FAQ in the category of Zakah (Alms)

1 Giving Money to Beggars

First of all, begging is a very bad way of earning money in Islam. Our Prophet (pbuh) said: "A person begs and begs.. eventually, he appears on the Day of Judgment with no flesh on his face.", "A person who begs money when he does not need, collects fire."(al-Hindi, VI/495; Ibn Hajar, Bulugh`1-Maram, (Exp) N/144). The Quran praises the poor that people think they are free from want because of their modesty and that do not beg insistently from people and adds that they are the people to be helped. (al-Baqara (2) 273) There are many obvious hadiths regarding the evil of begging. (see al-Hindi, ibid.)

However, when we look at some verses of the Quran and the actions and words of the Messenger of Allah (pbuh), we see that it is necessary to give something to the person who begs not to reject him: When the ways of righteousness are listed in the Quran, the beggars are mentioned along with relatives, orphans, the needy and the wayfarers. (al-Baqara (2) 177) Since zakat (alms) is also mentioned in the same verse after beggars, it should be something other than zakat. In addition, when the characteristics of righteous people who deserve the blessings in Paradise are listed in two verses, the phrase "in their wealth and possessions, the right of the (needy), him who asked and him who was prevented from asking is used. (See adh-Dhariyat, (51) 19; al-Maarij, (70) 25) It means it is necessary to give to the needy and the beggar that is not known whether he is needy or not.

In addition, in the Quran, there is another verse that says, "do not repulse the seeker". (adh-Dhuha 10) As a matter of fact, there are some scholars who understood it as asker, that is, who asks questions in order to learn his religion not as beggar.  (See Qurtubi XX/101)

However, the first meaning that comes to mind is beggar; even if it is possible to find other meanings for it, there is no sign that it does not cover the meaning of beggar.

Our Prophet always gave something to people who asked him kindly during his life; he even gave to those who asked rudely by saying "they made me choose between giving them some goods and being stingy, by using those rude words. I am not stingy.(bk. Müslim, Zekât,127 (Davudoğlu V/479 vd.)),

That is what understood from the words of our Prophet: "None of you should refuse a person who seeks something from you and should give him/her something even if he sees two gold bracelets on his/her arm "(Qurtubi, XX/101), "If the beggars would not tell lies, those who refused them would be harmed."(al--Hindi, VI/362) "Give something (even if it is very little) to the beggar or send him away with nice words; because he may be an angel who visits you to see how you use the blessings and bounties that Allah granted you."(Qurtubi, ibid.; For a similar hadith see al-Hindi, VI/390. (5) al-Hindi, VI/363) "Whoever gives something when he is asked for something for the sake of Allah, 70 rewards are recorded for him.".(5) "A person who begs by saying for the sake of Allah is damned; a person who refuses someone who says for the sake of Allah is damned too unless he has done something evil.", "Only Paradise is asked for the sake of Allah".(al-Hindi, VI/502-503) We have not searched about the degree of soundness of those hadiths. However, since there are a lot of them having the same meaning and since there is no hadith meaning the opposite, they show that it is appropriate to give something to beggars. 

Ibrahim b. Adham said: "Beggars are such good men; they carry provisions for us to the hereafter." Ibrahim an-Nahai said: "Beggars are the postmen of the hereafter. They come to your door and ask: Do you want to send something to your relatives? (Qurtubî, XX/101)

However, one does not have to give anything to beggars who sat on the roads and beg from anyone that passes by. If a beggar asks for something from you personally and says for Allah or for the sake of Allah, then it is necessary to give him something even if it is very little but he should be told in a suitable way that begging by saying so is very bad. Allah knows better but it is better not to give anything to those who beg in the mosque. Thus, it is possible to stop a bida (innovation). It is better not to give anything to those who beg as a profession although they dont need unless they ask personally from you. However, it is the order of Allah not to scold the beggar. It is also an order of Allah to send a beggar away by using kind words rather than giving him some money and then offending him.(See al-Baqara (2) 263)


 


İslam Fıkhı Ansiklopedisi (Islamic Fiqh Encyclopedia)


 

2 How does Islam view begging?

Our religion commands and encourages working and views it as a high virtue; it forbids and disapproves laziness and begging.

It is the duty of a Muslim to give food to the poor and to offer the one who asks for something. However, begging, which impairs human honor and virtue, shatters personality and leads to the exploitation of benevolent people’s pure feelings, is regarded as an ugly act.

The Prophet stated that it is permitted to ask for something for only three categories of people. They are as follows: the people who are indebted because of acting as a guarantor for a person or a community and cannot pay their debts; people all of whose property was destroyed in a disaster; and people who became destitute and whose poverty is acknowledged by people who know them. It is not regarded permissible for people other than those who have a day’s food and the strength to work for livelihood to beg. (Muslim, Zakat, 109)

The Prophet, peace and blessings upon him, regarded begging which is taken as an occupation as disgrace and said:

“Some among you do not ever abandon begging. Finally, on the Day of Resurrection, that dishonorable person will meet Allah with no flesh left on his face.” (Muslim, Zakat, 103)

“Whoever continues to beg people for their property in order to accumulate much property, surely asks for a piece of fire…” (Muslim, Zakat, 105).

“It is better for one among you to bring a load of firewood on his back and give charity out of it (and satisfy his own need) and be independent of people, than that he should beg from people, whether they give him anything or refuse him (Muslim, Zakat, 107)

Islam does not deem Muslims who do not work, who sit idly, make do with a morsel and a coat, and who pose burden on other Muslims as good Muslims. As is understood in the hadiths above, it is strictly forbidden to beg and to take begging as an occupation.

Begging is no more than laziness and manipulating philanthropic feelings of the community. Such people do not even abstain from interpreting the idea of tawakkul (putting one’s trust in God) according to themselves. They deem it tawakkul to sit back idly and expect some things from others.

There is no other religion or moral system which teach humans the ways to preserve their integrity, morality and honor as much as Islam does. In Islam, the future of the community and its honor and integrity are important; similarly the honor of one’s self is important and must absolutely be preserved. Each Muslim is responsible to preserve that valuable trust. So, in order to preserve that trust, people are shown all the ways of virtue and are commanded to abstain from evil.

Each evil takes away certain things from one’s self and honor. And the situation of those begging without any need is even worse. It is because they cause their honor and respectability to decay and cause themselves to fall into the pit of spiritual bankruptcy. For this reason, Islam, which strongly commands helping the destitute and the weak, did forbid those who are not poor and are not in need from begging, just as strongly.

While The Prophet (PBUH) tried to keep Muslims away from such an evil as begging on the one hand, on the other hand, he advised them to work and he wanted no Muslim to prefer the ignominy of begging to the honor of working for one’s livelihood.

 

Osman ÇETİN

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Is it permissible to give money to beggars? If they are not in need, do the alms we give have rewards?

In the Surah Ad-Duha (a Chapter in the Qur’an), there is a verse meaning: “…Nor chide and drive away the petitioner.” Did the Prophet reprimand beggars and despise them? Why was that verse sent down?

Giving Money to Beggars

3 MUALLAFA AL-QULUB (THOSE WHOSE HEARTS ARE TO BE RECONCILED WITH ISLAM)

Those whose hearts are to be reconciled with or softened. As a term, muallafa al-qulub denotes people whose hearts are wanted to be reconciled with, who are wanted to be made harmless for Islam or to continue in the religion by giving them zakat (alms).

That group of people was used as a means of neutralizing polytheists, strengthening the belief of people with weak belief who had just embraced Islam and ensuring some polytheists to become Muslims in the periods when the number of Muslims was few and their strength was weak; that method proved to be very successful.

When the people to whom zakat can be given to are listed in the Quran, muallafa al-qulub is also mentioned (at-Tawba, 9/60). Hazrat Prophet (pbuh) himself acted accordingly and gave zakat both to Muslims and to some people who had not embraced Islam fully yet.

The reasons why non-Muslims are given zakat can be evaluated in two groups. The first one is the people who are expected to embrace Islam by softening their hearts. For instance, Safwan b. Umayya is one of them. He says: "During the Battle of Hunayn, Hazrat Prophet (pbuh) gave me a share from the booty. As a matter of fact, he was the person that I disliked most. He continued to give me some things later; then, he became the person that I liked most." (Tirmizi, III, 27).

The second is the group of people that could torture Muslims and harm them; if they were given zakat, they would give up torturing Muslims, and Muslims could benefit from them against other non-Muslims. Ibn Abbas narrates the following hadith about that group of people: "Sometimes a tribe came to Hazrat Prophet (pbuh); if Hazrat Prophet (pbuh) gave them something, they would praise Islam and said, This is a really good religion. If he did not give them anything, they would blame Islam. Sufyan b. Harb, Uyayna b. Hisin and al-Aqra' b. Habis were among them" (Muslim, II, 735).

However, according to Hanafis and Shafiis, non-Muslims cannot be given any zakat in order to make their hearts reconcile with Islam or for any other reason. The reason why they were given zakat during the first periods of Islam was that, the number of Muslims was few and the number of non-Muslims was a lot. Later, Allah made Muslims strong and freed Muslims from the necessity of making their hearts reconcile with Islam. After Hazrat Prophet, the four rightly guided caliphs did not give them zakat, and Hazrat Umar said: "We will not give them anything on behalf of Islam. Islam became strong. He who wants can become a Muslim, and he who wants can become an unbeliever."

The reasons why some believers are regarded as muallafa al-qulub and given zakat:

a) To make the hearts of people with weak belief who have just become Muslims and who have not become believers fully reconcile with Islam.

b) To ensure the non-Muslim friends or members of some Muslim tribe heads to embrace Islam by giving those tribe heads zakat.

c) To make Jewish and Christian people who have embraced Islam continue in Islam, and to strengthen their belief.

d) To enable the Muslims who are in the border against enemies, on dangerous fronts and places to defend themselves when the enemy attacks.

e) In order to collect zakat from some Muslims who do not want to give zakat without any struggle or fighting to give zakat to some influential people among them.  Zakat was given from the fund of muallafa al-qulub to those kinds of people in order to continue to benefit from influential Muslims.

It is known that the application of muallafa al-qulub continued during the period of Hazrat Prophet (pbuh) and the first years of the caliphate of Hazrat Abubakr. Hazrat Umar (may Allah be pleased with him) objected to the application of giving muallafa al-qulub zakat due to the fact that Muslims became strong and there was no need to give zakat to that group during the caliphate of Hazrat  Abubakr (may Allah be pleased with him). Hazrat Abubakr and other companions of the Prophet approved the act of Hazrat Umar. As a result of the intervention of Hazrat Umar, giving zakat to that group was abolished.

Some Islamic scholars defend the view that giving zakat to muallafa al-qulub was abolished forever while others defend the view that giving zakat to that group is valid during every period.

To sum up, the group of muallafa al-qulub shows that the method of Islamic struggle can be strengthened through financial ways. That way is an important method to strengthen and spread Islam. A share from zakat was allocated and a fund was introduced to soften the enemy with money, to neutralize them, and to make the people who could harm the nation settle in the sphere of Islam. This fund can also be used for obtaining the secrets of enemies, educating and training agents and spies, neutralizing the dangers directed towards Islam, and making the media and means of communication of the enemy broadcast in favor of Islam. (For more information, see al-Kasani, Badayiu's-Sanayi', Beirut 1328/1910, II, 42, et al.; Ibnu'l- Humam, Fathu'l-Qadir, Bulaq 1315, II, 14 et al.; Ibn Abidin, Raddu'l-Mukhtar, Egypt, n.d., II, 79 et al.; Ibn Rushd, Bidayatu'l-Mujtahid, Egypt, n.d., I, 266 et al.).

Mefail HIZLI

4 Is it permissible to give money to beggars? If they are not in need, do the alms we give have rewards?

The help we offer for the sake of Allah’s acceptance and approval is not left without a reward. Whether the other party deserves it or not does not change this judgment. However, as much as possible, we should search for the real needy people and donate accordingly.

Whatever motive lies beneath begging, there is a bitter reality that we all will accept: That illness is an unyielding wound of the society.

As it seems, beggars fall into these categories: those deprived of a chance of finding a job and working because of such bodily handicaps as paralysis, physical disability, illness or old age; those who, though handicapped, do not make do with what they have and crave ample money; those who are physically and spiritually sound but choose begging as a means of livelihood and as a job.

Prophet Muhammad, who carried out radical and essential revolutions in society, brought about certain solutions to the illness of begging. The following anecdote reveals the responsibility laid on those who beg though they are in no need, and shows us in which circumstances begging can be permitted:

Anas bin Malik narrates:

One day, a person from Ansar came to The Prophet and asked for something. The Prophet asked him:

“Do you have anything at home?”

“Yes, Allah’s Messenger, we have a piece of cloth. We lay some of it beneath us, and with some of it we cover ourselves. We have a water pot; we drink water from it.”

“Then, get up immediately, bring both your cloth and water pot to me.”

The person fetched them both.

The Prophet took the cloth and the water pot in his hand, and showing them to the people who were present, he asked, “Is there anybody who will buy these two articles?”

One person among them said, “I will give one Dirham to both.”

The Prophet repeated a couple of times: “Is  there not anybody who gives more than one Dirham?” Afterwards, someone else said, “I will buy them in return for two Dirhams.” The Prophet sold the cloth and the water pot to that person. He took the two Dirhams and gave it to the possessor of the articles; then he said:

“Buy food with one Dirham of this money and give it to your family; and with the other one Dirham, buy an axe and bring it to me.”

The man left, bought an axe and came back. The Prophet put a stick to the axe himself. Giving it to the man, he said: “Take this, go and cut some wood, gather it and sell. I should not see you for fifteen days.”

The man went away, cut wood, gathered and sold it. When he came to the presence of the Prophet, he had made fifteen Dirhams. With some of it, he bought clothes and with some, foods. Thereupon, The Prophet said:

“Instead of coming to the Day of Resurrection as a black point because of begging, this state of yours is better.

“Begging is permissible only for the following three kinds of people: 1. The one stricken by poverty which causes one ‘to sprawl on the earth’ (extreme poverty), 2. The one in insurmountable debt, 3. The one who took on blood money in order to reconcile people.” In another narration, there is a fourth condition: “The one who suffers a very painful chronic illness can ask for as much money as he is in need of.” 1

It is clearly understood from the hadith (saying of The Prophet) that only the one who is so distressed, handicapped and disabled to work - if there is no one to take care of him/her, and if the state does not help, either -  can ask from others only so much money as to meet his/her essential needs, and beg for it. The state of being indebted should also be added to those conditions. Other than those requisite conditions, those who take begging as a means of livelihood incur a grave responsibility. The Prophet’s warnings for such people are as follows:

“Whoever asks from people their possessions in order to increase his/her possessions, s/he asks for but a piece of fire. Either for less of it, or for more, as s/he wills.” 2

That hadith views begging, without the need to do so, as non-permitted and forbidden, indicating that it results in punishment in Hell.

Therefore, such people’s proliferating should not be allowed so that the number of people committing such forbidden acts would not increase.

The intended meaning in one of the verses in the chapter ad-Duha in the Qur’an, meaning “Nor chide and drive away the petitioner.” is ‘not to turn down the one who asks a question of wisdom and who wants to learn something’. Otherwise, it should not be interpreted as not turning down anybody asking for something (3).This is because begging would be encouraged that way.

1. Abu Dawud, Zakat: 26.
2. Muslim, Zakat: 35.
3. As-Sawi, 4: 330.

Mehmed Paksu
Helal – Haram (The Permitted – The Forbidden)

5 Calculation Of Zakat

Zakat must be paid by every free Muslim, man or woman, who has a nisab (the required amount of wealth). As for the insane and children who have a nisab, if their wealth is under disposal or in circulation, their guardians pay it on their behalf. If a person dies before paying it, it must be taken from the estate before paying off any debts, if there are any, and the heirs share the inheritance.
Conditions for Nisab. Nisab is conditioned by the following:
* Nisab is the amount of wealth remaining after meeting all expenses for such vital necessities as food, clothes, housing, and a mount. Thus, one does not have to pay zakat on what he or she needs to make a living, such as tools or machines related to carpentry, farming, tailoring, or working as a doctor. All debts are subtracted from one's wealth. If one has enough secured credit to pay off the debt, it is added to one's wealth, and if the resultant wealth reaches the nisab, one must pay zakat.
* For many items subject to zakat (e.g., money, gold, silver, and cattle), a full year of the Islamic calendar should pass, starting from the day of the nisab's possession. If the wealth possessed decreases during the year but is still possessed one year later, zakat must be paid. What matters is the availability of nisab at the beginning and end of the year. However, this condition does not apply to plantations and fruits, for their zakat should be paid, or at least calculated, on the harvest day and include what has been consumed before the harvest.
* In short, there are two types of zakat: one grows by itself (e.g., crops and fruits), and the other is used for growing and production (e.g., money, merchandise, and cattle). In the former case, zakat should be paid at harvest time; in the later, at the end of the year.
* The wealth subject to zakat should be actively or potentially increasing, growing, or productive. This condition will be explained below.
* One must have private, doubtless ownership or possession and the right of disposal of the wealth liable to zakat.
Intention. Since paying zakat is an act of worship, its validity depends upon one's sincere intention to pay it for God's sake. If one pays it without making the intention, one can still intend while the wealth expended as zakat has not yet been consumed.

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ZAKAT (THE PRSECRIBED PURIFYING ALMS)

6 ZAKAT (THE PRSECRIBED PURIFYING ALMS)
7 THE PRECRIBED PURIFYING ALMS (ZAKAT)

The second important duty of servanthood is zakat. God's Messenger, who depicts prayer as Islam's pillar or support, describes zakat as its bridge (Canan, ibid., 6:346), for zakat not only brings the social strata closer to each other and fills in the gaps between them and their members, but also stops such gaps from forming.
Zakat means purity and growing. Since it purifies wealth and people's attachment to it, and causes both it and Muslims to grow in purity and sincerity, the Qur'an calls it zakat (or the prescribed alms):

(O Messenger,) take alms (prescribed or voluntary) out of their wealth so that you may cleanse them thereby and cause them to grow in purity and sincerity, and pray for them. Indeed your prayer is a source of comfort for them. God is All-Hearing, All-Knowing. (9:103)



Taking into account its very nature, zakat constitutes one of Islam's five pillars. It is associated with prayer (salat) in 82 Qur'anic verses. God, the Exalted One, prescribed it in His Book (the Qur'an), His Messenger corroborated it by his sunna, and the Muslim community by consensus upheld it. Ibn 'Abbas reported that when the Prophet sent Mu'adh ibn Jabal to Yemen (as its governor), he said to him:

You are going to a people who are People of the Book. Invite them to accept the shahada: that there is no deity but God and I am His Messenger. If they accept and affirm this, tell them that God, the Glorious One, has enjoined five prayers upon them during the day and night. If they accept that, tell them also that He has enjoined sadaqa (meaning zakat) upon their assets, which will be taken from the rich of the (Muslim) community and distributed to the poor. If they accept that, refrain from laying hands upon the best of their goods and fear the cry of the oppressed, for there is no barrier between God and it. (Bukhari, "Zakat," 1:41; Muslim, "Iman," 31.)

Many verses exhort Muslims to pay zakat and forbid hoarding wealth. For example:

The believers, both men and women, they are guardians, confidants and helpers of one another. They enjoin and promote what is right and good and forbid and try to prevent the evil. They establish the prayer in conformity with its conditions, and pay the zakat (prescribed purifying alms) fully. They always obey God and His Messenger. Those are the distinguished ones whom God shall treat with mercy. Assuredly, God is the All-Honored with irresistible might, All-Wise. (9:71)

and:

Those who hoard gold and silver and do not spend it in God's way (to exalt His cause and help the poor and needy: O Messenger,) give them the glad tidings of a painful chastisement. (9:34)

1- Who Must Pay
Zakat must be paid by every free Muslim, man or woman, who has a nisab (the required amount of wealth). As for the insane and children who have a nisab, if their wealth is under disposal or in circulation, their guardians pay it on their behalf. If a person dies before paying it, it must be taken from the estate before paying off any debts, if there are any, and the heirs share the inheritance.

