of full one year upon whom the second year is begun.
5.one yearling means one complete year old upon which the second year is started. Similarly two yearling means complete two years old upon whom the third year is started (according to an analogy)

And when the number of camels reaches one hundred and twenty one new account of Zakat will start.
(Warning) 
1. On the number between two nisab (From 6 To 9 and 11 To 14 etc.) Zakat is waived.(1)
 2. female camels only lawful in Zakat. Males are held to be lawful only when equal to their value

7.2   Zakat Of Cows

The nisab of cows is thirty that means Zakat is due on thirty cows. Zakat is not due on less than thirty cows. The rules of Zakat are as follows:-

Among thirty cows one year(2) old calf(3) male or female.
Among forty cows a calf of two years.
Among sixty cows one year old two calves.

When the number exceeds sixty the Zakat is to be calculated on every thirty and every forty is to be taken into account. On every thirty one year old calf and on every forty two year old calf is obligatory(4).

Warning:-
i.The number between two nisab(for example thirty one to thirty nine and forty one(5) to fifty nine etc.) is waived.
ii.Buffalo is also in the order of cows(if a person possesses cows, buffaloes both and to work out the nisab both are counted together)
iii.For the Zakat of cows and buffalo one has the discretion to give male or female.

1.Upto nine camel’s only one goat will be obligatory and up to fourteen camels two goats(on an analogy)
2 .One yearling means complete one year old upon which the second year is begun
3.whether a female calf.
4.For example upon 70 cows one year old calf and one two years old calf will be obligatory because
there is one nisab of thirty and another nisab of forty and .On 80 cows two year old two calves or obligatory because there are two nisab of forty (on an analogy)
5.According to the proposition of Imam Azam exceeding 40 up to 59 the Zakat will be paid according to
this formula for example if it exceeds by one 1/40th(based on the price)and if exceeds by two 1/20th or two 1/40th parts(on this analogy). But according to other Muslim jurists after (40 up to 59) no Zakat.


7.3   Zakat Of Goats

The nisab of Zakat on goats is 40. One goat is due upon 40 goats(1) no Zakat is due upon fewer than 40 goats. Upon 121 goats two goats, upon 201 goats three goats and upon 400goats four goats, after 400 hundred one goat on every 100 goats is obligatory.

(Warning)
(1) On the number between two nisab no Zakat.
(2) Sheep, ram, he goat are included(2) in goats.
(3) Male and female(3) are equally acceptable in the Zakat of goats.

8.       Miscellaneous Rules Of Zakat

1)The animals upon which Zakat is due must be at least one year old if all are lesser than one year old Zakat will not be due. However if only one animal among them is older than one year. The entire flock will be under it and Zakat will be obligatory. If all of them are less than one year old(4) Zakat will not be compulsory. The same big animal will be given in Zakat. If by chance that animal dies after completion of one year Zakat will be waived.
2) If there are Camels, Cows and Goats all categories are available But every category is less than the nisab they need not be joined together to complete the nisab and the Zakat will not be obligatory.
3) Zakat is not due on horses, donkeys and mules(if they are for trade the Zakat will be paid according to their value).
4) Zakat is not due on the wealth falling between two nisab. If die no reduction in Zakat.
5) There is option in payment of Zakat either to give the same kind which is obligatory or its price or to give the price in the shape cash or in the shape of grain, clothes, etc.

1. Complete one year means the next year is begun on that
2. If the nisab is not complete by one it can be completed by joining the other and it can be given in Zakat
provided they are not less than one year in age.
3. It is a condition that it should not be less than one year.
4. Even if they reach the nisab.

9.       Uses Of Zakat

1) Uses of Zakat means the persons to whom Zakat is to be given. They are seven in number, beggar, destitute, worker, makatib, writer, debtor, charity in God's way, wayfarer.

Explanation:-
Beggar (Faqeer (1)) is that person who is in possession of something but not equal to nisab, or equal to nisab but not flourishing one or does not exceed his personal requirements.
Destitute (miskeen):- is a person extremely poor not having any thing in possession including one time meals.
Worker:- is a person authorized to collect Zakat.
Makatib:- a slave who has worked out his emancipation according to a written agreement.
Debtor (2): a person who is indebted to such extent when the debt is paid he will not be in possession of any holding (nisab).
Charity in God's way (Fi Sabi Lillah):- a person who was dropped by the victorious owing to penury or separated from the hajj caravan.
Wayfarer:- a person who is away from his native place and pauper.

This includes a person who has been deprived of his bags and baggage.

2) The person paying the Zakat is free to give the Zakat to all the above seven categories of persons or only one category of persons or to only one person. But it is preferential to give it to an individual whose
holding is less than the nisab. If it is equal to nisab or more than the nisab it will be abhorrent to give it to a single person. In case he is indebted or having many children (not abhorrent).
3) A beggar is to be paid so much that he may be made free from begging at least on that day.
4) The Zakat is not to be spent on other than the above purposes.
5) To make the payment of Zakat lawful there is a condition that the person to whom Zakat is paid is made the owner thereof and possessor of the things given in Zakat. Hence for construction of mosque, bridge,

1. If the poor is a learned person he is preferred than the illiterate.
2. Paying Zakat to the debtor is preferable than to the beggar.

repository of drinking water including its repairs or repairs to roads or for cleaning them, or for digging of wells and canals, or for burial of the dead bodies or for clearing the debts of the dead person (or where there is no specific person to be made owner) payment of Zakat will not be lawful.