Conditions for Nisab. Nisab is conditioned by the following:

* Nisab is the amount of wealth remaining after meeting all expenses for such vital necessities as food, clothes, housing, and a mount. Thus, one does not have to pay zakat on what he or she needs to make a living, such as tools or machines related to carpentry, farming, tailoring, or working as a doctor. All debts are subtracted from one's wealth. If one has enough secured credit to pay off the debt, it is added to one's wealth, and if the resultant wealth reaches the nisab, one must pay zakat.
* For many items subject to zakat (e.g., money, gold, silver, and cattle), a full year of the Islamic calendar should pass, starting from the day of the nisab's possession. If the wealth possessed decreases during the year but is still possessed one year later, zakat must be paid. What matters is the availability of nisab at the beginning and end of the year. However, this condition does not apply to plantations and fruits, for their zakat should be paid, or at least calculated, on the harvest day and include what has been consumed before the harvest.
* In short, there are two types of zakat: one grows by itself (e.g., crops and fruits), and the other is used for growing and production (e.g., money, merchandise, and cattle). In the former case, zakat should be paid at harvest time; in the later, at the end of the year.
* The wealth subject to zakat should be actively or potentially increasing, growing, or productive. This condition will be explained below.
* One must have private, doubtless ownership or possession and the right of disposal of the wealth liable to zakat.

Intention: Since paying zakat is an act of worship, its validity depends upon one's sincere intention to pay it for God's sake. If one pays it without making the intention, one can still intend while the wealth expended as zakat has not yet been consumed.

Paying Zakat at Its Due Time: Zakat must be paid immediately at its due time. Deferring it is prohibited, unless there is a valid reason not to do so.

Holdings Subject to Zakat and Their Nisab: Islam enjoined zakat on currencies and similar things, such as shares, bonds and checks, gold and silver, crops, fruit, livestock, merchandise, minerals, and treasure.

The Standard of Richness: Islam does not criticize earning; rather, it encourages working and earning one's livelihood. But it does not approve of earning for luxury and a luxurious life, and urges Muslims to work, earn, and live for the other life as their goal. It encourages mutual helping in society and spending in God's way and for the needy, and has not established a fixed standard of living. It regards having a house, a mount, two suits and other articles of clothing, and one month worth of livelihood (some say that one can keep a year of livelihood at the most) as the necessary commodities or wealth upon which one does not have to pay zakat. Bediüzzaman Said Nursi expresses a standard that can be valid for all times, as follows: While most Muslims are below the average standards of living, a Muslim cannot live a luxurious, comfortable life.

The Sunna has established approximately 90 grams of gold or about 600 grams of silver or 40 sheep or 30 heads of cattle or 5 camels as the standard. If, according to the place or the general standard of living of the people in a particular place, one has banknotes, merchandise, or other kinds of increasing income or capital whose value is equal to any of the standard values given, he or she must pay zakat. However, in establishing the nisab, the minimum amount or value, which favors the poor, is considered.

2- The Nisab and Zakat for Different Items of Wealth

The Nisab and Zakat for Gold, Silver, and Other Jewelry. The nisab for gold is 20 dinars (approximately 90 grams) and for silver is 200 dirhams (approximately 600 grams), both being owned for one year. The due on them is one-fortieth of their value. Any additional amount is to be calculated in this manner. Gold and silver are combined. Thus, if one has gold and silver whose value is equal to 200 dirhams of silver, zakat must be paid. Likewise, gold, silver, banknotes and the like, and commercial merchandise are also combined. Things made of gold and silver are treated like gold and silver. In other words, if the weight of gold and silver they contain amounts to the nisab, their zakat is paid.

Although most of the scholars opine that no zakat has to be paid on diamonds, pearls, sapphires, rubies, corals, or other precious stones that women wear as ornaments and unless they are used for trade, it is piety and a measure to be saved from the obligation of zakat, which is both God's and people's right on rich people, to make some payment due to them. One should not buy such precious stones in order to avoid paying zakat.

Banknotes, Checks, and Bonds: As these are documents with guaranteed credits, banknotes, checks, and bonds are subject to zakat, at the rate of one-fortieth of their value, when they are owned for one year and attain the minimum of nisab (being equal in value to 200 silver dirhams). A person may change them into currency immediately. They are combined with currencies, gold and silver, and commercial merchandise.

Commercial Merchandise: Any commercial merchandise that is religiously lawful to use, consume, buy, and sell (e.g., clothes, grain, iron, copper, cattle, sheep, houses, shops, and cars) is subject to zakat. Their due is one-fortieth. Due to gold's stable value, jurists maintain that it should be the basis upon which the nisab of commercial merchandise is determined.

Buildings and Vehicles of Transportation That Are Sources of Income: One who rents out a house, a shop, tools, vehicles, or land, or who has vehicles working in transportation, must pay zakat on the rent and income received. If their annual revenue is equal to nisab, after the money spent on them is deducted, the owner pays their zakat every month. Since they are compared with land and land products, their zakat rate is one-tenth.

Industrial Investments and Means of Production: These items are currently among the greatest sources of income. Although people's private houses, tools, and machines by which they earn their living are not subject to zakat, industrial investments and means of production (e.g., factories) are, for they are growing and sources of revenue. Some jurists compare them to land and land products, and say that their zakat rate is one-tenth. Others compare them to commercial activities and merchandise, and say that their zakat rate is one-fortieth of the value remaining after debts, expenses on necessary material, workmanship, production, marketing, and financing have been subtracted.

Wages, Salaries, and Independent Businesses: Since wages, salaries, and earnings from independent businesses are steady and continuous and potentially growing, they are subject to zakat if the amount remaining after the yearly average expenditure on livelihood reaches nisab. The rate is one-fortieth. Although there are diverse standards of living, Muslims do not think of living a comfortable life when the majority of Muslims and humanity are living a below-average life. Some jurists say that this type of zakat should be paid after one year; others say that it should be paid monthly.

Cattle, Sheep, and Goats: Cattle, camels, sheep, and goats are subject to zakat. They must be commercial or grazing, and have been in one's possession for a year. The nisab of each is as follows:

* When one has 5 grazing camels for one year, their due is 1 sheep, which is also the due for 5 to 9 camels. The due for 10 to 14 camels is 2 sheep, for 15 to 19 camels is 3 sheep, and for 20 to 24 camels is 4 sheep. The due for 25 to 35 camels is a 2-year-old she-camel, for 36 to 45 is a 3 year-old she-camel, for 46 to 60 is a 4-year-old she-camel, for 61 to 75 is 5-year-old she-camel, for 76 to 90 is 2 3-year-old she-camels, and for 91 to 120 is 2 5-years-old she-camels.
* The nisab for cattle is 30. For 30 to 40 heads of cattle, a 2.5-year-old male or female weaned calf; for 40 to 60, a 3-year-old weaned calf; for 60, 2 1-year-old calves. When there are more than 60 heads of cattle, the rate is 1 calf for each 30 heads and 1 weaned calf for each 40 heads.
* When one has 40 sheep or goats, their due is 1 sheep or goat. For 40 to 120 it is the same, for 120 to 200 it is 2 sheep, for 200 to 399 it is 3 sheep, and for 400 to 500 it is 4 sheep.

Farm Products: The zakat on farm products is paid when they are har-vested. One must calculate them in advance if he or she wants to use or benefit from them. Most scholars maintain than their nisab is about 50 quarters, that is, if one has that amount of farm products, one must pay their zakat. The due for farm products naturally irrigated (with rain) is one-tenth; if they are irrigated by their owner, who must pay the related expenses, the due is one-twentieth.

Minerals, Mines, Buried Treasure, and Sea Products. The zakat on such items is one-fifth. If a buried treasure is found in a land whose owner is unknown or belongs to the state, one-fifth of it is given as zakat and the rest belongs to the finder. If it is found in a land whose owner is known, one-fifth is given to the owner. Scholars have ruled that there is no nisab for such items. However, some maintain that when these items are worth about 600 dirhams of silver or 90 grams of gold, zakat must be paid.

3- Recipients

Scholars have divided property into two categories: hidden (kept at home, such as money, gold, and silver) and property kept in the open (e.g., animals and farm products). During the Prophet's lifetime and that of the caliphs, zakat was collected by officials appointed for that purpose. There was even a special zakat fund in the state budget. In later times, the state began to collect zakat on the property in the open and let the owners of hidden properties take care of it by themselves.

Muslims or Muslim communities must find a good, preferable way to collect zakat in the absence of an Islamic authority and distribute it properly, as mentioned in 9:60. They are:

* Poor people who do not earn enough to keep themselves and their families alive.
* The destitute who cannot meet their basic needs.
* Zakat collectors.
* Those whose hearts, due to their weak Islam, need to be reconciled or strengthened for Islam; whose hearts can be swayed toward Islam; or those whose evil against Islam and the Muslims could be avoided.
* To free Muslim prisoners-of-war and emancipate slaves.
* To help those who are overburdened with debt.
* To support those who exalt God's word, strive for God's cause (mujahidun), and provide for students and pilgrims.
* Travelers, either at home or abroad.

The recipients of zakat are mentioned in the following verse:

The prescribed alms are meant only for the poor and those in destitution (although, out of self-respect, they do not give the impression that they deserve help); those in charge of collecting and administering them; those whose hearts or friendship and support are to be won over for God's cause, (including those whose hostilities might be prevented thereby); to free those in the bondage of slavery and captivity; to help those overburdened with debt; and in God's way (to exalt God's word, to provide for students and help pilgrims); and for the wayfarer (in need of help). This is an ordinance from God. God has full knowledge of everything, All-Wise. (9:60)

Zakat is distributed among the recipients according to their need and priority, assigned to those in greater need, or according to circumstances. But zakat is not voluntary charity given to please the poor or needy; rather, it is spent to eradicate poverty, provide capital for the needy in order to save them from their need, to fill the gaps between classes, or to prevent such gaps from appearing in society.

4- Sadaqa al-Fitr (The Charity of Fast-Breaking)

Sadaqa al-fitr must be paid by every free Muslim whose wealth meets one's basic needs and has extra wealth equal to 600 grams of silver. A Muslim must pay it for himself, his wife, children, and servants at the end of Ramadan to purify those who fast, to protect them from indecent act or speech, and to help the poor and needy. It is given before the 'Iyd prayer on the 'Iyd (Religious Festive) Day. One who forgets to pay it, or cannot pay it at this time due to some valid excuse, must pay it when one remembers it or has no more excuse.

Traditionally, sadaqat al-fitr has been calculated on the basis of, and paid as, wheat, barley, dates, and dried grapes. However, the amount to be paid must be sufficient to meet an average person's daily food intake. It can be paid either in the kind, as mentioned above, or in its monetary equivalence.

5- Infaq (Spending in God's Way)

Islam views wealth realistically - as an essential aspect of life and the main means of individual and group subsistence. God Almighty says: Do not give to those devoid of good judgment and sanity your property, which God has put in your charge as means of support for you (and the needy) (4:5). This amounts to saying that wealth is to be distributed to meet basic needs (e.g., food, clothing, lodging, and other indispensables), and that no one is to be lost, forgotten, or left without support. The best way to distribute wealth so that everyone's basic needs are met is through zakat, for it places no burden upon the wealthy, meets the basic needs of the poor, and relieves them of life's hardships and deprivation's pain.

Zakat is not a favor of the wealthy to the poor; rather, it is a due that God entrusted to the rich so that they might deliver it to the poor and distribute it among the deserving. This establishes the following truth: Wealth is not exclusively for the rich, but for the rich and the poor. This is what is meant by God's saying: so that this (wealth) may not circulate solely among the rich from among you (59:7). Zakat must be paid by those who can pay it, and must be given to the poor and the needy so that they can meet their basic needs, not go hungry, and acquire a sense of security and general well-being. If there is not enough zakat to meet such needs, the rich can be subjected to further taxation. How much should be taken is not specified, for that depends upon the needs of the poor.

The Qur'an urges the wealthy to spend in God's way and for His cause. For example, in praising the believers, it declares:

They spend in God's way (of whatever God has bestowed upon them) both in ease and hardship, restrain their rage (even though they are able to retaliate and avenge), and pardon people their offenses. God loves (such) people devoted to doing good, conscious that God always sees them. (3:134)

They establish the (prescribed) prayer (in awe and veneration of God and in conformity with its conditions), and spend as subsistence out of what-ever We provide for them (of wealth, knowledge, power, and so on to those really in need purely for His good pleasure and without placing others under obligation).(8:3)
The Qur'an tells us to give from what we love and not to place people under obligation because of what we spend in God's way or give to them:

Those who spend their wealth in God's way and then do not follow up what they have spent with placing under obligation and taunting, their reward is with their Lord. There shall be no fear on them (both in this world and the next, for they shall always find My help and support with them), nor shall they grieve. A kind word and forgiving (people's faults) are better than almsgiving followed by taunting. God is All-Wealthy and Self-Sufficient, (absolutely independent of people's charity), All-Clement (Who shows no haste in chastising). (2:262-63)

You will never be able to attain godliness until you spend of what you love (in God's way or as sustenance to the needy). Whatever you spend, God has full knowledge of it. (3:92)

Spend (of whatever you have) in God's way, and do not cast yourselves into destruction with your own hands (by refraining from doing so). Whatever you do, do it, conscious that God sees it, and in the best way possible. God loves those who are devoted to doing good, conscious that God always sees them. (2:195)

God promises great reward to those who spend their wealth in His way, and warns against being miserly and spending only to attract people's attention:

The example of those who spend their wealth in God's way is like that of a grain that sprouts seven ears, and in every ear there are a hundred grains. Thus God multiplies for whomever He wills. God is One Who embraces all (with His mercy), All-Knowing. (2:261)

Those who act miserly (in spending of what God has granted them) and urge others to be miserly, and conceal the things God has granted them out of His bounty (such as wealth and certain truths in their Book), We have prepared for (such) disbelievers a shameful, humiliating chastisement. And (also) those who spend their wealth (in charity or for another good cause) to make a show of it to people and be praised by them, when they believe neither in God nor in the Last Day. Whoever has Satan for a comrade, how evil a comrade he is!! (4:37-38)

Another point to stress here is that generalizing certain matters sometimes has caused great misunderstanding and wrong applications, as in the cases of condemning the world and asceticism. Humanity is God's vicegerent on Earth, meaning that people have the right to interfere with things (i.e., the ecological equilibrium and 'nature's" universal laws) within the bounds established by God, improve Earth, and rule it in God's name and according to His laws. This duty falls first of all upon believers, because denying God in any way severs the link between God and humanity and makes people beings who shed blood and cause unrest upon Earth.

Since maintaining human existence depends upon belief and the existence of a formidable group of believers with the potential to bear the Divine Trust, Earth's Divine bounties belong, first of all, to believers. In return, they are obliged to administer them and distribute them justly among people. Thus, they are to use Earth's bounties in accordance with God's Will, and to thank Him in return. However, they are forbidden to go beyond the lawful limits in benefiting from them and make eating and drinking the goal of their lives.

In addition to engendering competitive clashes over such items, overconsumption also leads to accumulated energy that, if not controlled, causes such destructive sins as adultery and prostitution. So, to avoid such destruction, individuals can adapt, and are even advised to embrace, asceticism. But the Muslim community cannot leave earthly bounties, as well as their administration and distribution, to others in the name of asceticism. As Bediüzzaman Said Nursi puts it, believers must not set their hearts on the world but must work and earn to maintain themselves, uphold God's Word, and spend in His way.

8 What is the importance of zakah (alms) in terms of the community?

* Zakah (alms) is the balance of power in ownership. It neither eliminates the property of its owner nor does it leave it all to its owner, depriving the poor from it. It divides the property between the poor and the rich based on certain rates. 

* Zakah is a kind of social security and insurance. Among the aims of zakah are to help the needy, to support weak people like the poor, the destitute, those who are in debt and the travelers who cannot reach their destination. Everything that strengthens the personality of the individual that makes him economically strong and that improves his material and spiritual means strengthens the community, too. 

* Zakah is an insurance that covers all classes that are in need all of their needs regarding their bodies, spirits and ethics. The first foundations of modern social security were laid in 1941. Representatives from the UK and the USA convened for the treaty of the Atlantic in 1941 and decided to set up a social security organization for individuals. However, Islam introduced the organization of zakah 14 centuries ago. 

* Zakah eliminates the gaps and differences between the rich and the poor in the society. It decreases the distance between classes and enables the formation of the middle class.

The increase in the number of the middle class citizens will affect the market in the positive way. The property will not be something that is owned by one class only; the purchasing power of the poor will increase, too. Not only the rich but also a great portion of the community will be able to meet their needs and live comfortably in the community. 

Verse 7 of the chapter of al-Hashr prohibits the property from being some wealth that is circulated among the rich only. This can be achieved only through zakah.

* Zakah prevents money from being stockpiled; it leads money to investment. For, it is given from the capital not from the profit; so it will decrease if it is not put in business. The owner will invest the money in order to prevent it from being decreased; and he will try to increase it.

* Zakah enables social balance.  God Almighty created His servants differently in terms of both nature and living standards. Some of them are; rich some are poor and some are in between. 

The following is stated in a verse:

"Allah has bestowed His gifts of sustenance more freely on some of you than on others." (an-Nahl, 71)

It is impossible for everyone to have the same amount of income because there are different duties and jobs in the society that are different from one another in terms of responsibilities and working conditions. If some duties and professions are neglected, its impacts will cause irreparable harms to the society. If all the duties had the same salaries, nobody would want to do the harder works; everybody would prefer the easier ones. Thus, the harder jobs and the jobs that encumber more responsibilities would be neglected and life system would be broken. 

Therefore, it is a necessity for people to be different in terms of income and life standards. However, a bridge is necessary in order to prevent this difference from forming a cliff. This bridge is zakah.

* Zakah fastens together the individuals of a community. 

Zakah fastens together the individuals since it is a kind of social solidarity.  The rich will develop the feelings of love, compassion and mercy toward the poor. The poor will develop the feelings of obedience, respect, working carefully toward the rich. The feelings of jealousy, enmity, and envy will be soothed and even eliminated. The rich will not oppress the poor and put them under obligation; the poor will not develop the feelings of humility, slavery, grudge and enmity toward the rich. The following is stated in a hadith: "The heart makes a person love the one who does him a favor and makes a person dislike the one who treats him badly."

* Zakah prevents individuals from nurturing grudge and hatred and from cooperating with the enemies of the society and the subverters. If the rich do not meet the needs of the poor, necessity and financial difficulty will cause them to join the enemies of Muslims or will cause them to do evil deeds like stealing, robbing or killing.

* Zakah is a door to investment and a great initiative to development. Zakah has both social and economic aspects. Therefore, it is an initiative to development. 

* The difference between the rich and the poor has always caused a struggle of classes that has been going on openly or secretly since the beginning of social life - The revolutions and bloody riots seen in history are all the manifestations of this struggle that is the struggle of "you have; I do not have". Islam introduced the institutions of zakah,  sadaqah and foundations in order to soothe this struggle existing since the start of community life; it also trained its followers to have patience, content and consent to qadar. Neither the pride of wealth nor the envy caused by poverty is seen among believers who have been trained like that.

9 Zakat for Land and Vehicle

You don't need to give zakat (alms) for the vehicle (in use) and property (land) for constrcuting a home.

10 What is the procedure for zakah to give?

For the answer please click on the link given below.

Calculation of the Zakah.

11 Zakatable Assets/Items..

Zakah (alms) is not paid for diamonds, emeralds, rubies, pearls and similar precious stones that are kept as ornaments or adornments. However, zakah is paid for gold and silver even if they are kept as ornaments or adornments if they are more than the amount of nisab (minimum amount liable to zakah). It is the view of the Hanafis. According to Shafiis, zakah is not paid for the ornaments or adornments of women. (al-Ayni Sharh al-Hidayah.)

Zakah is not paid for any kinds of jewelry except gold and silver unless they are kept for trade. Therefore, the brilliants, rubies, diamonds, pearls and similar things that are kept as ornaments by women are not subject to zakah. (al-jawharatu'n-Nayyira)

(Celal Yıldırım, Kanaklarıyla İslam Fıkhı, Uysal Kitabevi: 2/116-142.)

12 How can I calculate zakath on deposited money in Islamic bank?

You must pay alms via the latest total amount of money. So, you have to give alms the fortieth of both the capital money and its profit.

13 Can a woman give her zakat to her maternal grandmother?

One cannot give alms (zakat) to his wife, to his usul (father, grandfather, mother, grandmother, etc.) and to his furu’ (children and grandchildren) even if they are poor. He cannot give alms to his wife who is in iddah (waiting) period (When a woman is divorced or her husband dies, she must wait for a prescribed period of time before she can remarry.) either, because the benefit of this zakat given to her partially belongs to him. However, this benefit must be totally away from him.

According to Imam Azam, a woman cannot give her zakat to her husband who is poor either, because according to the tradition, there is a partnership of benefit between the two. According to the two Imams, a woman can give her zakat to her husband who is poor.

14 Zakat on Retirement account IRA/401K

If you have no chance of drawing your money from the bank at the moment then at the time of retirement you can calculate the sum of the years and give your zakat. (alms) If you have a chance of drawing your money from the bank then you can give your zakat. Or at every month, when you pay money, you can calculate the amount of zakat and give it from your salary. You should also intend beforehand giving the money as your zakat.

15 A question about Sadaqa

Sadaka or offering are good deeds, but not obligatory acts. They are just worship, pray and supplication to Allah Almighty. Allah is the True Healer alone. Sadaka should be offered just for the sake of Allah. Our intention should be like this in any case.

Furthermore, since man is subject to endless tribulations and afflicted with innumerable enemies despite his boundless impotence, and suffers from endless needs and has innumerable desires despite his boundless poverty, after belief, his fundamental innate duty is supplication. As for supplication, it is the basis of worship of God and servitude to Him. In order to secure a desire or wish he cannot obtain, a child will either cry or ask for it, that is, he will supplicate through the tongue of his impotence either actively or verbally, and will be successful in securing it. In the same way, man is like a delicate, petted child in the world of all living creatures. He has to either weep at the Court of the Most Merciful and Compassionate One through his weakness and impotence, or supplicate through his poverty and need, so that the things he wants may be made subject to him, or he may offer thanks for their being made so. Otherwise like a silly child who creates a fuss over a fly, saying: "With my own strength I subjugate things it is not possible to subjugate and things a thousand times more powerful, and I make them obey me through my own ideas and measures," he displays ingratitude for the bounties. And just as this is contrary to man's innate nature, so too he makes himself deserving of severe punishment.

16 Is it permissible to help the poor people regardless of their religion and race?

a. Sadaka can be given to any person regardless of his/her religion and race. So it is permissible to feed the poor non-Muslims in order to make their hearts reconcile with Islam. For more information about this subject please click on the link given below.

MUALLAFA AL-QULUB (THOSE WHOSE HEARTS ARE TO BE RECONCILED WITH ISLAM)

b. There is no any limit. You can feed as many people as you want for 60 days.

  

17 can the purpose of extra zakat given be changed later?

The answer is NO. If your husband had intended for you as well as for himself beforehand then it would have been accepted religiously. But now it is not possible.

18 Is the money a person spends for his parents, wife, children, brothers and sisters regarded as infaq (charity)?

Infak means to spend the money or goods earned legitimately on needs and the things that the religion regards necessary or nice. 

All of the money a person spends on his parents, wife, children, brothers and sisters is regarded as infaq (charity).

"Infaq" has a chain (hierarchy) in itself in terms of its time and conditions. For instance, there are fard, (wajib) and mandub types of infaq; according to this classification, the first one in the fard list of "infaq" is zakah.

Man’s taking care of himself and his spending on his family is "infaq" that is fard in the second degree.

The third degree in the fard "infaq" is the spending on jihad.

All kinds of sadaqah are included in the mandub (nice and desired) part of "infaq". (Qurtubi, I/179)

However, it is also stated that "infaq" includes only the spending in the form of tabarru (tatawwu) and that it does not include zakah. However, the first view is more appropriate. (Razi, 2/3)

Let us see what is necessary to do regarding the issue in the light of the hadiths of the Prophet (pbuh):

Sadaqah to One’s Family:

“When a Muslim spends something on his family intending to receive Allah's reward, it is regarded as sadaqah for him." (Bukhari, Nafaqat 1; Muslim, Zakah 48)

"The money a person spends for himself and his family is sadaqah; he should start spending on his family first and look after his relatives." (Bukhari, Zakah 18; Muslim, Zakah 38, 95, 97; Abu Dawud, Zakah 46)

Sadaqah to One’s Wife:

“You will be rewarded for whatever you spend for Allah's sake even if it were a morsel which you put in your wife's mouth.“ (Bukhari, Iman 41; Muslim, Wasiyyah 5)

Moreover, a person’s sexual intercourse with his/her spouse is regarded as sadaqah:

“Some Companions said to the Prophet:

‘O Messenger of Allah! The rich have taken away all the reward. They observe prayer as we do; they keep the fast as we keep, and they give sadaqah/zakah out of their surplus riches.’ Thereupon, the Prophet (pbuh) said:

‘Has Allah not prescribed for you a course by following which you can also do sadaqah? In every declaration of the glorification of Allah (Subhanallah) there is a sadaqah, and every takbir (Allahu Akbar) is a sadaqah, and every praise of Allah (Alhamdulillah) is a sadaqah and every declaration that He is One (La illaha illallah) is a sadaqah, and enjoining what is good is a sadaqah, and forbidding what is evil is a sadaqah; and in man's sexual intercourse with his wife, there is a sadaqah.’ The Companions said:

‘O Messenger of Allah! Is there reward for a person who satisfies his sexual passion?’ The Prophet (pbuh) said:

'Tell me, if he were to devote it to something forbidden, would it not be a sin on his part? Similarly, if he were to devote it to something lawful, he should have a reward.'” (Muslim, Zakah 53; Ahmad b. Hanbal, Musnad, V/167-168)

Sadaqah to One’s Guest:

“Anybody who believes in Allah and the Day of Judgement should give his guest his reward."

The Companions asked: 'O Messenger of Allah! What is the reward of the guest?' The Prophet (pbuh) said:

"To be entertained generously for a day and a night. The guest has the right to be entertained for three days. If he stays longer, what he will be provided with will be regarded as sadaqah.” (Bukhari, Adab 31; Muslim, Luqata 14)

Sadaqah to All People and Animals:

“If a Muslim plants a tree or sows seeds, and if a person or an animal or a bird eats from it, it is regarded as sadaqah for that Muslim.” (Bukhari, Harth wa Muzaraa 1; Muslim, Musaqah 12)

In short, it is possible to transform anything into a sadaqah. As a matter of fact, the following statement of the Prophet expresses it very clearly:

“It is necessary for man to give a sadaqah for every joint of his body every day:

- It is a sadaqah if you establish justice among people.
- It is a sadaqah if you assist a man to ride upon his animal or help him load his luggage upon it.
- It is a sadaqah if you say a good word.
- Every step that you take towards prayer is a sadaqah.
- It is a sadaqah if you remove harmful things from the pathway.” (Bukhari, Sulh 11; Muslim, Zakah 56. See also Abu Dawud, Tatawwu 12)

“Smiling at your brother is a sadaqah.” (Tirmidhi, Birr 36)

On the other hand, a person who wants to give sadaqah should meet his needs and the needs of his family first. As Allah states, he should give sadaqah from "what is beyond his needs". (see al-Baqara 2/219; Bukhari, Zakah 18, Nafaqat 2)

It is not appropriate for a person who meets his needs and the needs of his family with difficulty to give his money away as sadaqah and to make his family members needy.

"Sadaqah given to a relative is regarded as twice more rewarding than sadaqah given to another person." (Tirmidhi, Zakah 26; Nasai, Zakah 82; Ibn Majah, Zakah 28)

Feeding the hungry (Bukhari, Iman 6, 20; Muslim, Iman 63) and giving food to people are among the most charitable deeds. (Tirmidhi, At'ima 45, Qiyamah 42)

INFAQ

Infaq means to spend the money or goods earned legitimately on needs and the things that the religion regards necessary or nice, to distribute the visible-invisible boons given by Allah as sustenance to others. It is an Arabic word but it is used by Muslims of all nations since it became a term. Its root in Arabic is na-fa-qa. It means “go out”, “leave”. The hole that a rabbit comes out is called "nafiqa", a person who exits belief or from whose heart belief exits is called a “munafiq”, the part of the trousers where the foot comes out is called "neyfaq", sustenance running out is called "infaq", and the tunnel, which is a place of coming out from the underground is called "nafaq". There is a relationship between the root and those words. The financial responsibility of a person to give to the people he is religiously obliged to take care of is called “nafaqa”; the relationship between the root and the meaning is clear.

As it can be understood from the definition of "infaq" that includes all of the meanings above, it also means to spread and teach the useful knowledge that one has. For instance, the following phrase at the beginning of the Quran describing the believers who attain salvation, "and spend out of what We have provided for them" (2/3) associates this meaning with "infaq" too. This verse is, in fact, remarkable in that it indicates the properties "infaq" needs to have: It is understood from the preposition "min = from" that the one who gives should give some of it, not all of it, which will cause him to be a poor person by wasting; it is understood from the word "ma = what" that it is necessary to give not only from material things but also from spiritual things like knowledge; it is understood from the phrase, "what We have provided for them" that there will be no feeling of rubbing it in and gratitude since one gives from what Allah has granted him; it is understood from the phrase "spend out (yunfiquna)" that they give for needs, not for other expenses and what they give is not a little but enough to meet a need; they are the real properties of "infaq". “Infaq”, which has all of those properties, has a chain (hierarchy) in itself in terms of its time and conditions. For instance, there are fard, (wajib) and mandub types of infaq; according to this classification, the first one in the fard list of "infaq" is zakah. Man’s taking care of himself and his spending on his family is "infaq" that is fard in the second degree. The third degree in the fard "infaq" is the spending on jihad. All kinds of sadaqah are included in the mandub (nice and desired) part of "infaq". (Qurtubi I/179) There are nearly two hundred verses in the Quran about the types of "infaq", which is a clear indicator of material transfer, movability of property, spreading the wealth, distribution of income and even wealth, transfer of money from those who have to those who do not have, in short, the dimensions of social justice; no makruh or haram type of "infaq" exists because this term is absolutely positive. Makruh or haram spending is not called "infaq" but “waste”, "extravagance", etc.

However, it is also stated that "infaq" includes only the spending in the form of tabarru (tatawwu) and that it does not include zakah. However, the first view is more appropriate. (Razi 2/3)

On the other hand, the Messenger of Allah (pbuh) explains the hierarchy of "infaq" in a hadith: Somebody went to the Prophet and asked, “I have one dinar. What shall I do with it?” He said, “Spend it for yourself.” He asked, “What if I have two dinars?” He said, “Spend it for your family.” He asked, “What if I have three dinars?” He said, “Spend it for your servants (employees).” He asked, “What if I have four dinars?” He said, “Spend it for your parents.” He asked, “What if I have five dinars?” He said, “Spend it for your relatives.” He asked, “What if I have six dinars?” He said, “Spend it in the way of Allah.” Verse 215 of the chapter of al-Baqara mentions a clearer order for this hierarchy: "They ask thee what they should spend (In charity). Say: Whatever ye spend that is good, is for parents and kindred and orphans and those in want and for wayfarers..." Another hadith gives a different order based on different conditions for this classification: "The best money a person spends is the money for his family, for his mount in the way of Allah and for his friends in the way of Allah." The following is stated in another hadith: "Among one dinar you spend in the way of Allah (jihad), one dinar you give a poor person for sadaqah and one dinar you spend for your family, the one you spend for your family has the most thawab." (Qurtubi I/179)

All kinds of “infaq” are advised and encouraged in the hadiths of the Messenger of Allah with emphasis. He states that everybody should save himself by giving even a half date, that sadaqah will increase sustenance, lifespan and wealth, that it will stop Lord’s wrath, provide victory and bless one’s wealth. Besides, Allah states that whatever is given as infaq will be replaced by Allah. (34/39) The Messenger of Allah (pbuh) also states that the sustenance of a person who does not do “infaq” will be decreased, that generosity is of Allah’s ethics, that supporting the poor will prevent bad death and that sadaqah will prevent misfortunes like a lightning rod. To sum up, infaq is regarded as the second basic element of Islam, its “bridge” and the means of regulating the world. 

19 Zakat on Retirement account IRA/401K

If you have no chance of drawing your money from the bank at the moment then at the time of retirement you can calculate the sum of the years and give your zakat. (alms) If you have a chance of drawing your money from the bank then you can give your zakat. Or at every month, when you pay money, you can calculate the amount of zakat and give it from your salary. You should also intend beforehand giving the money as your zakat.

20 Is it necessary to pay the zakat of the goods that one has lent to others?

The ownership of goods and having them at hand at the same time

There are some conditions for the zakat of the goods to be wajib and it is also necessary to have them at hand.  Then, along with owning some goods, it is necessary to have them at hand or at one’s proxy’s hands in reality or by default. It is not necessary to pay zakat of the goods that belong to the owner but that have been held by others and that are not expected to receive again. (1) Let us give some examples:

a) A debt that is denied,

b) Goods or money that have been grabbed by others

Even if the grabber accepts that he has grabbed the goods, it is not necessary to pay the zakat of them unless they are returned to the owner.

c) Goods or money that have been lost,

d) Goods or money that have been dropped into the sea,

e) Goods or money that have been buried in the desert but the place where they have been buried has been forgotten or has become uncertain,

The goods or money that have been buried in one’s house but that have been forgotten are excluded because it is possible to find them through a thorough search. (2) However, if the goods or money have been buried in the garden or field but have been forgotten, there are two views about it: According to some scholars, it is necessary to pay zakat of them because it is possible to find them. According to others, it is not necessary to pay zakat of them because it is very difficult to dig the whole field or the garden.

Similarly, it is necessary to pay the zakat of a debt to be received even if the person to pay it denies it if there is strong document or witnesses confirming it. If there is no document or witness, then it is not necessary. That is the sound view. (3)

If some documents or witnesses appear about a debt after years pass, it is not necessary to pay zakat for it. However, when one year passes after it is paid, the zakat of it is paid. According to some fiqh scholars, when the money is received, the zakat of that year is paid; the zakat for previous years is not paid. However, if the qadi (judge) of that period knows about that debt, that is, if it is confirmed through official documents, then the zakat of previous years is paid too. (4)

If the debtor has gone bankrupt :

If a debtor goes bankrupt and after some years improves and if the qadi knows about the state of bankruptcy, it is wajib to pay the zakat of the previous years if the debt is paid according to Imam Abu Hanifa and Imam Abu Yusuf. (5)

If the debtor accepts that he owes when there is nobody else around but denies when other people are present:

If the debtor denies that he owes when other people are present and accepts that he owes when he is alone with the creditor, then it is not added to the amount of the money out of which zakat is paid; it is not necessary to pay zakat for it.

If the debtor accepts that he owes but denies it when he is in the presence of a judge, then it becomes necessary to listen to the witnesses; if the judge decides in favor of the creditor after listening to the witnesses, then the zakat of that debt is calculated beginning from the date of the decision. (6)

If the debtor flees: If the debtor flees so as not to pay his debt and if the creditor can catch him or makes a proxy catch him, then it is necessary to pay the zakat of that debt. If he cannot catch him, then it is not necessary to pay zakat for it. (7)

Debts are divided into three:

1- Strong debts. 2- Medium debts. 3- Weak debts

1- Strong debts: Money and commercial goods lent to someone are regarded as strong debts. If they are not denied by the debtor, or if they are denied but the creditor has bonds and witnesses about it, it is necessary to pay zakat of them. It is also necessary to pay the zakat of the previous years. However, the zakat can be delayed till the payment is received. Accordingly, if the gold you will receive is more than the amount of nisab (minimum number, quantity or amount of assets the possession or ownership of which makes a person liable to pay zakat), you need to pay zakat for each year.

2- Medium debts: The goods that are not commercial are medium debts: like used clothes, the rents of the houses, etc. The zakat of them is calculated beginning from the date they are received; zakat is not paid for them unless they are more than the amount of nisab.

3- Weak debts: They are the values that have no equivalents in terms of goods; like the inheritance, mahr (dowry) and diyya (blood money or ransom). Zakat is paid for those kinds of goods beginning from the date they are received only if they are more than the amount of nisab and after a year passes.

Footnotes:

1- Al- Muhit- Sarakhsi- Al- Badayi’- Qasani.

2- Bahr ar-Raiq - Ibn Nujaym.

3- Al-Kafi - Hakim-i Shahid Al-Marwazi.

4- Al-Kafi - Hakim-i Shahid Al-Marwazi - At-Tabyin - Zaylai.

5- Jamius-Saghir - Qadihan.

6- Fatawa-yi Qadihan.

7- Al-Muhit - Radiyuddin Sarakhsi - - Fatawa-yi Hindiyya.

Reference: Celal YILDIRIM, İslam Fıkhı

21 Is it permitted to deposit money in the bank without interest and to keep money in demand deposit in the bank?

Such a transaction is not interest and is permitted. However, it is more appropriate not to keep money in banks so as not to support the companies which perform interest-related transactions.

In our time, it is important that Muslims should be very careful about interest and interest-related transactions and that they should not engage in it in the slightest. This is because the market and commercial dealings have come to such a state that they force one into interest and give the assumption that they cannot carry on without interest.

So under such circumstances, it is vital that a believer behave watchfully and reasonably so that his/her faith is not harmed.

However, economical conditions and principles of our time bring traders face to face with interest-related companies even if indirectly. And this happens through taking and giving bank checks, collecting debts, sending money orders and so on.

In this case, selling the check or voucher which is not yet due for less amount than the amount written on it is not permitted, as it is a direct involvement in interest. However, as there is no other way in collecting check and voucher money or otherwise it would be very hard to carry out transactions, one does not involve in interest if one performs transaction by paying normal expenses of dealings. This is because in that there is no state like keeping the money and obtaining interest. To money orders, too, the same principles apply. When the money sent by the customer or by the debtor comes through money order of a bank, neither the customer nor the owner engages in interest in any way. Actually, the money order is notified on its due date, and the owner goes and withdraws his/her money.

All that said, it is best to carry out such dealings without opening an account. If commercial transactions do not function without opening a small account, as the accumulating interest will be left to the bank, this means support to an interest-related organization however little it is. It is most reasonable not to leave money in the bank.

Mehmed Paksu İbadet Hayatımız-1

22 zakaat in monies put into a business

If a person has shares of a factory, he has to give zakah if he has the amount of nisab. It is calculated as follows:

First, the total value of all of the shares are calculated. Then, the value of the factory, the office building, machinery, tools and the furniture are subtracted from the total. The total of the remaining tradable goods, raw materials and the money are divided by the amount of the shares. The number (product) is divided by forty and the amount for zakah is obtained. 

In other words, everything except the factory building, machinery and furniture must be calculated and divided by the amount of the shares. For instance, if the amount for each share is TL one million, the zakah for each share is TL twenty-five thousand.

However, if the intention of the person who holds the shares is buying and selling shares, then he should calculate and give one-fortieth of the values of the shares as zakah.

The shares of the companies are calculated based on their current value and their zakah is given based on it. (Fiqhul-Islam wa adillatuhu, v. 2, p. 774).