(6) The following persons are not eligible for Zakat if the Zakat is paid to them it will not at all be lawful.
(i) Our ancestors e.g. mother(1), father, grandfather, grandmother, maternal grandmother and maternal grandfather(up to last)
(ii) Descendants(2) e.g. son, daughter, grandson, granddaughters, daughter's son, daughter's son (till the last)
(iii) Spouses(husband to his wife and wife to her husband).
(iv) Wealthy person who is in possession of nisab(3), similarly his minor son(his major son or daughter, his father and his wife if they are poor Zakat can be pay to them).
(v) Descendants of the holy prophet and people belonging to the tribe of Bani Hashim(4), children of Hazrat Ali(R.A), children of Hazrat Abbas(R.A), children of Hazrat Jafer(R.A), children of Hazrat Aqeel(R.A), children of Hazrat Haris bin Abdul Muttalib.
(vi) Unbelievers(pagan)
(vii) In payment of Zakat the following preference is to be maintained. Own brother(poor), sisters, their children, then uncle and maternal aunt and their children, maternal uncle and maternal aunt and their children, then other relatives, then neighbors then co-professionals, then the residents(5) of our native place, then physically handicapped, blind, lame, crippled(those who cannot earn), are to be preferred.

1. Payment of Zakat to the ascendants and descendants is unlawful. But taking care of them including their sponsorship is made compulsory on every individual by shariyat
(Warning) other than descendants, ascendants and spouses Zakat can be paid to the near and dear.
2. Even if they are born out of wedlock.
3. The nisab of anything if it is more than self requirements.
4.Bani Hashim(sadat)are not to be given Zakat. Owing to their respect and honor they are provided with help with good money.
5. Provided all are poor.

(viii)It is abhorrent to transfer the amount of Zakat from one city to another. If the relatives are in other cities or the people living in those cities are more deserving then it is not abhorrent.
(ix) The place where the Zakat goods are available is valid. Hence the owner is in one city and Zakat goods are in another city the Zakat material will be distributed in that city only.

9. propitiatory offerings (Sadaqa Fitr)

The propitiatory offerings (Sadaqa Fitr) is obligatory. To make it obligatory there are three conditions:-
1. Free person 2.A Muslim 3. In possession of estate or effects which are more than the real need and free from any debt.

Warning:-
(1) It is not necessary that the estate or effects or flourishing or the span of one year is to be passed on it. It is not necessary to be good subtrade. There is not condition that the possessor is a major and sane. This offering is obligatory on the children and in sane persons, to be paid by their guardians.
(2) The conditions for validity of propitiatory offerings or same as of Zakat.
(3) This offerings will become obligatory as soon as the day of Eid-ul-Fitr dawns(1).
(4) These offerings are during the entire life and the desirable time is before going to Eidgah. It is desirable to distribute these offerings before going for Eid namaz. Distribution even after the namaz will also be lawful. It will remain due until it is paid and how long it is delayed it cannot be avoided.
(5) It is not a pre condition (2) to keep fast for payment of these offerings.
(6) Payment of propitiatory offerings of self and on behalf the minor children is obligatory. If there is property won by the minors it is to be paid from out of that property.

1. Hence for the child who is born prior to the day dawned this offering is obligatory to
be paid and the person who died prior to the day dawned this offerings will not be
paid from his estate
2. Whether kept fast or due to any excuse not kept fast in all circumstances every person
holding the nisab this offering s will be obligatory on him.

(7) It is not obligatory to pay the offerings for the major children (even though they are under the protection of the father) if they are insane it is obligatory to pay for them.
(8) It is not obligatory for the mother to pay this offerings for her minor children
(9) It is not obligatory on the husband to pay offerings for his wife (the wife has to pay offerings from her won estate).
(10) The quantity of offerings for every individual is half Sa'a in case of wheat(1) if it is barley(2) or dates or raisons.
(i) It is preferential to give flour, or give than to give wheat or barley. It will be better to give the price thereof. Similarly giving the price of barley and the dates is also preferential.
(ii) In the ahadith there is a mention of these four things. If anyone wants to give the other material(rice, jawar, etc.) can give it based on the price of the above mentioned commodities. E.g. The material given is equal to the price of half sa'a wheat or one sa'a barley etc. If paid in cash it will be equal to the price(3) of those commodities.
(iii) One sa'a(4)(inclusive of fractions)(5) is equal to two sair, quarter and half and half sa'a is equal to one sair and three chatak. Half sa'a is equal to one and one fourth Kg.(Fatwa-e-Nizamia).

(11) The offerings of one person can be given to one beggar as it is better and if it is paid to various beggars will also be lawful. Similarly the offerings of many people can be given to one person which is also lawful.
(12) This propitiatory offerings should be given to those to whom Zakat can be paid. To whom Zakat cannot be paid this offerings also cannot be paid.

1. Flour or sattu( parched barley meal).
2. It's flour or sattu.
3. If one is capable the price of the costly thing is to be given.
4. Here sa'a means the sa'a of Iraq which is authentic to the Hanafi sect and that is equal
to 2 kilo 211 gr. and 48 mlg. in weight. Half sa'a is equal to 1 kilo, 105 gr. and 74
mlg. in weight. Therefore as precaution one and one fourth kg is better to be given.
5. That means 5 mashas.

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