23 Is it permissible to regard receivables as zakah?

According to Hanafis, it is not appropriate toregard receivables as zakah because when zakah is given, it is necessary to own the money at that time and to give it with the intention of zakah. Therefore, the best thing to do for the creditor is to give zakah to his debtor and for the debtor to pay his debt to the creditor with this money. However, it is not appropriate to lay it as a condition while giving zakah. That is, it is not permissible for the creditor to say to a needy person who owes him some money, "I will give you zakah if you agree to pay your debt to me."

However, if both parties have this as an intention but do not lay it as a condition, the money the creditor gives to the debtor is regarded as zakah and when the debtor pays his debt with that money, he is relieved of his debt. If the debtor says to the creditor, "I am not good financially; if you give me zakah, I will pay your debt",and if the creditor gives him zakah and he pays his debt, it is permissible. For, the money is not given by laying a condition. A suggestion takes place. (al-Anwar, l/151)

Due to this property of the issue some scholars say, "It is necessary to give zakah to the debtor and then ask him to pay his debt immediately after giving it" to regard the receivable as zakah while other scholars say, "The debtor needs to borrow money from somebody else and pay it to the creditor; then, the creditor needs to give him zakah; thus, the debtor will be relieved of his debt." The practices in the past were like that. Such practices were done in the past in order to prevent regarding receivables as zakah and to apply the condition of owning the money while giving zakah.

However, this practice, which interprets owning the money in a narrow sense, can hurt the feelings of the debtor; therefore, according to the information given in Islamic Researches Catechism and the decrees showing the view of the Turkish Presidency of Religious Affairs, it can be enough to say to the debtor, “I regard your debt as my zakah; do not feel indebted to me. You do not owe anything to me.” There is no need to use the method of owning the money while giving zakah by giving the money first and asking the money back after it, which can offend the debtor. It is stated that to interpret owning the money in this wide sense is favorable for the needy people; therefore, it should be preferred.

Attention is drawn to the fact that this view relieves the debtor and makes it easy for the creditor to regard his receivables as zakah. If there is nothing else to do to settle the issue, and if the debtor is needy, this view can be used.

24 How is Zakah Paid?

Zakah for gold, silver, cereals, domestic animals and commercial commodities that are subject to zakah can be paid by giving some of those goods themselves or their equivalents. It is up to the person who pays zakah. Accordingly, a person who has gold can pay its zakah as gold, fabrics, cereals, silver, etc. However, it is better to prefer the way that is more useful for the poor. Zakah for something that has reached the amount called nisab can be given to the poor without waiting for one year to pass because the amount of nisab, which is the cause for the obligation of zakah, is present. It is permissible to pay a debt before its time is due. It is a deed that is favorable for the poor. However, if that thing has not reached the amount of nisab, it is not permissible to pay zakah for it before its time is due. If something has reached the amount of nisab, it is permissible to pay zakah for a few years for that thing. If this amount is present at the end of the year, zakah will have been paid. If the amount is less than nisab amount, the money paid will be regarded as sadaqah. If it has increased, zakah is given for the difference.

* If zakah is given to a poor person who has a lot of children and if this amount is divided into the number of the family members, if no members receives as much as nisab amount, zakah given to them is not regarded as nisab amount. There is no drawback to such payments.

* If a person allows a poor person to live in his house freely with the intention of zakah, it is not regarded as zakah because the poor person is not given anything.

* In commercial corporations, each partner is not regarded as a person who has to pay zakah based on the total amount of goods. If the share of each partner reaches the amount of nisab, each one of them has to pay zakah. If the share of a partner does not reach the amount of nisab, he does not pay zakah if he has no other goods.

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Frequently asked questions about Zakat and their answers

25 To whom is zakah given? What are the people and places that zakah can be given? Is it appropriate to give zakah to associations, charity organizations, Quran schools, students and student hostels?

There is no religious drawback to giving zakah and fitrah to the associations, institutions and solidarity funds that collect the zakah and fitrah in a fund, that are known to give them only to those mentioned in verse 60 of the chapter of at-Tawba and that are directed by trustworthy people.

If these organizations give the zakah to the necessary people, zakah can be given to them. The salaries of the people who work in order to collect and distribute zakah can be given from the money that is collected.

One group of the people to whom zakah is given are "those who are in the way of Allah (fi sabilillah)". When this phrase is explained in the fiqh books that are available, only the warriors that took part in jihad and hajjis who ran out of money to go home are mentioned. However, in famous tafsir books and reliable fiqh books, the issue is analyzed in a more detailed way.

We will give some examples from those books: Imam Qasani writes the following in his book called Badai as-Sanai:

"What is meant by those who are in the way of Allah is anything that makes man approach Allah. If it is necessary, anybody and any ways of charity that work in the way of Allah are included in this meaning." (Badai as-Sanai, II/451)

Fakhruddin ar-Razi generalizes the issue in his book called at-Tafsir al-Kabir with the following statement:

"The phrase fisabilillah is not confined to warriors only. Zakah is given to all ways of charity. Washing and enshrouding the dead bodies, building castles and mosques are included in this phrase. " (Fakhru'r-Razi at-Tafsir al-Kabir, Beirut: Ihyau at-Turathi'l-Arabi) XVI/113)

Elmalılı Hamdi Yazır quotes the same view and says that it is not appropriate to use it for all ways of charity. He says what is meant by those who are in the way of Allah are essentially mujahids, hajjis and students of ilm (science/knowledge). He continues as follows:

"However, all of the equipment and ammunition that mujahids need for jihad, that is, everything included within the scope of the verse "Against them make ready your strength to the utmost of your power" (al-Anfal, 8/60) and that "the requirements of jihad" that can be obtained by their own means are included in the spending of fi sabilillah. (...) When the person who gives zakah fi sabilillah gives it to mujahids who are in need or to their commander, he fulfills the duty of giving zakah. When the commander accepts it as a trustee and uses it for the jihad requirements of the mujahids properly, he will also fulfill his duty of trusteeship. Based on the property of the requirement, he might not give it to mujahids individually but use it as a whole. For instance, food and clothes can be given to individuals but heavy weapons are given to the military unit or under the control of the commander." (Hak Dini Kur'ân Dili, IV/2578-2581)

This explanation states that zakah cannot be given for constructing mosques, bridges etc but also states that it can be given in order to meet the needs of those who deserve to get zakah.

According to the example Elmalılı Hamdi Yazır gives, zakah can be given to charity organizations directly; the administrators of that organization can spend it for the needs of the organization.

Badiuzzaman Said Nursi expresses concisely where to make the fountain of zakah flow more. Answering a question directed at him, Badiuzzaman Said Nursi described zakah as an important fountain that will revive Islamic feelings and make Muslims powerful. We can summarize the views of Nursi regarding the issue as follows:

"There is a big fountain. It was used in wrong places by being flowed to barren land; it caused some beggars and weak people to green. Make a nice canal for this fountain. Pour your Islamic services into this pool. Then, water the garden of good deeds. It is an inexhaustible source."

In the statements that follow, he wants zakah to be spent for the benefit of the nation so that Islam will spread, the nation will make progress and reach the level of the developed countries: “If the intelligent people use the zakah of their intelligence and the rich even the zakah of their zakah for the benefit of the nation, our nation will catch up with other nations.” (Said Nursi, Münazarat, Sözler Yayınevi, 1977, p. 52)

Regarding zakah as a big source for meeting the needs of madrasahs, which became almost functionless, could not supply the service expected from them and started to retrogress in last period of the Ottoman State. Badiuzzaman Said Nursi states that if the rich give their zakah for madrasah, it will be enough for them to develop. (see ibid p, 74)

Yes, it has become an indispensable duty to spend zakah, which is the strongest charity institution of Islam, on improving Islamic services in this age. Will it not limit the acts of individuals and organizations serving Islam under hard conditions to give zakah only to some poor and needy people? What can be more natural than spending zakah, which is an institution established by Islam, in order to develop Islam? Therefore, it is the best and most appropriate to try to strengthen the organizations and foundations that help to educate Islamic youth, to spread Islam, and to defend and protect Islam by giving them zakah. 

Note: We advise you to read the following article, too:

One of the Places to give zakah: FI SABILILLAH

Zakah, which is one of the five principles on which Islam was built, is the bridge of Islam. The Quran and hadiths encourage people to give zakah; the people to whom zakah is given are informed by a verse and the practices of the Prophet (pbuh) showed it to us. The following is stated in the Quran: “Alms are for the poor and the needy, and those employed to administer the (funds); for those whose hearts have been (recently) reconciled (to Truth); for those in bondage and in debt; in the cause of Allah; and for the wayfarer: (thus is it) ordained by Allah and Allah is full of knowledge and wisdom.” (at-Tawba, 9/60) The phrase translated as “in the way/cause of Allah” is “fi sabilillah” in Arabic. In this article, we will analyze this concept and try to search who is meant by it.  

“Fi sabilillah” means “in the way of Allah”. Its most well known meanings are “jihad in the way of Allah, hajj, learning ilm/science, all kinds of good deeds that Allah orders, the way of guidance, everything that makes man approach Allah and righteous deeds.1 Many fiqh, tafsir and hadith scholars and mujtahids made various interpretations related to the meanings this concept includes.  

Some scholars kept the scope of the meanings of this concept narrow while others kept it wide. They understood the concept “fi sabilillah” mentioned as the seventh group among the people and places zakah is given in verse 60 of the chapter of at-Tawba as “spending in the way of Allah, work and make jihad in the way of Allah, all kinds of efforts for Allah.”2 Islamic scholars dealt with this concept in terms of its etymological structure, and occasions, reasons, and contexts for the revelation; they put forward many views. Calling people to the way of Allah was in the form of jihad in certain periods; therefore, the verse was interpreted like that.  

The reason why this concept, which basically has a wide range of meaning, is understood as the warriors who fight in the way of Allah is related to the sociopolitical conditions and international relations during the period of the spread of Islam, not to the way the verse is expressed. For, in that period, the most common and effective way of jihad at that period was attacks and hot wars; therefore, the scholars of Islam regarded it necessary to allocate money from zakah funds to those who fight for their religion and country 3; this interpretation was adopted by almost all scholars. Therefore, the concept “fi sabilillah” was regarded as identical to the concept of “jihad”.  In conclusion, the general view at that time usually interpreted the concept “fi sabilillah” using the material aspect of jihad. In fact, when this concept is dealt with in terms of rules of language, tafsir, hadith and fiqh, it is understood that it is not a special definition meaning actual clash and that it contains many activities that will make man gain the consent of Allah.4

1. The Interpretations of tafsir scholars about the concept “fi sabilillah”

The concept “fi sabilillah” is mentioned in more than sixty verses of the Quran and tafsir scholars interpreted it in different ways. According to our determinations, this concept was mostly interpreted as wars in the way of Allah and the warriors that participated in them. In fact, it has many other meanings along with it. We think it will be useful to give some verses regarding the issue as examples:  

“(Charity is) for those in need, who, in Allah's cause/way, are restricted (from travel) and cannot move about in the land…” (al-Baqara, 2/273)

The concept “fi sabilillah” in the verse above was interpreted as the religion of Islam and the way taking man to Allah by tafsir scholars.

“Those who reject Allah and hinder (men) from the Path of Allah― their deeds will Allah render astray (from their mark).” (Muhammad, 47/1)

The concept “fi sabilillah” in the verse above was interpreted as the true path introduced by Hz. Muhammad.

“David! We did indeed make thee a vicegerent on earth: so judge thou between men in truth (and justice): nor follow thou the lusts, (of thy heart), for they will mislead thee from the Path of Allah…” (Sad, 38/26)

The concept “fi sabilillah” in the verse above was interpreted as way to Paradise.

“Those who would hinder (men) from the path of Allah …” Qurtubi interpreted the concept “fi sabilillah” in the verse above as belief and worshipping. 

It is possible to give more verses as examples. Contemporary scholars of Islam interpreted the phrase “fi sabilillah” with some differences of meaning though not very different. We can summarize some of the approaches of those scholars as follows:

Maraghi states that all kinds of ways that lead man to Allah's consent and gain rewards are in this concept and that the interests that are related to all Muslims, the acts that will keep the state standing and maintain it are all included in this concept.  

Regarding the concept “fi sabilillah”, Sayyid Qutub emphasizes the profundity of the meaning of the verse and finds it sufficient to say “It is a wide gate; it includes everything that is beneficial to the community; consider the word Allah.”

The approach of Hamdi Yazır regarding the issue is as follows: “Fi sabilillah” is a general meaning and it includes all kinds of sadaqahs. The money or goods given to the poor and needy are included in this concept. Even what is given to muallafa al-qulub (those whose hearts are to be reconciled with or softened) is included in it. However, the reason why it is mentioned as “fi sabilillah” is special. This phrase first means jihad, then hajj and then learning knowledge/science for the sake of Allah. Jihad became famous in religious usage. Those who dedicate themselves to religious sciences like ahl as-suffah are included in the concept of “fi sabilillah”. In conclusion, there is a difference between the use of this phrase only as an adverb or attribute and as a nickname. The former is a general meaning and the latter is specific. According to the first meaning, all kinds of worshipping and charity are “fi sabilillah” (in the way of Allah). According to the second meaning, not all sadaqahs are “fi sabilillah”. Sadaqah in the way of Allah is a sadaqah that is given for a specific purpose especially given to those who work in order to spread the name of Allah.5

2. The concept “fi sabilillah” in hadiths

In the sunnah of the Prophet (pbuh), the concept “fi sabilillah” exists in some hadiths. This phrase, which can be translated as the way of Allah, was given a wider meaning by hadith scholars than tafsir scholars. 

The following is stated in a hadith in Tirmidhi:

“If a person sets off in order to learn ilm/science, he is in the way of Allah until he returns.”

According to this expression, to learn ilm for Allah with sincere intentions and with the thought of helping people is included in the concept “fi sabilillah”.

The following is stated in a hadith reported by Yazid Ibn Maryam: “While I was walking to the mosque for the Friday prayer, Abaya b. Rif’a’ came from behind and said to me, “Glad tidings to you! These steps you take are in the way of Allah. I heard from Abu Abs that the Messenger of Allah said,

“If a person's feet get dust in the way of Allah, those feet will be haram for hellfire.”6

Mubarakfuri, who explained the hadiths, described “fi sabilillah” as the way in which the consent of Allah is demanded.7

In another hadith included in the same chapter in Tirmidhi, the following narration is reported from the Messenger of Allah:

“There are two eyes that will not be touched by hellfire: one of them is the eye that cries due to fear of Allah and the other is the eye that keeps guard in the way of Allah.”

Mubarakfuri explained “fi sabilillah” in the hadith as the degrees of mujahids, hajj, learning ilm, jihad or worshipping. In the explanation of another hadith in Tirmidhi, it is stated that the concept “fi sabilillah” is used in the sense of struggling highwaymen, ordering what is good and prohibiting what is evil.8

In another hadith, the following is stated: "Graying one's hair in the way of Allah will be luminous light for that person on the Day of Judgment." Another hadith similar to this one is as follows: “If a person grays his hair in the way of practicing and spreading Islam, his gray hair willbe luminous light on the Day of Judgment.”

The word “Islam” in the hadith is mentioned with “the way of Allah”. In another hadith, the following is stated: “A person who makes jihad in the way of Allah is like a person who performs fasting during the day and performs prayers at night.” 9 It is quite significant that making jihad is likened to performing fasting and prayers in the hadith.

According to the narrations of Ahmad Ibn Hanbal and Imam Ishaq, “Hajj is also included in the phrase of 'the way of Allah'.” For, the Prophet took some people to hajj with camels that were given as sadaqah; Ibn Umar said, "What is understood from this phrase is those who perform hajj and umrah." Acting upon the view of Ibn Abbas, Imam Muhammad holds the view that the group of people in the way of Allah are the people who became poor on the way to or returning from hajj.10

It is possible to include those who go to umrah and hajj in the scope of the concept “fi sabilillah” after the explanations above. However, when the concept “fi sabilillah” is viewed in terms of its relation with zakah, the Prophet must have allocated the camels of sadaqah to these people for hajj under the conditions of that period in order to encourage the people of that period and the period when Islam was spreading to go to hajj. For, under normal conditions, the people who go to hajj need to have some conditions like wealth, health and security. Otherwise, we cannot say that hajj is fard for the people who do not have these conditions.    

3. The view of Islamic jurists on the concept of “fi sabilillah”

Muhammad Shaybani, a mujtahid of Hanafi madhhab, defined this concept as worshipping. According to him, this meaning becomes clear in the hadith of the Prophet (pbuh) “If a person grays his hair in the way of practicing and spreading Islam, his gray hair willbe luminous light on the Day of Judgment”and when Ata Ibn Abi Rabah asked the Prophet “What does it mean if a person tells his inheritors to spend one-third of his wealth 'in the way of Allah'?" , in his answer: “All kinds of worshipping are the way Allah; it is permissible to spend it on any kinds of worshipping.”

Acting upon the view of Shaybani, Jassas states that the phrase “fi sabilillah” means the people who set off to go to hajj because the Prophet said, “Both hajj and umrah are in the way of Allah.”

Qasani, who is a Hanafi fiqh scholar, states the following for the group of those 'in the way of Allah', “This expression means everything that makes man approach Allah. If it is necessary, everybody who works by obeying Allah and all kinds of charity are included in it.”

Ibnul-Athir states the following about the phrase “fi sabilillah”: “Approaching Allah by fulfilling fards and nafilahs and all kinds of good deeds, all of the sincere deeds that aim to attain His consent are in the way of Allah. However, when this phrase is used without any conditions, jihad is usually understood. It became a special phrase indicating jihad since it is mostly used in this sense.”

According to the expression of Firuzabadi, who is a fiqh, tafsir and lexicology scholar, "Sabilullah" means jihad, hajj, learning ilm/science and all kinds of good deeds ordered by Allah. In other sources, this concept means the way of guidance to which people are called, anything that makes man approach Allah and all of the things that are regarded as righteous deeds.”11

In his book called Ithaf as-Sadatil-Muttaqin, which is an explanation of Ihya, Zabidi explains the concept “fi sabilillah” as follows: “It is possible that Allah meant mujahids and giving money for jihad with this group. For, “fi sabilillah” customarily has this meaning. It is also possible that all of the ways of good deeds making man approach Allah was meant with it but this is so in terms of the meaning of the word "sabil".  The way of Allah is the meaning that this name indicates apart from the other divine names. Therefore, this concept includes all of the deeds that the benefit of the community necessitates including any deeds of high ethics for the group of in the way of Allah, for animals and even for the trees that dry due to lack of water, without taking into consideration the group of other creatures. Accordingly, if a man has some money for zakah and waters a tree, saving it from lack of water, it is regarded as spending in the way of Allah. If mujahids are meant with this phrase, it is customarily known who mujahids are. Since mujahids themselves are in the way of Allah, they can be given zakah so that they will struggle against their souls. The following is stated in a hadith:

“You have returned from the greater jihad to the lesser jihad.”12

What is meant by this jihad is struggling against the soul and keeping it away from the desires that prevent him from attaining the consent of Allah. 13

Ibn Taymiyya states that the phrase fi sabilillah is a general expression, that it includes all good deeds and that it cannot be allocated to a special group. 14

Sharbasi states that “fi sabilillah” means the way that makes man approach the consent of Allah through deeds and creed, that it is a general phrase hence cannot be confined to a certain meaning and that it includes all good deeds from repairing mosques to building castles and bridges and to enshrouding the dead bodies.15

As it is seen, Islamic scholars expressed specific meanings related to this concept along with general meanings acting upon the etymological meaning of the phrase. We think these explanations can include many individual and corporate bodies as long as they are in the general purposes of Islam. Acting upon this, fiqh scholars give people a wide range of alternatives so that they will fulfill the duty of zakah.

4. Specific meanings of the phrase “fi sabilillah” and its relation with zakah  

When Islamic resources are studied, it is possible to find various meanings for the phrase “fi sabilillah”. In this research, we will deal with a few of these meanings, the views of scholars regarding the issue and the relationship of this concept, which is one of the places where zakah is given, with zakah in terms of the content of its meaning.    

a) The meaning of “those learning ilm/science/knowledge”

Some fiqh scholars interpreted the concept “fi sabilillah”, which is stated as one of the places where zakah is given, as those who are learning ilm and who are making efforts to do it. Those who serve ilm were regarded as those who struggled in the way of Allah and to revive Islam; so they were included in the scope of zakah in all periods. The statements regarding the issue are usually expressed acting upon a narration attributed to Imam Muhammad in some Hanafi resources. Some Hanafi fiqh scholars regarded learning ilm within the concept of “fi sabilillah” and stated that zakah can be given to scholars and students of ilm; they said it was because they dedicated their time to ilm and did not have enough time to earn money.     

It is stated in Shafii resources that a student who works to earn his living may not study as it is necessary and be left behind hence it is halal to give zakah to him.16

The same writer shows the amount of money that the Messenger of Allah gave as a grant to Hz. Umar evidence in order to confirm the issue. Hz. Umar reports this hadith as follows: “Hz. Prophet used to give me something but I would say to him, "Would you give it to a poorer one than me? Once, he gave me some goods. I said to him, “Would you give it to a needier one than me?” Thereupon, the Prophet said,

“If you are given something from this property, without asking for it or having greed for it take it; and if not given, do not run for it.”17

The hadith reported by the writer above as evidence that zakah can be given to those learning ilm exists in Bukhari, Muslim and Nasai. When we examine the hadith, we see that the money given to Hz. Umar is not from the money collected by the state as zakah but from the grant the head of the state gives to people regardless of their being poor or rich. Besides, it is stated in sources that the money was not given to Hz. Umar because he needed money but in return for working as a zakah collector, based on a decree in the Quran.18

b) Public benefit societies and other places

Man's needs increase and change in every era. Affairs that are beneficial to public have always been regarded as charities and good deeds by the community and they have always been encouraged since they are related to general interests of the public. In the Islamic community, "sadaqah al-jariya (ongoing charity)", the good deeds that will make man gain rewards continuously, are regarded as charities in the way of Allah. When the previous and current needs of the Islamic community are considered and compared, we see that the difference between them is very big and variable in terms of today. Some fiqh scholars adopt the view that the fund of zakah can be used in order to meet the needs of the public benefit societies based on the conditions of the time they are living.  

For, in the Islamic community, the individuals and groups that will benefit from zakah are a reality of that community. In terms of both the responsibilities of the individuals in fulfilling their financial worshipping and maintaining the stability in the community, the money spent az zakah will be used in the same community.

While mentioning the places zakah will be given within the scope of the concept “fi sabilillah”, Abu Yusuf, one of the most important imams of Hanafi madhhab, says building and repairing roads are included in it and holds the view that zakah can be spent on them.   19

As it was mentioned before, Qasani, one of Hanafi fiqh scholars, states that the group   “fi sabilillah” means anything that makes man approach Allah and that anybody working by obeying Allah and even all ways of good deeds can be included in it. This view of Qasani's complies with the view of Imam Muhammad, one of Hanafi fiqh scholars. 20

In fact, it is possible, useful and can even be necessary to keep the content of this concept large based on various expressions in the Quran but it is necessary to be very careful while doing so. For, if the content of this concept is kept very large and is generalized, it may cause many doors of misuse to be opened and it may contain the other funds of zakah, which will make mentioning them insignificant. Therefore, the activities of teaching and training in the way of Allah can be included in this concept.  

5. Conclusion

One of the most important purposes of zakah is to support the poor and needy people in the community financially and enable them to attain a living standard fitting human honor. When the Quran lists the people and places zakah needs to be given, the poor is put in the first place. However, different alternative groups are also listed for zakah after it since the whole zakah cannot be given to them. This concept includes many meanings.   

Islamic scholars interpreted the concept “fi sabilillah” as warriors who make jihad. Today, the framework of the services in the way of Allah has enlarged a lot; the most important field of these services is the activities of education made in order to bring up a generation equipped with Islamic values and to spread Islam. Besides, jihad is the act of removing the barriers between Allah and His slaves and making people meet Allah.

I think it is important that the Quran mentioned eight groups for zakah, that it stated that zakah cannot be allocated only to the poor and the needy and that there are different alternatives for zakah payers. For, zakah payers might not always find poor people due to the places and conditions they live in. This situation should not be turned into a problem by the people who act responsibly. At this point, the groups that zakah can be given appear as different alternatives in order to ease this obligation. Therefore, all meanings that the concept “fi sabilillah” includes appear as places and people that zakah can be given to. 

Even if it is supposed that there is no possibility of giving zakah to the other alternative places except the places meant by the phrase “fi sabilillah”, this concept, with an objective viewpoint, can encompass all of the other seven categories so that zakah payers will fulfill their responsibilities along with the meanings of its own phrase. Contemporary scholars state that this concept cannot be confined to one meaning only in general, that it includes all kinds of charity, and that zakah funds can be used specifically for the Quranic sciences, the sustenance of the people who study the other sciences that are beneficial for the community, charities for widows and orphans, spending money on students, schools and hospitals, establishing institutions to call people to the principles of Islam, establishing scientific publishing companies that can publish in all languages, and similar good deeds. 21

The concept “fi sabilillah” presents people several alternatives especially the people of our age in terms of their responsibility. The stimulating practices of the Messenger of Allah (pbuh) in the Era of Bliss are of different significance for the responsible people of the 21st century and even the coming centuries. We think humanity will be able to find the opportunity to know the life-giving breaths of Islam thanks to the activities of education funded by zakah and the other financial funds and the people will meet Allah. The financial donations in this way will be within the framework of the phrase “fi sabilillah”.

Footnotes:

1. Ibnu’l-Athir, an-Nihaya fi Gharibi’l-Hadith wa’l-Athar, Beirut, nd., II, 338, 339; al-Qamusu’l-Fiqhiyya, Damascus 1982,ps. 209
2. Yazır, IV, 2572; Kur’ân-ı Hakîm ve Açıklamalı Meali, İstanbul, 2004; Çantay, Hasan Basri, Kur’ân-ı Hakim ve Meâli Kerim, İstanbul, 1984.
3. Ibn Rushd Bidayatu’l-Mujtahid fi Nihayati’l-Muqtasid, Beirut 1986, I, 277; Qurtubi, VIII, 186.
4. Zamakhshari, I, 398; Qurtubi, IX, 19; Nasafi, Abu’l-Barakat, Tafsiru’n-Nasafi, İstanbul 1984, I, 243; Mubarakfuri, W, 269, 298; Firuzabadi, III, 403; al-Mu’jamu’l-Wasit, I, 415.
5. Bakara, 273; Shirbini, I, 140; Yazir, II, 897; al-Baqara, 217; Nasafi, I, 108; Abu’s -Suud, Tafsiru Abi’s-Suud Abu’s-Suud, I, 217; Muhammad, 1; Qurtubi, XWI, 223; Sad, 26; Hud, 19; Qurtubi, XW, 177; Qurtubi, IX, 19; Maraghi, X, 145; Sayyid Qutub, Fi Zilali’l-Qur’an, X, 245;Yazır, IW, 2579.
6. Tirmidhi, Ilm, 2, Fadailu’l-Jihad, 7.
7. Mubarakfuri, W, 259 .
8. Tirmidhi, Fadailu’l-Jihad, 12; Mubarakfuri, W, 269, 298.
9. Buhari, Jihad wa’s-Siyar, 2; Mubarakfuri, W, 263
10. Marghinani I, 112.
11. Tirmizi, Fadailu’l-Jihad , 9, 10; Ajluni, II, 255; Shaybani, as-Siyaru’l-Kabir, II, 301; Jassas, III, 187; Darimi, Kitabu’l-Wasaya, 45; Sarakhsi, II, 203; see also, Bukhari, Zakah, 49; Qasani , II, 45; Ibnu’l-Athir, II, 338, 339; Firuzabadi, III, 403; Sa’di Abu Jayb, p.166.
12. Ajluni, I, 424.
13. Zabidi, Murtaza Muhammad, Ithafu’s-Sadati’l-Muttaqin, IW, 151.
14. Ibn Taymiyya, Fathu’l-Bayan, IW, 151.
15. Sharbasi Ahmad, Yas’alunaka fi’d-Dini wa’l-Hayat, III, 68, I, 150.
16. Damad, I, 214; Ibn Abidin, II, 364; Tahtawi, s. 472; Nawawi, al-Majmu, IW, 190.
17. Bukhari, Zakah, 5.
18. Ayni, IX, 56; Nawawi, III, 63; Qastalani, III; Ibn Hajar, IW, 80.
19. Abu Yusuf, Kitabu’l-Kharaj, Cairo 1396, p. 81.
20. Qasani,, II, 45
21. Sharbasi, I, 149, 150; Sayyid Sabiq, I, 334; Muhammad Mahluf, Fatawa-i Shariyya, Cairo, 1971, 296; Hazin, II, 240; Razi, XWI, 113; Muhammad Mahluf, Fatawa-i Shariyya, cairo, 1971, 296; Hazin, II, 240; Hamidullah, İslam Peygamberi (trnsl by. Salih Tuğ), II, 978; Qardawi, Fiqhu’z-Zakah, II, 635-669.

(see Doç. Dr. Murtaza Köse , Yeni Ümit, June-July-August 2007, Issue :77 Year :20)

26 Can sadaqah, zakah, fitrah be given to poor non-Muslims?

As it is known, one of the groups zakah can be given to is “those whose hearts are to be reconciled with Islam". Therefore, if it is permissible to give zakah to some people, it is also permissible to give them sadaqah. Thus, they will warm toward Islam or will be prevented from harming Muslims. However, they should not use this sadaqah against Muslims; they should use it to meet their needs.

27 To whom is zakah given? Can we deduct the things that we give as gifts from the amount of zakah?

A gift can be given to anybody, whether rich or poor but zakah is the right of the poor. Therefore, the gifts given to the rich people cannot be regarded as zakah.

The people to whom zakah can be given are certain. You can regard the gifts or sadaqahs you give to them as zakah. 

The people to whom zakah is given are listed in verse 60 of the chapter of at-Tawbah as follows:

“Alms are for the poor and the needy, and those employed to administer the (funds); for those whose hearts have been (recently) reconciled (to Truth); for those in bondage and in debt; in the cause of Allah; and for the wayfarer...”

1. and 2. The Poor and the Needy:

A poor person is a person that does not have nisab amount of wealth and whose income does not meet his needs and is not enough for his sustenance. A needy person is one that has no wealth and income.

Zakah is given to a poor or needy person that will be enough to meet his needs, to pay his debts and to save him from the needy state. It is makruh to make a poor person rich with zakah and to give him more money than his debts and needs that will amount to more than nisab amount.

3. Those Employed to Administer Zakah:

In an Islamic state, zakah is collected by the state. The determination of the goods and products that are subject to zakah, the amount of zakah to be paid, collecting and storing it are carried out by the people who are appointed by the state. Those who do these tasks are given a share from zakah. Even if they are not poor, this share is their right because of their service.

4. Those whose Hearts are to be Reconciled with Islam:

These people, who are known as “muallafa al-qulub”, are the people whose hearts are wanted to be reconciled with Islam, whose harms are tried to be avoided or who are expected to help Muslims. Acting upon an ijtihad of Hz. Umar, Hanafi fiqh scholars say that this practice was annulled after the death of the Prophet (pbuh). Hanbali scholars say that the decree about muallafa al-qulub is permanent and a certain share of zakah can be given to them. Some contemporary Islamic scholars say that there are some people who can be regarded as muallafa al-qulub today and that it is necessary to allocated a certain share of zakah to them.

5. Slaves:

They are the male and female slaves that made a contract with their masters to be freed in return for a certain amount of money. Today, individual slavery has ended in the world. It can be seen from this fact the importance Islam gives to human honor, his freedoms and rights. Islam used the institution of zakah, which is a great worshipping and solidarity deed, as a means of support in order to abolish a custom like slavery which is contrary to human nature.

6. Those who are in Debt:

A debtor is a person who does not have nisab amount of wealth other than his debt.If the people who get into debt in order to meet their basic needs like food, drink and clothing, who are hit by a misfortune like fire, flood and earthquake, who become ill and are indebted due to these reasons can be given zakah to meet their needs if they are in need. Those who get into debt due to a legitimate reason and need like getting married, marrying one's child off, buying a house or household appliances are included in this group. When zakah is given, the people who are in debt are given priority over the other poor people.

7. Mujahids (Those who Fight in the Cause of Allah):

What is meant by it is a person who wants to make jihad but who is deprived of food, weapons and other things. Zakah can be given to such a person so that he will meet his needs. It is called "infaq fi sabilillah = spending money in the way of Allah".

8. Wayfarers:

The people who leave their homeland due to reasons like jihad, hajj, earning money and studying and who become needy in foreign land are included in this group. If they are actually rich but have become needy for that time, they can be given the amount that they will meet their needs; if they are poor, they can be given more.

(see Mehmed Paksu, İbadet Hayatımız-I)

28 What are the frequently asked questions about zakat and fitrah and their answers?

What is zakat?

Who is obliged to give zakat?

What does nisab mean? What is the amount of nisab?

What are essential needs?

Is it necessary to give zakat for tools and materials?

Can zakat be given before its due time?

Can a rich person give a promissory note having a fixed term as zakat to a poor person?

Can zakat be paid in installments?

Is there a definite time to give zakat?

Can the zakat of tradable goods be given as goods of the same kind?

How is the zakat of tradable goods calculated?

How  is the zakat of the receivables given?

Can the receivables be calculated as zakat?

Is it necessary to pay zakat out of the crops of a land?

Are the expenses that are made in order to produce crops taken into consideration when paying ushr (one-tenth)?

Who is obliged to give the zakat of the land cultivated as sharecropping?

Is it necessary to give the zakat of the crop that is destroyed?  

Is it permissible to give the equivalent value of the animals instead of the animals as zakat?

How is the zakat of tradable goods given?

Is it necessary to give zakat for adornment (jewelry)?

Are real estate agents obliged to pay zakat for the real estate they have?

How do the partners of a company pay zakat?

Are equity shares (stocks) subject to zakat?

To whom is zakat given?

To whom is zakat not given?
 
Can zakat and fitrah be given to charitable institutions?

Can zakat be given to people who work in return for wages and salaries?

How does a person who has gold of different carats calculate his zakat?

Is it necessary to give zakat for the profit obtained illegitimately?

Is the money saved for essential needs subject to zakat?

Does a rich boy who has not reached the age of puberty have to give zakat of his property?

Is a person who lives together with his father obliged to give zakat?

Can tax be regarded as zakat?

Can zakat be paid through money order?

Can zakat be given to the stepmother, stepfather and stepchildren?

Can the son-in-law and the daughter-in-law be given zakat?

If a person to whom zakat has been given turns out to be rich, what should be done?

Can a person give zakat to his mother-in-law and father-in-law?

Is zakat the dirty part of the goods?

What does fitrah mean, what is the decree about it?

Who is obliged to give sadaqa al-fitr?

When is sadaqah al-fitr given?

Is it necessary to give sadaqah al-fitr as wheat, barley, dates or grapes?

Should a person working abroad give sadaqah al-fitr in accordance with conditions of the country he works in or his own country?

How is sadaqah al-fitr that is not paid on time paid?

To whom is sadaqah al-fitr given and not given?

 

What is zakat?

In the dictionary, zakat means, increase, cleaning, abundance, good manners and praise; as a religious term, it means giving away some part of certain goods to certain people in order to please Allah.

Zakat, which is one of the financial worships, is one of the five pillars of Islam; it became obligatory in Madinah in the second year of Hegira. The following is stated in the Quran: “And be steadfast in prayer; give Zakat...” (al-Baqara, 2/43, 110; Hajj, 22/78; an-Nur, 24/56; al-Mujadala, 58/13; al-Muzzammil, 73/20); “Of their wealth take alms, that so thou mightest purify and sanctify them; and pray on their behalf. Verily thy prayers are a source of security for them: and Allah is One Who heareth and knoweth.” (at-Tawbah, 9/103).

Who is obliged to give zakat?

A person must be a Muslim, free, sane, should have attained the age of puberty, he must have money or goods that increase, that is, which bring yield, more than his debts and his essential needs and equal to or more than the amount of nisab to be obliged to give zakat.

What does nisab mean? What is the amount of nisab?

Nisab is the criterion of richness determined for the kinds of worship like zakat, sadaqah al-fitr (fitrah) (sadaqah paid in Ramadan in order to purify the act of fasting), qurban (animal sacrifice). Nisab can also be defined as the minimum criterion of richness. If a person has money or goods equal to nisab apart from his debts and essential needs, he is regarded to be rich in terms of religion. Such a person cannot receive zakat or sadaqah, and he is obliged to give fitrah and sacrifice qurban. If that extra money or goods has the quality of increasing and if one year passes after owning it, it becomes necessary to pay zakat for it.

Nisab, the minimum limit of being rich, was determined by Hazrat Prophet (pbuh). Those minimum limits show the average standard of living and the criterion of richness of the Islamic community of that time. The amounts of nisab determined by hadiths can be listed as follows; 80,18 grams of gold or its equivalent in cash or goods, 40 sheep or goats, 30 head of cattle, 5 camels. It is clear that those goods that are used to determine the amount of nisab were the most common means of richness. The determination of nisab based on those goods was maintained in the future periods when the social and economic conditions did not change.

What are essential needs?

Essential needs are goods or property that meet the essential needs and therefore are not subject to zakat.

In Islam, the situation of the mukallaf (competent person obliged to observe the precepts of religion) is taken into consideration in zakat as it is the case in other bodily and financial responsibilities, and he is given a reasonable and affordable responsibility. Therefore, Islamic scholars laid it down as a condition to havemoney or goods more than one’s debts and his essential needs and equal to or more than the amount of nisab for a person to be a mukallaf for zakat and fitrah. The amount of essential needs does not bring about welfare or richness. The amount of essential needs is the amount that is necessary for a person to live.

Allah, the Exalted, says, “They ask thee how much they are to spend; say: "What is beyond your needs...”(al-Baqara 2/219). The following is stated in a hadith regarding the issue: "A man came to Hazrat Prophet (pbuh) and said, ‘I have a dinar. What shall I do with it? Hazrat Prophet said: Spend it on yourself. He again said: I have another. He said: Spend it on your family. He again said: I have another. He said: Spend it on your children. He again said: I have another. He replied: You know best’.” (Abu Dawud, Zakat, 45).

Essential goods are the things that man needs in order to protect his life and freedoms. They are generally things like livelihood, the house one lives in, household appliances, clothes, goods in return for debt, tools and machinery necessary for a trade, vehicles, books obtained for studying, etc.

As a matter of fact, essential needs change and develop with the change of time, environment and situation. What is valid here is the essential needs of the zakat mukallaf. Along with his own needs, the needs of the people he is obliged to take care of are included among the essential needs.

Is it necessary to give zakat for tools and materials?

The tools, materials and machinery that are necessary for a trade are regarded among essential needs and it is not necessary to give zakat for them. However, if those tools, materials and machinery are used for buying and selling, not for one’s trade, then it is necessary to pay zakat for them.   

Can zakat be given before its due time?

Lunar calendar is used for calculating zakat as it is the case in the worships like fasting and hajj. One yearis necessary to pass after obtaining the goods or money equaI to the amount of nisab for zakat to be obligatory. However, the owner of the goods can give zakat for them before its due time if he wishes. The zakat that was due but not given in the past can be given at once; it is permissible and  appropriate to be give the zakat which is due in the future now if there are some people who are really in need.

Can a rich person give a promissory note having a fixed term as zakat to a poor person?

Zakat can be given in kind like food and clothing items as well as in cash like money, foreign currency and gold. A promissory note is a document arranged between two people showing to whom a right, property or borrowed money belongs. Therefore, a rich person, who is a mukallaf of zakat, can give a promissory note that he definitely knows that will be paid in due time to a poor person as zakat.   

Can zakat be paid in installments?

What is obligatory is giving zakat. Therefore, it can be paid all at once as well as in installments.

Is there a definite time to give zakat?

There is no definite time to give zakat; it is necessary to give it when it becomes fard (obligatory). Therefore, it is not necessary to wait for a certain month or the month of Ramadan. However, those who are obliged to give zakat should give it as soon as possible when it becomes obligatory.

Can the zakat of tradable goods be given as goods of the same kind?

The zakat of tradable goods can be given in cash by calculating their values or they can be given in kind.

How is the zakat of tradable goods calculated?

Zakat is a financial worship; it needs to be paid out of the available capital, not out of the probable profit to be made in the future. Therefore, when the zakat of the tradable goods are given, the value of the goods without profit need to be taken into consideration at the time of giving zakat.

How  is the zakat of the receivables given?

The zakat of the receivables that is certain to be collected needs to be given every year. If the zakat of the receivables is not given before they are collected, the zakat for the previous years needs to be given when they are collected. It is not necessary to give the zakat of the denied receivables or the receivables that are impossible to be collected every year. Should such receivables be collected later, it is necessary to pay the zakat of it beginning from that year; it is not necessary to pay zakat for previous years.

Can the receivables be calculated as zakat?

If the debtor is one of the people that zakat can be given to, the receivables can be calculated as zakat.   

Is it necessary to pay zakat out of the crops of a land?

It is necessary to pay zakat for all kinds of crops except wood, cane (except sugar cane) and grass if they reach the amount of nisab (about 650 kg). Allah, the Exalted, states the following in the Quran;“O ye who believe! Give of the good things which ye have (honourably) earned, and of the fruits of the earth which We have produced for you...” (al-Baqara 2/267);“It is He who produceth gardens, with trellises and without, and dates, and tilth with produce of all kinds and olives and pomegranates, similar (in kind) and different (in variety): eat of their fruit in their season, but render the dues that are proper on the day that the harvest is gathered. But waste not by excess: for Allah loveth not the wasters.” (al-An’am 6/141). Hazrat Prophet (pbuh) stated the following, “On a land irrigated by rain water or by natural water channels Ushr (i.e. one-tenth) is compulsory (as Zakat); and on the land irrigated by the well, half of an Ushr (i.e. one-twentieth) is compulsory.”(Bukhari, Zakat, 55).

As it is stated in the hadith, cultivation of the land and the usage of water are taken into consideration in giving the zakat of the crop. Accordingly, if the land is irrigated by rain, river, stream, brook or their channels, that is without any effort, one-tenth of the crop is given as zakat; if the land is irrigated by buckets, by the well or by a motor, that is, by a way that causes expense, one-twentieth of the crop is given as zakat.

Are the expenses that are made in order to produce crops taken into consideration when paying ushr (one-tenth)?

Today, expenses like fertilizers, diesel and labor form a great amount in the cost of production. Therefore, it is necessary to give the zakat of the agricultural corps if the crop reaches the amount of nisab after the extra expenses caused by the agricultural conditions are deducted form the gross income as 1/10 for the land that is irrigated naturally and as 1/20 for the land that is irrigated by bucket, the well and motor, etc, that is by extra expenses or effort.   

Who is obliged to give the zakat of the land cultivated as sharecropping?

The ushr (zakat) of the land crops is given by the owner of the crops, not by the owner of the land. Therefore, if the landowner lets someone cultivate his land without asking any money, the zakat of the obtained crop is paid by the person who cultivates the land. If the land is hired for a certain amount of money, the zakat (ushr) is paid by the person who pays the rent. If the land is rented as sharecropping, the owner of the land and the person cultivating the land pay zakat separately out of the shares of the crop.

Is it necessary to give the zakat of the crop that is destroyed?  

The farmer whose crop is destroyed in the field does not have to pay zakat. Ushr becomes obligatory after the crop is harvested; so, if the crop is destroyed after harvesting, it is necessary to pay zakat. As a matter of fact, Allah, the Exalted, stated the following, "Render the dues that are proper on the day that the harvest is gathered."(al-An'am 8/141).

Is it permissible to give the equivalent value of the animals instead of the animals as zakat?

The zakat of goods can be given in kind as well as in the form of other equivalents. Accordingly, a person who wants to give the zakat of his animals can give some of his animals or their equivalents as zakat. However, it is better to prefer the one which is more useful for the poor.

How is the zakat of tradable goods given?

The goods that are bought and sold in order to make profit are called tradable goods. A person who has tradable goods equivalent to 80.18 grams of gold has to give the zakat of those goods when one year passes after obtaining them as 1/40 (%2,5).

Is it necessary to give zakat for adornment (jewelry)?

The articles of adornment other than gold and silver are not subject to zakat.

According to the ijtihad of the majority of the scholars including the three madhhabs except Hanafis, adornment (jewelry) is regarded among the essential needs of women and they are not subject to zakat, that is, it is not necessary to pay zakat for them.

However, according to Hanafis, if the jewelry of a woman is equal to or more than the amount of nisab, it is necessary to pay zakat for them.

Are real estate agents obliged to pay zakat for the real estate they have?

The flats that real estate agents buy and sell in order to make profit are subject to zakat. The property that are owned by real estate agents except the office they work in and the house/flat they live in are subject to zakat, and it is necessary to pay zakat for them when one year passes after obtaining them after deducting their debts as 1/40. 

How do the partners of a company pay zakat?

A person who is a partner of a company needs to pay zakat for the amount of the shares he has out of the current assets except the offices, tools, etc, if they are equal to or more than nisab after one year passes.

The fixed assets (production instruments, machinery, etc) of the companies in the sector of industry are exempt from zakat; the current assets ( semi-manufactured and manufactured goods, raw materials, cash, checks, etc) and the net profit are subject to zakat as 2,5% after the debts, materials, labor, production, marketing management and finance costs  are deducted.

Are equity shares (stocks) subject to zakat?

A person who invests in the equity shares bought and sold in the stock exchange is obliged to give zakat if the value of his shares is equal to or more than nisab as 1/40 after one year passes after obtaining them.

To whom is zakat given?

It is stated in the Quran to whom is zakat given. (Chapter at-TawbahTevbe, 60). They are;the poor and the needy, those in bondage and in debt, those who are in the way (cause) of Allah, the wayfarer, those employed to administer the (funds) and those whose hearts have been (recently) reconciled (to Truth).

To whom is zakat not given?

It is not permissible to give zakat to the people and institutions apart from those mentioned in the 60th verse of Chapter at-Tawbah. In addition, it is not permissible to give zakat to one’s mother, father, grandmother, grandfather, son, children of one’s son, daughter, children of one’s daughters and their children.

Can zakat and fitrah be given to charitable institutions?

There is no religious drawback to giving zakat and fitrah to societies, institutions, solidarity funds that are known to collect them in a fund and give them to the people mentioned in the 60th verse of Chapter at-Tawbah and directed by reliable people.

Can zakat be given to people who work in return for wages and salaries?

In Islam, it is determined clearly to whom zakat can be and cannot be given regardless of their classes and occupations. Accordingly, a person who has a regular income but who cannot meet his needs with that income and who does not have any other assets can be given zakat.   

How does a person who has gold of different carats calculate his zakat?

The difference of carat is not important in gold in terms of being subject to zakat because it does not matter what carat it is; gold is gold. Therefore, even if the carats are different, all kinds of gold is subject to zakat if the amount of the gold, alone or all together with different carats of gold, is equal to or more than 80,18 grams and the value of 22 carat if it meets the other conditions too. In that case, the zakat of the different carats of gold is calculated out of their values and is given as 2,5%.

Is it necessary to give zakat for the profit obtained illegitimately?

If the owner ofthe profit obtained illegitimately is known, it is necessary to return it to its owner; if the owner is not known, it should be given to the poor or charitable institutions without expecting any reward from it. Accordingly, since the profit obtained illegitimately needs to be returned to its owner or to be given to the poor or charitable institutions, giving zakat for it is not in question.   

Is the money saved for essential needs subject to zakat?

Essential needs are the things that are necessary for the continuation of life securely and healthily such as a house, household appliances, clothes, transportation and food. It is not necessary to own them in order to meet those needs. If a person has given an oral or written undertaking with the money he saves to meet those needs, then he does not have to give zakat for it because when he has given an oral or written undertaking, it means he has spent that money for his essential needs. However, if there is no such undertaking, then it is necessary to give zakat if that money is equal to or more than nisab and if one year has passed after obtaining it.   

Does a rich boy who has not reached the age of puberty have to give zakat of his property?

People who are not sane or who have notreached the age of puberty are not obliged to give zakat because they are not religiously responsible. However, since the poor have a right on the property of the rich, the guardians of such people should give zakat out of their property even ifpeople who are not sane or who have not reached the age of puberty are not obliged to give zakat. As a matter of fact, the following is stated in the Quran; "And in their wealth and possessions (was remembered) the right of the (needy), him who asked and him who (for some reason) was prevented (from asking)."(adh-Dhariyat 51/19).

Is a person who lives together with his father obliged to give zakat?

If a person who lives together with his father has property of his own and if he has the conditions for zakat, he is obliged to give zakat. However, if his property has not been separated from his father’s and if they earn money together and spend together, then the person who has the right and authority to use the money is obliged to pay zakat. 

Can tax be regarded as zakat?

Tax is an obligation of citizenship; zakat is a religious responsibility. In addition, zakat and tax are different in terms of the authority of sanction, main purpose, rate and the places where they are spent. Therefore, the tax paid to the state cannot be regarded as zakat. Zakat has to be given separately.

Can zakat be paid through money order?

Zakat can be paid by hand, through a deputy or money order. What is important here is to transfer zakat to the person who will receive zakat.   

Can zakat be given to the stepmother, stepfather and stepchildren?

If the father is dead, the stepmother can be given zakat; if the stepchild has reached puberty and has left the house, he can be given zakat; the stepfather can also be given zakat if they are poor. There is not a relation of offspring and ancestry between them, and the person giving zakat to them is not obliged to look after them.   

Can the son-in-law and the daughter-in-law be given zakat?

The son-in-law can be given zakat if he is poor. Since the husband has to look after his wife, the zakat given to the daughter-in-law is like giving zakat to one’s son indirectly. Therefore, it is not appropriate to give zakat to the daughter-in-law.


If a person to whom zakat has been given turns out to be rich, what should be done?

The person who is obliged to pay zakat should  search to whom he is giving zakat to. As a result of his search, if he has the opinion that that person can be given zakat, he can give zakat to that person; however, if he finds out that the man is rich later, his zakat is valid. If a person gives zakat to a person without searching and if he finds out that the man is rich later, his zakat is not valid, he needs to give zakat again.

Can a person give zakat to his mother-in-law and father-in-law?

Since themother-in-law and father-in-law are not among the people that a person is obliged to look after, they can be given zakat if they are poor.   

Is zakat the dirty part of the goods?

Sometimes, zakat is described wrongly. The expressions like zakat is the dirty part of the goods because it purifies the goods of the rich are not right and they are contrary to Islam. Zakat is the right of the poor. It is given to the people described in the Quran.

The following is stated in the Quran: "And in their wealth and possessions (was remembered) the right of the (needy), him who asked and him who (for some reason) was prevented (from asking).."  (see adh-Dhariyat, 19-24).

The cleanest thing in Islam is the thing that is the right. It is ugly and nonsense to call the right as something dirty. Zakat is the cleanest and most legitimate thing for the poor, if the person receiving it is really poor. A person who does not give zakat eats the right of the poor; so, he eats haram. Thus, haram mixes into his property. When a rich person gives zakat, he will protect his goods from haram since he gives the right of others.

Seen in this light, zakat cleans the goods. Otherwise, the zakat that a rich person gives is not the dirty part of his goods. No rich person has the right to say that zakat is taken from him unjustly.  
Questions about sadaqah al-fitr (fitrah)

What does fitrah mean, what is the decree about it?

Sadaqah al-fitr, which is named as fitrah by people, is a financial worship that is obligatory to be given by each Muslim that has goods at least equal to nisab except his essential needs and that reaches the end of Ramadan.

Sadaqah al-fitr is regarded as the zakat of the existence of man as a necessity of the mutual help and solidarity in the nature (creation) of man. Therefore,sadaqa al-fitr is also called “sadaqah of the soul” or “sadaqah of the body”. On the other hand, it plays an important role by meeting the needs of the poor and making them share the joy of the eid (festival) days.

Who is obliged to give sadaqa al-fitr?

Sadaqah al-fitris obligatory for eachMuslim that has goods at least equal to nisab except his essential needs and debts. The criterion of richness of an individual for sadaqah al-fitr is the same as that of zakat. However, the conditions that the goods must have the property of increasing and that one year has to pass after obtaining the goods, which are necessary for zakat, are not necessary for sadaqah al-fitr.

When is sadaqah al-fitr given?

Sadaqah al-fitr becomes obligatory with the break of the dawn on the first day of Ramadan Festival (eid al-fitr) but it can be given during the month of Ramadan too. It is better to give it before the eid so that the poor can meet their needs for the eid. However, if sadaqah al-fitr has not been paid until the morning of the eid, it is necessary to pay it on the days of the eid. The sadaqah al-fitr that has not been paid on time must be paid as soon as possible.

Is it necessary to give sadaqah al-fitr as wheat, barley, dates or grapes?

The amount of sadaqah al-fitr was determined as one sa’ (about 2197 grams) of wheat, barley, dates or grapes by hadiths. The fact that sadaqah al-fitr was determined in the form of those foods is based on the economic conditions and eating habits of that period. When the applications in the period of Hazrat Prophet and his Companions are taken into consideration, it is understood that the amount of sadaqah al-fitr aims to meet the food need of a middle class family in a community.

Accordingly, the amount that is enough to meet the average daily food need of a person can be given in kind or in cash. However, it is better to prefer the one that will be more useful for the poor.

Should a person working abroad give sadaqah al-fitr in accordance with conditions of the country he works in or his own country?

Since the standard of living are different in different countries and regions, the person that is obliged to give sadaqah al-fitr should give it in accordance with the standards of the average daily food need of a person in the country where he is.

How is sadaqah al-fitr that is not paid on time paid?

The obligation of sadaqah al-fitr must be carried out on time without delay, as it is the case in all other worships. However, if it has not been given on time, it must be paid as soon as possible. 

To whom is sadaqah al-fitr given and not given?

Sadaqah al-fitr is given to the people whom zakat is given. (See ‘To whom is zakat given?’) It is not permissible to give sadaqah al-fitr to the people to whom zakat is not given. (See ‘To whom is zakat not given?’).

29 Can fitrah and zakah be given to non-Muslims?

Zakah and fitrah cannot be given to non-Muslims. For, zakah is the right of poor Muslims. The Prophet (pbuh) stated the following in a hadith:

"Take zakah from rich Muslims and give it to poor Muslims."

Therefore, non-Muslims are not obliged to give zakah. This worshipping is a social duty peculiar to Muslims. Those who do not take part in this duty cannot benefit from it.

However, Imam Zufar regards it permissible for zakah to be given to dhimmis (non-Muslims under the Islamic administration). For, the purpose of zakah is to meet the needs of the needy through a way of worshipping. This purpose is fulfilled when zakah is given to poor dhimmis. Besides, it is unanimously agreed that sadaqah, which is regarded as nafilah worshipping, can be given to dhimmis. 

In addition, zakah and fitrah can be given to non-Muslims whose hearts are to be reconciled with Islam.

These people, who are known as “Muallafa al-qulub”, are the people whose hearts are wanted to be reconciled with Islam, whose harms are tried to be avoided or who are expected to help Muslims.

Acting upon an ijtihad of Hz. Umar, Hanafi scholars say that this practice was annulled after the death of the Prophet (pbuh).

Hanbali scholars say that the decree about muallafa al-qulub is permanent and a certain share of zakah can be given to them. 

Some contemporary Islamic scholars say that there are some people who can be regarded as muallafa al-qulub today and that it is necessary to allocated a certain share of zakah to them.

30 How is zakah for a house, plot of land and construction calculated? I am a builder. How should I calculate my earnings and give zakah? I construct apartment buildings and sell flats.

The cost of the flat and the profit obtained by selling the flat should be added; if there are any debts, they should be subtracted. Zakah should be paid from the remaining amount. 

Explanations related to different states of the issue are as follows:

1. I am a tenant. I have two houses. I receive rents from my two houses. I add some money to that rental income and pay for my installment of another flat that is being built by a housing cooperative. How should I give zakah for my rental income and my share of the flat that is being built?

Answer: You have two houses but you preferred to be a tenant. If the rental income of the houses you own is more than nisab amount, you have to give one-twentieth of your gross income as zakah every month. 

If you intend to live in the flat that is being built, you do not have to pay zakah for it when it is still being built. If you intend to sell it, you have to pay one-fortieth of the current value of the flat as zakah.  

2. I bought a plot of land with the intention of commercial investment; I made a deal with a construction firm based on flat for land method. I will receive my flats three years later from the builder. My intention is commercial for the flats I expect to receive in three years. I will sell them after receiving them and use the money from the sale as a commercial capital. What is the decree on it related to zakah?

Answer: Those flats are commercial goods. Those commercial goods have a certain market price; you can sell them even before the construction is completed. It is necessary for you to pay one-fortieth of zakah for the market (current) value of the flats.

3. I have shares of flats of various housing cooperatives with the intention of commercial investment. My shares of the flats will be delivered to me in three years. I pay certain installments for those flats.  What is the decree on them related to zakah?

Answer: Your immovable shares in the housing cooperatives are commercial assets; zakah is necessary for them as it is stated in the previous answer. The monthly installments you pay to the cooperative and other expenses need to be included in the calculation of zakah when your beginning of zakah year comes; that is, when you determine your zakah assets, you will subtract your expenses and debts.

4. I built an apartment building as a commercial investment. It cost me 100.000 EURO. I could not sell it for 150.000 EURO, which is its market value, for a long time. I still have it. What is the decree on it related to zakah?

Answer: The difference between this building and the share of a cooperative is that its cost is certain since you yourself built it. You have to pay one-fortieth of its cost as zakah every year. If you sell it, the money you will get (cost and profit) for it will be included in the zakah of the following year and the zakah of that income will be paid then.   

5. I have a shop. I could not sell it; therefore, I rented it out. I intend to sell it if I am offered a reasonable price and to use that money in trade. What is the decree on it related to zakah?

Answer: Since you regard the shop as a commercial asset and want to sell it, you need to pay one-fortieth of its cost (if you have built it yourself, its cost; if you have bought it or obtained it based on flat for land method, its market value) as zakah. If the rental income on its own or with the addition of other rental incomes is more than nisab amount, it is necessary to pay one-twentieth of the gross income as zakah.

31 Is zakah paid for luxurious houses and cars? Is there a limit for their material value?

Zakah is not paid for the things that are regarded as basic necessities like a house and a car no matter how expensive they are.

The rate of zakah given by a person increases based on his financial situation. A person who lives in a waterside has a high income. He has to pay zakah from his income in a certain amount. The zakah paid by that person will be more than the zakah paid by a person who lives in a cheaper house and has a lower income.

32 Is the money given to non-Muslims to help them or as charity regarded as sadaqah? Or, should we give it to others?

Sadaqah can be given to non-Muslims. The charity you have mentioned is regarded as sadaqah.

However, it is more appropriate for that kind of charity to be done by the organizations of Muslims.

Thus, it will cause the hearts of the non-Muslims who will receive the help to be reconciled with Islam.

for more information please click on the link given below;

MUALLAFA AL-QULUB

33 How is sadaqah given from the things that are loved?

To give one’s old things away as sadaqh to the needy people is regarded as sadaqah. However, it is a superior sadaqah for a person to give away something that he likes.

If a person gives something that he likes away for Allah, he attains the level of "birr" (righteousness). The following is stated in a verse:  

"By no means shall ye attain righteousness unless ye give (freely) of that which ye love; and whatever ye give, Allah knoweth it well." (Aal-i Imran, 3/92).

When this verse was sent down, Abu Talha wanted to give away "Birha" orchard, which he liked the best. The Prophet (pbuh) advised him to give it away to "his close relatives and cousins." Thereupon, he did so. (Bukhari, Zakat, 44, Wasaya, 17, 26; Muslim Zakat, 43; Ahmed b. Hanbal, III/141, 256). Hz. Umar gave away the valuable land that he received as booty after the battle of Khaybar. (Ibn Kathir, Mukhtasaru Tafsir, Beirut 1981, I/299)

Zayd b. Haritha told the Prophet (pbuh) that he would give away his famous horse called "Sayl" and the Prophet (pbuh) gave it to Usama b. Zayd. Hasan al-Basri states the following:

"If a person gives away only one of the dates that he likes, he attains "birr" mentioned in the verse."

Umar b. Abdulaziz gave away sweets to the poor a lot; when people asked him why he did so, he said, because I like sweets the best.

34 Can I give zakah in advance before a year is completed?

Zakah is given after it becomes fard. A rich person writes down the date when he starts to own nisab amount of money based on lunar calendar. For instance, if he becomes rich enough to pay zakah on the third of the month of Rajab, he gives zakah next year on the third of the month of Rajab if he still has nisab amount of money and goods. He does not wait for the month of Ramadan. There is no drawback to giving zakah before it is due; it is very good to do so.

It is even permissible to give zakah for a few years before. If a person miscalculates the zakah he has to give and gives two gold coins to a poor person instead of one, and if he notices it later, he can regard that extra gold coin for his zakah the next year.

However, if he has more goods at the end of the next year, he can give zakah for the extra amount only.

Zakah for the money that is saved is given after a year passes. If a person gives zakah before a year passes as soon as he obtains enough money for zakah, that is, before it becomes fard, he can pay the next zakah in two years’ time. For, he has paid the zakah for next year and zakah for the following year will be fard a year later; therefore, he can give the second zakah in two years’ time.

Zakah for the additional money you obtain will be calculated and given based on the time you obtain it.

35 When is zakah paid? Will you give detailed information about when to give zakah?

Zakah for goods that are subject to zakah can be given any time.

According to the strong and soundest views, zakah for the goods and money that are subject to zakah are paid as soon as one year passes. It is not permissible to delay it; it is a sin.

According to another view, zakah is fard but it is not fard to pay zakah as soon as one year passes. It can be given later. However, if a person dies before he pays zakah, he becomes a sinner. However, this view is weak.

A person who obtains goods or money that are enough to make him rich needs to write down that date based on the lunar calendar. For instance, if he becomes rich on the third of the month of Rajab, he pays zakah if he has nisab amount of goods or money on the third of Rajab the next year. He does not wait for Ramadan. 

It is permissible and better to pay zakah before its due time. It is also permissible to pay zakah for the year(s) to come. If a person calculates his goods and money wrongly and pays two gold coins for zakah instead of one gold coin and realizes it after paying it, he can regard the extra one gold coin as zakah for the next year.

The following is stated in a hadith:

"Hurry to give zakah."(Ibn Majah)

Is zakah given only in the month of Ramadan?

Every rich person gives zakah in different months and days. They do not have to wait for Ramadan. If he became rich on the twenty-third of Shawwal, he gives zakah on the twenty-third of Shawwal the next year. He can give it in Ramadan before Shawwal comes. However, he needs to calculate again on the twenty-third of Shawwal. If he gave less than what was necessary, he needs to give the missing amount; if he gave more, the extra amount would be nafilah. That is, it is permissible to pay zakah before its due time but it is necessary to calculate again on its due day.

36 Is zakah necessary for real estate? How is zakah given for houses, flats, plots of land, factories, motor vehicles and real estate that are hired out?

The main feature of the goods subject to zakah is "having the property of increasing and yielding income". Goods known by the world such as factories, motor vehicles, and real estate that yield great income emerged after the industrial revolution and social and technical developments. The characteristic of these goods is that they yield great income by being hired out or used in production, without changing ownership.

It is not regarded appropriate to apply the principle of exempting the house, shop, tools and objects obtained by individuals for their personal and professional needs from zakah because some of these goods like buses, planes, ships, rented houses, wedding halls, factories and shops are among common and important sources of income today, unlike the past. Machines and factories used in production - unlike the simple tools of the past - are sources of income that produce things through workers without the need for the manual labor of the owner.

Fiqh scholars like Ibn Aqil of Hanbali and Ibn Arabi of Maliki argued that both the goods themselves like jewelry that are rented, not sold, and their income were subject to zakah at the rate of 2.5%. (Ibn Arabi, Sharhut-Tirmidhi, III/104; Ibn Qayyim, Badai'ul-Fawaid, al-Muniriyya imp., III/143)

The fact that these goods do not yield income by changing hands through buying and selling but by leasing or running prevents them from being regarded as commercial goods. Their revenues cannot be compared to securities income. For this reason, it is more correct to evaluate them like land as contemporary Islamic scholars M. Abu Zahra, Khallaf, Abdurrahman Hasan and Qardawi do. Accordingly, the rental income and production income of such goods, not the value of the goods themselves, will be subject to zakah at the rate of 1/10 from the net income or 1/20 from the gross income just like agricultural goods. Annual depreciation value for goods subject to wear and tear, like transportation vehicles, machinery and factories, will be deducted from the basis of assessment, and if the amount of rental income and production reaches the amount of nisab, zakah will be given at the rate of 1/10 if the net income is certain or 1/20 if it is not certain. (Halqatud-Dirasat al-Ijtimaiyya, ad-Dawrath-Thalitha, Damascus 1952, p. 241-242; Qardawi, Fiqhuz-Zakah, p. 479-486)

Accordingly, if the net annual income of the rented place, machine, house, factory, etc. reaches the amount of nisab, one tenth of it (or one-twentieth of it out of gross income) is given as zakah.

The zakah of the goods that are subject to zakah at the rate of 1/40 and zakah of the goods like a house, bus, machine and hotel that are subject to zakah at the rate of 1/10 (or 1/20 out of gross income) are calculated separately.

37 For whom is Zakah fard? Will you give information about the ways of giving zakah, conditions for being liable to pay zakah, the time to give zakah and to whom to give zakah?

The ways of giving Zakah:

Zakah for gold, silver, cereals, domestic animals and commercial commodities that are subject to zakah can be paid by giving some of those goods themselves or their equivalents. It is up to the person who pays zakah. Accordingly, a person who has gold can pay its zakah as gold, fabrics, cereals, silver, etc. However, it is better to prefer the way that is more useful for the poor.

Zakah for something that has reached the amount called nisab can be given to the poor without waiting for one year to pass because the amount of nisab, which is the cause for the obligation of zakah, is present. It is permissible to pay a debt before its time is due. It is a deed that is favorable for the poor. However, if the wealth has not reached the amount of nisab, it is not permissible to pay zakah for it before its time is due. If something has reached the amount of nisab, it is permissible to pay zakah for a few years for it. If this amount is present at the end of the year, zakah will have been paid. If the amount is less than nisab amount, the money paid will be regarded as sadaqah. If it has increased, zakah is given for the difference.

* If zakah is given to a poor person who has a lot of children and if this amount is divided into the number of the family members, if no member receives as much as nisab amount, zakah given to them is not regarded as nisab amount. There is no drawback to such payments.

* If a person allows a poor person to live in his house freely with the intention of zakah, it is not regarded as zakah because the poor person is not given anything.

* In commercial partnerships, each partner is not regarded as a person who has to pay zakah based on the total amount of goods. If the share of each partner reaches the amount of nisab, each one of them has to pay zakah. If the share of a partner does not reach the amount of nisab, he does not pay zakah if he has no other goods.

Conditions For Being Liable to Pay Zakah:

1. The person to give zakah must be a Muslim, sane and of age (have reached the age of puberty). Zaka is not fard for non-Muslims, mad people, and children who have not reached the age of puberty. According to Imam Shafii, if children and mentally ill people have property, zakah is to be given from that property. Their guardians are to give zakah for them.

2. The person who will give zakah must have property (wealth) equal to or more than nisab amount, apart from his basic needs (hawaij al-asliyya) and his debt, if any. A person who does not have property equal to or more than nisab amount does not have to give zakah. Nisab is the amount of property determined by Shari’ah for zakah to be fard. This amount varies from property to property.

3. The property must also have the ability to increase for zakah to become fard. Gold and silver coins and ornaments, any goods or animals used in trade are subject to zakah; the animals that are grazed in the fields to reproduce or to milk are also subject to zakah because there is an increase in them.

4. The property from which zakah is to be given must be in the hands of the owner himself; that is, the owner must be the full owner of the property. Therefore, if a woman has not received her mahr from her husband, zakah is not necessary for that mahr. Zakah is not necessary for pledged property either because that property is in return for a debt. There is no full ownership of the property. Similarly, a debtor is not liable for zakah due to property that is in return for his debt. A person who is on a journey is liable for zakah for his property because even if his property is not with him, a deputy or proxy may manage his property.

5. A full year must pass for the property from which zakah is to be paid. It is called hawl al-hawalan because during this period, the property becomes valuable and increases. The amount of nisab must exist both at the beginning and at the end of the year. A temporary decrease in this amount during the year does not prevent zakah. The basis for calculating zakah is the lunar year, which is 354 days.

When is Zakah Paid?

According to the strongest and soundest view, zakah on the goods and money for which zakah is to be paid must be given immediately after one year has passed, as soon as the year ends. It is not permissible to delay it without an excuse. It is a sin. According to another view, giving zakah is not urgent. It does not have to be given immediately at the end of the year. The person for whom zakah is fard can do it whenever he wishes as he is alive. If he dies without giving zakah, he becomes a sinner then. However, this view is weak.

To whom to give zakah:

The people to whom zakah is given are divided into seven groups: the poor Muslims, the needy, debtors, travelers, mukatabs (contracted slaves), mujahids, and amils (zakah collectors):

1) Poor (Faqir): A person who does not have property equal to or more than the amount of nisab apart from his needs is called poor. Even if such a person has a house, household goods and money equal to his debt, he is still regarded as poor.

2) Miskin: A poor person who does not own anything and needs to beg for food and clothing.

3) Debtor: What is meant by debtor is a person who does not own nisab amount of property more than his debt, or a person who has property used by someone else and it is impossible for him to take it back. Giving zakah to such a debtor is better than giving it to a poor person who has no debt.

4) Passenger: What is meant by a traveler is a poor person whose property is in his hometown but who has nothing with him. Such a man can only receive zakah as much as the amount he needs; it is not halal for him to take more than he needs. However, it is better for such people to borrow money when possible than to receive zakah.

A person who loses his property while staying in his own country and thus becomes needy is also considered a traveler. Such people are not required to give the remainder of the zakah money they have received to the poor as sadaqah when they take their property back afterwards.

5) Mukatab: It means a male or female slave who has made an agreement with his/her master to be freed in return for a price. Zakah can be given to a slave who is in such debt in order to free him/her as soon as possible. However, a person cannot give zakah to his own mukatab slave because the benefit of it will return to him.

6) Mujahid: What is meant by mujahid is a person who is deprived of food, weapons and other things though he voluntarily wants to join the war in the way of Allah. Zakah can be given to such a person to meet his needs. It is called: “Infaq fi sabilillah = spending in the way of Allah”.

7) Amil: What is meant by Amil is a person who is assigned by the administrator to collect the zakah of the goods in a region. He is also called “collector”. Such an official can be given enough zakah for the needs of his family and himself during his work even if he is not poor.

Zakah can be given to each of the seven groups of people shown above. A person can give zakah to only one of them, or distribute his zakah to some or all of them. However, it is better to give zakah that does not reach nisab amount to only one of them because it will meet that need.
Although it is permissible to give nisab amount of zakah to a poor person, it is makruh. However, if the poor person has some debt or has a large family, and if he shares this zakah with them and if the amount that is left to him of is less than nisab, it is not makruh.

A poor person cannot sue a rich person in court by asking for zakah of his property because giving zakah to that plaintiff is not a responsibility. Besides, since zakah is a deed of worship, it is left to the owner’s understanding of religion

38 Is it necessary to pay zakah for the wealth of small children and mentally ill people?

Zakah is one of the deeds of worship included among the five pillars of Islam; therefore, the conditions that are necessary for the obligation in prayer (salah) and fasting are also sought in zakah. However, since zakah is a financial obligation with the content of social assistance and solidarity and it also concerns the rights of third parties, it has been a matter of debate whether the conditions of sanity and puberty sought in other deeds of worship are necessary in it.

Since zakah is considered a deed of worship, the obligation of wealthy non-Muslim citizens to pay zakah has never been in question; instead, other taxes were taken from them under different names.

Although there is consensus that children and mentally ill people are responsible for zakah called “ashar (tithe)” on products of the soil, two different views have been put forward as to whether zakah can be taken from their other property subject to zakah:

Abu Hanifa does not regard insane people and children who have not reached the age of puberty as liable for zakah, except for zakah on the products of the soil, which is a type of zakah taken as a part of the public law. According to the majority of fiqh scholars, the property of mentally ill people and children is subject to zakah. It is paid by the parents and guardians. Zakah is a financial worship that can be performed by proxy. The guardian is the guardian of the child and the mentally ill person regarding zakah too. He undertakes to perform the duty of fulfilling it; thus, he gives zakah on behalf of them.

Of those two different views, the view of the majority appears to be stronger and preferable because zakah is an obligation based on wealth; it is a responsibility toward the society and serves the realization of social justice. As a matter of fact, the following is stated in the Quran: “And in their wealth and possessions (was remembered) the right of the (needy,) him who asked, and him who (for some reason) was prevented (from asking).” (adh-Dhariyat 51/19)

39 Is it permissible to give zakah to one’s grandfather and grandchild?

Fiqh scholars discussed whether zakah should be given to relatives or not by associating it with the issue of nafaqah (sustenance/livelihood). Although the disagreements and ijtihad differences regarding the issue were largely due to differences of opinion on the issue of nafaqah, rather than difference in evidence, each madhhab’s approach to the issue was different.

According to Hanafis, the only people among whom it is not permissible to give or receive zakah are parents, children, grandchildren and grandparents. That is, a person cannot receive zakah from or give zakah to his mother, father, grandchild, grandmother and grandfather because there is the law of benefiting from each other’s property among those people; they will have given the property to themselves if they give and receive zakah among themselves.

Therefore, the deed of “giving zakah” is not considered to have been fully realized. There is no difference between their being from the poor class or from another class.

According to Hanafis, close relatives such as brothers and uncles can receive zakah directly from one another though there are people who are responsible for nafaqah among them. It is even more virtuous to give zakah to such people.(1)

According to Malikis, the only people among whom it is not permissible to give or receive zakah are parents and children because they are people who are responsible for nafaqah, except for the mother.

Malikis disagreed on whether people who are not responsible for nafaqah between them such as grandparents and grandchildren can give zakah to one another.

Giving zakah to those people is permissible according to some scholars, not permissible according to some others, makruh according to some others and mustahab according to some others. It is understood from Maliki texts that the makruh view belongs to Imam Malik.(2)

Thus, it is seen that Malikis distinguish between the issues of zakah and nafaqah in some places.

According to Shafiis, the only relatives for whom it is not permissible to give zakah to one another are parents, children, grandchildren and grandparents. One of those people cannot give zakah to another or receive zakah from him/her because zakah is given to the needy; since they are the people who have the responsibility of providing nafaqah, the person in need is considered rich due to the nafaqah that he will receive from his wealthy relative.

It is permissible to give zakah to and to receive zakah from other close relatives such as brothers and uncles.(3)

According to Hanbalis, the only people among whom it is not permissible to give and receive zakah are mothers, fathers, children, grandchildren, grandfathers and grandmothers. There is no difference between them being inheritors to one another because they are the pillars of a lineage; they are generally the people who benefit from the property of one another and have the responsibility of nafaqah; if one of them gives zakah to another, it means avoiding nafaqah, which is wajib and hence is regarded as giving zakah to oneself.  

As for close relatives such as brothers and uncles, it is permissible to give zakah to a person who, for any reason, cannot inherit his relatives who have to give zakah. Suppose that there are three people: owner of property, his son, and his uncle. In that case, the uncle cannot inherit the property of the owner, since the owner’s son deprives the owner’s uncle of inheritance. Therefore, it is permissible for the uncle to receive zakah from the owner.

There is a disagreement among Hanbalis about whether it is permissible to give zakah to the close relatives who may be heirs to each other; it is permissible according to some scholars and not permissible according to others. The view of those who argue that it is permissible is accepted as the stronger view in Hanbali madhhab. In addition, close relatives who are dhawil-arham can receive zakah even if they are heirs. (4)

To sum up, it is understood that the people among whom it is not permissible to give or receive zakah are parents and children according to the fiqh scholars of the four madhhabs, and according to some fiqh scholars other than Malikis, in addition to parents and children, are also grandparents and grandchildren.

According to other fiqh scholars, except for some Hanbalis, it is permissible for close relatives to receive zakah from each other. (5)

References:

1) Sarakhsi, al-Mabsut, 3: 11; Qasani, Badaius-sanai’, 2: 483; Ibnul-Humam, Sharhu Fathil-Qadir, 2: 274.
2) Sahnun, al-Mudawwana, 1: 297; Qarafi, az-Zahira, 3: 141; Ghirnati, al-Qawaninul-Fikhiyya, 214.
3) Shafii, al-Umm, 3: 200; Mawardi, al-Hawil-Kabir, 8: 535; Nawawi, al-Majmu’, 6: 222.
4) Ibn Qudama, al-Mughni, 4: 98-99; Mardawi, al-Insaf, 3: 254-260; Abu Ishaq Burhanuddin Ibrahim b. Muhammad b. Muflih, al-Mubdi’ fi Sharhil-Muqni’, thq. Muhammad Hasan Muhammad Hasan Ismail ash-Shafii, (Beirut: Darul-Kutubil-Ilmiyya, 1418/1997), 2: 418-423.
5) see Muhammed Çuçak, Nafaka Yükümlüsünün Nafakası ile Sorumlu Olduğu Kimselere Zekât Vermesinin Fıkhi Açıdan Değerlendirilmesi, BÜİFD, Issue: 13, Year: 2019/1, pp. 311-331.

40 How is zakah paid for commercial goods? Is it calculated based on the increase during the year? Can zakah be paid by goods?

All kinds of goods that are bought and sold and that are kept in order to gain profit are commercial goods; therefore, it is necessary to pay zakah for them.  Real estate like houses, plots of land, shops, inns and public baths, things like dry goods, carpets, rugs and white goods, grains like wheat, barley, rice and lentil, metals like iron, copper and aluminum, and animals like sheep, cattle and horses are all commercial goods. 

First of all, it is necessary for the commercial goods to be owned for one year and to reach the amount of nisab for zakah. The nisab amount of gold and silver are used as a basis for commercial goods. Accordingly, the value of the goods at the end of the year is taken into consideration while calculating zakah for the goods that reach the nisab amount of 20 mithqals (85 grams) of gold or 200 dirhams (595 grams) of silver at the beginning of the year. The increase and decrease in the value during the year do not affect zakah. However, if the amount falls below nisab at the end of the year, zakah is not paid for it.

If a merchant goes bankrupt during the year or he has no goods or money left, the condition of passing one year is annulled and the obligation of zakah is removed.

According to Shafii and Malikis, the condition of reaching the amount of nisab for commercial goods is taken into consideration only at the end of the year. If the value of the goods falls under the amount of nisab at the beginning or in the middle of the year, the obligation of zakah is not affected. For instance, if the capital of somebody who starts business with a capital of 10 mithqals (42.5 grams) of gold at the beginning of the year reaches the amount of nisab one year later, zakah is paid from all of the goods without waiting for a year to pass for the amount that increased.

According to Hanbalis, it is necessary for the value of the commercial goods not to fall below the amount of nisab from the beginning to the end of the year to be subject to zakah. If the value of the goods falls below the amount of nisab during the year, the condition of passing one year is regarded to have failed and zakah is not paid. It is necessary for those goods to pass one year again after they reach the amount of nisab for zakah to be paid. (Yusuf al-Qardawi, Fiqhuz-Zakah, I/329-331)

If the goods that are sold or bought are changed with the same or different kinds of goods during the year, "the condition of passing one year" is not removed. It is necessary to pay zakah for them based on the calculation made at the end of the year. For example, if somebody who has nisab amount of construction iron at the beginning of the year sells them and buys bricks, and then sells them and buys cement, he needs to pay zakah by calculating them unless they fall below the amount of nisab at the end of the year.  

When the value of commercial goods are calculated, their value is determined based on the market conditions of the place where they. When their value is calculated, the purchasing price and the cost are taken into consideration, not the marketing or selling price. For, the selling price of a certain product generally changes based on the market conditions, the balance of supply and demand, and the state of the customer. This becomes definite only when the sale is realized. However, the product has not been sold yet and its exact selling price is not definite. On the other hand, the cost and the purchasing price are definite. Therefore, it is more appropriate and easier to take into consideration the cost or purchasing price of the commercial goods when their zakah is calculated.

The rate of zakah is one-fortieth for commercial goods as it is for gold and silver. The commercial goods are calculated based on gold or silver.  If the value of the goods does not reach the amount of nisab according to one of them and reaches according to the other, zakah is paid according to the one that reaches nisab. For instance, if the value of a product does not reach the amount of nisab based on gold but reaches based on silver, it is calculated based on silver and its zakah is paid.

The zakah of commercial goods can be paid by money or by the goods themselves. For instance, a person who buys and sells fabrics can pay zakah by money or fabrics. It is useful to take into account the needs of the poor while doing it. It is better to prefer the one that will be benefit the poor. When zakah for commercial goods is calculated, the debts are subtracted and zakah is paid based on the remaining amount.

(Mehmed PAKSU, İbadet Hayatımız-1)

41 Is it permissible to give the whole zakah to one person? Or, is it better to give it to several people?

Zakah can be given to one person or more than one person.

According to Hanafis and Shafiis, it is permissible to give enough zakah to the poor and the needy people to meet their needs. 

According to Hanafis, if zakah is divided into very small amounts when it is given to several people, it is more appropriate to give the whole zakah to one person. For instance, zakah can be given to a poor person who got into debt in order to get married as a whole to meet his needs. 

It is permissible to give a person nisab amount of money or more as zakah but it is makruh. However, if there is more than one poor person in a family that zakah is given, it is not makruh to give an amount of zakah to this family that will not make each of them rich by taking into consideration all of the members of the family.

Besides, it is not makruh to give a debtor enough money to pay his debts and that will not be as much as nisab amount. 

On the other hand, zakah does not have to be given as a whole. It can be given by installments during the year.

42 What is the wisdom behind the fact that zakah is mentioned after prayer in the Quran?

Prayer is “the pillar of the religion” and zakah is the bridge of Islam. They are two divine principles, one of which guards the religion and the other of which guards law and order. Therefore, they are connected to each other.

The following sound hadith is reported from the Messenger of Allah (pbuh) about zakah, which includes all kinds of solidarity and assistance: “Zakah is the bridge of Islam.” (al-Mundhziri, at-Targhib wat-Tarhib, 1:517) That is, Muslims help one another by passing over the bridge of zakah. For, zakah is a means of help. The bridge that ensures law and order in social life of humans is zakah. The existence of social life in humans originates from mutual assistance. The antidote and drug to the misfortunes originating from the rebellions, insurrections and conflicts that impede human progress is mutual assistance.

Yes, there is vast wisdom in the obligation of zakah and prohibition of usury and interest, and lofty benefits and extensive mercy.

Yes, if you take a historical look at the page of the world and study the evils of humans that stain that page, you will see that the underlying reasons for all insurrections, corruptions and immorality are only two sayings:

The First: “Once I am full, what is to me if others die of hunger?”

The Second: “You work so that I can eat, and you toil so that I can rest.”

Only zakah can eliminate the first saying that shake the world of humanity and bring it to the brink of demolition.

What eradicates the second saying that drag humanity to general disasters, communism and that destroy human progress and law and order is the prohibition of usury and interest.

Consider this: The order of society is dependent on there being no vacuum between the classes of people. The upper classes should not grow distant from the lower classes, nor the rich from the poor, to the extent that the lines of communication are broken between them. What ensures the communication between those classes is zakah and mutual assistance. However, a tension occurs between the classes, the link of communication is cut off and no ties of kinship remain because the obligatory payment of zakah and the prohibition of usury and interest are neglected. Therefore, instead of respect, obedience, and love ascending from the lower classes to the upper classes, shouts of revolution shrieks of envy and cries of hatred and revenge arise. Similarly, instead of kindness, generosity, and favors descending from the upper to the lower classes, fires of tyranny and oppression, and volleys of insult rain down on them.

While the qualities of the elite should be the cause of modesty and compassion, unfortunately they give rise to pride and arrogance. And while the powerlessness and poverty of the poor necessitate kindness and benevolence, they lead to slavery and degradation. If you want a witness for what I say, take a look at the civilized world; there you will find as many witnesses as you wish.

To sum up, the only means of reconciliation and the establishment of communication between the classes is the acceptance of zakah, sadaqah and donations as a far-reaching rule by the administration of society. (see Said Nursi, İşârâtü'l-İ'câz – the chapter of al-Baqara, the interpretation of verse 3)

43 Is it permissible to make niyyah (intention) for something given as sadaqah without the intention of zakah or fitrah as zakah or fitrah afterwards?

As it is known, niyyah (intention) is related to the heart; it is not necessary to say it with the tongue. According to Hanafis and Shafiis in particular, intention has to be made while giving zakah or fitrah. For, zakah and fitrah are deeds of worship, and intention is necessary in worship.

When a person gives something to a poor person in the month of Ramadan and does not think whether it is zakah or fitrah can determine his niyyah later. However, there is a condition about it: 

If a person makes his niyyah as fitrah or zakah for something that he has given to a poor person after giving it, the poor person has to own that thing when he makes niyyah as fitrah or zakah for his intention to be valid. (see al-Fiqhul-Islami, II/750-51; Ö N. Bilmen, B. İslam İlmihali, p. 338; İsam; İlmihal, p. 438)

If the poor person has spent it before his niyyah, it is regarded as sadaqah, not as zakah or fitrah.

That is, if a person gives something with the intention of sadaqah first and changes his intention by saying it will be zakah, it is not regarded as zakah. Because here, there is an intention that determines the way the previously given item is to be offered—as an act of worship, even if it is a voluntary (nafilah) one—and one cannot withdraw from it.

44 Is it necessary to say that it is zakah, fidyah and fitrah when you give them?

It is not necessary to say that it is zakah, fidyah or fitrah when you give them. Besides, it is not necessary to utter statements like, "I have received / I have accepted". It is enough for the person who gives zakah, fidyah or fitrah to have the intention.

45 Can a person give zakah to his mother, father, sisters, brothers and other relatives?

A person can give zakah to all of his poor relatives except his descendants and ancestors. That is, a person cannot give zakah to his parents, grandparents, great-grandparents, his children, grandchildren and great-grandchildren. He can give zakah to his brothers and sisters if they are poor.

Fitrah is like zakah; it can be given to the same people.

46 Is zakah paid for the money that has been inherited?

First of all, we should state that a person who did not pay zakah though it was due and died, he is held responsible for zakah according to the majority of scholars. (Ibn Rushd, Bidayatul-Mujtahid, 1/307)

Therefore, if some property whose zakah has not been paid is left to the heirs, they must first pay the zakah debt of the deceased person and then share the remaining inheritance.

In addition, with the death of a person, the property passes to his heirs. (Ibn Nujaym, Bahrur-Raiq, 5/557)

It does not matter if the distribution was made late or the property was not received for any other reason.

For example, if a poor person inherits wealth equal to or more than the amount of nisab, he is regarded as a rich person from the day of his relative’s death. After he owns this wealth for one Hijri year, he is obliged to give zakah.

If the inheritor is rich, the amount of inheritance is added to the amount of the current year.

47 Is it necessary to say that it is fitrah when you give it to a poor person?

It is not necessary for the person to be given fitrah to be a person who performs prayers. Besides, you do not have to tell the person that it is fitrah. The person who receives fitrah does not have to perform a prayer of two rak'ahs.

According to Shafii madhhab, a person who gives zakah needs to intend when he gives it. However, he does not have to say, "This is my zakah" when he gives it to the poor.

(Mehmet Keskin, Şafii İlmihali)

48 Is it permissible to give zakah and fitrah to grandchildren?

It is permissible to give sadaqah al-fitr (fitrah) to the same people as zakah.

A person can give zakah to all of his relatives except his lineal relatives, that is, his ancestors and descendants. A person cannot give zakah to his mother, father, grandparents, great-grandparents, etc, and his children, grandchildren, great-grandchildren, etc.  He can give zakah to his brothers if they are poor.   

Accordingly, a person cannot give his fitrah to his grandchildren. For, if his grandchildren are needy and if their parents cannot look after them, the grandfather or grandmother has to look after them.

49 Can zakah be paid for hospital and treatment expenses?

That person is regarded as needy enough to receive zakah and zakah is given to him.

50 What are the evidences that the amount of nisab is one-fortieth (1/40) for zakah?

There are statements of the Prophet (pbuh) and the Companions that the amount of nisab is one-fortieth in gold and commercial goods.

The amount of zakah that is fard in gold and silver is 1/40, (one-fortieth) that is two point five percent (2.5 %). When a person has two hundred dirhams and one year passes after obtaining them, he has to give five dirhams as zakah for it. Half a dirham is necessary for twenty mithqals. 

The evidence on which this view is based is the hadiths related to the issue. One of them is the following hadith that the Prophet (pbuh) told Hz. Ali:

"When you possess two hundred dirhams and one year passes on them, you have to pay five dirhams as zakah. Nothing is incumbent on you until it reaches twenty dinars. When you possess twenty dinars and one year passes on them, you have to pay half a dinar as zakah."(1)

The Prophet (pbuh) said,

"There is no zakah for gold that is fewer than twenty mithqals and for silver that is fewer than two hundred dirhams." (2)

"Give one dirham as zakah for every forty dirhams of your money. You do not have to give any money as zakah until it becomes two hundred dirhams. When your money amounts to two hundred dirhams, you have to give five dirhams as zakah. The amount more than that is calculated accordingly for zakah." (3)

Footnotes:

1. Abu Dawud and Bayhaqi narrated this hadith. Naylul-Awtar, IV, 138.
2. Abu Ubayd narrated this hadith.
3. Daraqutni and Asram narrated this hadith. Abu Dawud narrated it from Hz Ali. Hz. Ali narrated it from Ibn Umar.

(Prof. Dr. Wahba Zuhayli, İslam Fıkhı Ansiklopedisi)

51 Can long-term debts be subtracted while calculating zakah?

Long-term debts can be subtracted from zakah. However, if a person is well off, we advise him not to subtract the long-term debts so that he will help the poor. 

A person who buys a car or a house with long-term installments like two, three, four or five years is regarded as a debtor. According to Hanafi madhhab, the debt is subtracted from the amount of zakah even if it is a deferred liability. (see Ibn Abidin, Raddu'l-Muhtar, Maymaniyya imp., II/6; Qasani, Badayi', Cairo 1327, II/11)

However, some scholars hold the view that long-term debts cannot decrease zakah.  Especially Shafii scholars and a view reported from Ahmad b. Hanbal support this view. Besides, some notables of the Companions also put forward this view

From this viewpoint, if a person who has a long-term debt is wealthy enough to pay the installments regularly when they are due, it is more appropriate for him to pay zakah for the nisab amount of wealth he has in terms of caution. For, today people can lengthen their debts up to ten to fifteen years.

In that case, when zakah is calculated, such debts generally decrease the amount of zakah. Consequently, Muslims are deprived of giving zakah and sacrificing animals.

Accordingly, it is more appropriate for the spirit of zakah to calculate the debt of the current year and give zakah from the remaining amount.

52 Can a person who has not paid his debt of zakah give sadaqah?

Sadaqah can be fard, wajib or nafilah based on the state of the responsible person.

The fard part of sadaqah consists of zakah; it includes tithe, which is the zakah of agricultural crops, and zakah of animals, commercial goods, gold, coin and other forms of money, treasures and ores. The word "sadaqat (alms)" used in the plural form in the verse determining the people and places to whom zakah is to be given includes all of them:  

"Alms are for the poor and the needy, and those employed to administer the (funds); for those whose hearts have been (recently) reconciled (to Truth); for those in bondage and in debt; in the cause of Allah, and for the wayfarer: (thus is it) ordained by Allah..." (at-Tawba, 9/60)

Sadaqah al-fitr, is a sadaqah that is wajib. It is a sadaqah that is wajib to be given by every Muslim who is alive at the end of the month of Ramadan and who has at least nisab amount of money or goods apart from his fundamental needs. It is called "fitrah (fitr)" in short; it means alms of creation given to gain thawabs. 

Abdullah b. Abbas states the following:  

"The Messenger of Allah (pbuh) rendered fitrah obligatory in order to purify people who fast from unnecessary and bad words and to provide food for the poor. If a person gives fitrah before eid prayer, it becomes an acceptable zakah, if he pays it after eid prayer, it becomes an ordinary sadaqah." (Bukhari, Zakah, 70, 71, 77; Muslim, Zakah, 12, 13, 16; Abu Dawud, Zakah, 18, 20; Nasai, Zakah, 31, 33; Ibn Majah, Zakah, 21)

Along with fard and wajib sadaqahs, Islam has a broad understanding of sadaqah. Along with giving away money and goods, deeds like helping a believing brother getting on and off his mount/vehicle and pleasing him with a smile or sweet words are regarded as sadaqah. 

According to Hanafis, the zakah debt of a person who gives away all of his wealth as sadaqah without making intention as zakah is removed by way of istihsan. However, it is necessary for him not to make intention of paying the debt of a vow or atonement when he gives it as sadaqah. If somebody gives some of his wealth of nisab amount as sadaqah, the zakah of the part he has given as sadaqah is not removed according to Abu Yusuf. This is the view also preferred by the writer of Hidaya. It becomes fard to give zakah for that part and for the remaining part. For, the part that has been given has not been determined for the fard to be removed. According to Imam Muhammad, the zakah for the part given as sadaqah is removed. This case is similar to giving away all wealth as sadaqah. For, the issue of zakah, which is part of the wealth, has become certain.   

It is mustahab for the people who are in debt or who are obliged to provide the food and needs of himself and his family members not to give sadaqah until they pay their debts and fulfill their responsibilities.

According to Shafiis, it is haram for a person who does not have enough money to spend for his livelihood or to pay his debt to give sadaqah. 

Zakah is the fard part of sadaqah. First, zakah, which is fard, is given; after that, sadaqah can be given as nafilah. Zakah must not be abandoned because of giving sadaqah as nafilah.

It is objectionable to delay zakah because of giving sadaqah.

53 Is zakah for money paid every year or only once?

It is necessary to pay zakah at a rate of one-fortieth (1/40) every year. If money is kept for three years, it is necessary to pay zakah three times.

If money is kept all the time, zakah will eat it away. From this point of view, one of the wisdoms behind zakah is to prevent money from being under the mattress saving and to revive the economy.

54 Is it necessary to say to the person you give zakah or fitrah that what you give is zakah or fitrah?

According to Hanafis, it is not necessary to say to the person you give zakah that what you give is zakah.

According to Shafiis, it is not necessary to say to the person you give zakah that what you give is zakah, either. (Majmaul-Anhur, I/1961)

55 Can zakah be given by installments?

Zakah can be given by installments. It is especially easy for the people who get monthly salaries. However, a person who is well off is advised to give zakah in advance, which is better for the poor. 

According to the strong and sound view, it is necessary for the zakah of the wealth to be given as soon as one year passes. It is not permissible to delay it. It makes a person a sinner.

According to another view, zakah is fard but it does not have to be given at once, that is, as soon as a year passes. A person can give it whenever he wishes. However, if he dies before he gives it, he becomes a sinner. Nevertheless, this view is weak.

56 Can taxes paid to the state be regarded as zakah?

Zakah is a deed of financial worshipping. An Islamic stated that is based on Islamic principles takes from the Muslims who have nisab amount of wealth a certain percentage of their wealth with the intention of zakah and gives it to the poor. If the state where a person lives is not an Islamic state, he gives a certain percentage of his wealth to the poor and other necessary people and institutions.

The taxes, fees, etc. that the state takes from people are not regarded as zakah.

Besides, the state takes it as tax not as zakah and does not spend the money it takes as tax on the eight group of people stated in the Quran.

To sum up, it is wrong to regard the tax given to the state as zakah. The money that the state takes from the rich based on its needs cannot be regarded as zakah either. For, it is not taken with the intention of zakah. (Zawajir, I/183; Ibn Abidin, II/39)

57 Does zakah have to be paid for the money that is saved to buy a house, get married or establish a business?

Zakah is not necessary for the extra possessions of a person except the money, gold, silver and commercial goods he owns like his house, shop and car whether they are rented or not. However, if their income reaches the amount of nisab (the equivalent of 80.18 gr. of gold) along with the other money, gold, silver and commercial goods a person has, he has to pay zakah at the end of the year at the rate of one-fortieth for them.

A person who has 80 gr. of gold or the equivalent in cash or commercial goods except his debts and basic needs has to pay zakah when one year passes if he has the same amount or more. After that, he needs to calculate his goods and money by subtracting his debts and basic needs every year (after 354 days passes) and pay zakah if they reach the amount of nisab. Besides, it is not necessary to wait for one year for the increases in the money or goods. It is necessary to pay zakah for all of the goods at the end of the year.  

You can calculate the zakah of your goods that are subject to zakah based on those principles.

Zakah is "an act of financial purification and cleanliness" that Allah ordered to be allocated from the wealth He gave to the poor. It is given for the sake of Allah. Anybody who gives zakah gives it for himself. For, Allah is Wakil (Trustee), Kafil (Guarantor), Hasib (Accounter), Nazir (Supervisor), Alim (Knower), Khabir (Aware) and Shakur (Rewarder of Thankfulness). A person who gives for the sake of Allah will not be at a loss in terms of the world and the hereafter. That is, Allah will replace it with more than he gives.

For instance, He makes it easy to do good things especially like "buying a house" and keeps bad things away. Therefore, it is not legitimate and permissible to delay zakah that is due no matter what basic need we plan to buy.

As a matter of fact, it is an obligation for us to pay zakah for our wealth that is worth at least 80 gr. of gold except our basic needs and that we have had for one year. Our plans to buy a house, a car or some other basic need in the distant or near future does not free us from paying zakah.

If one year passes over the money that you save to buy a basic need like a car and a house and if it is more than nisab amount, you have to pay zakah for it.

However, if you have bought a house and you are in debt, your money that is less than your debt is exempt from zakah.

58 Is it necessary to pay zakah for a field, plot of land and house?

Zakah is not paid for real estate like houses, fields and plots of land. Zakah is paid from their income, if any.

However, if a person buys and sells houses, fields or plots of land as a business, zakah is necessary for them.

Accordingly, zakah for real estate like houses and plots of land that are bought for business, investment, maintaining the value of money, etc., that cannot be sold at once and whose price can change in the course of time should be paid based on “the average of the cost price and market price”.

Zakah for plots of land and flats:

Plots of land are bought for two purposes: to construct a house or a building that will yield income or to keep it as a plot of land in order to obtain benefit. The plots of land bought for the former purpose are bought with the purpose of having a residence, not for business; therefore, zakah is not paid for their value. Zakah is paid from their income.   

The plots that are bought with the purpose of business are regarded as commercial goods when they are sold by dividing them or as a whole. Zakah is paid from their value. 

Zakah is not paid for the value of the buildings that are constructed and rented or inhabited; zakah is paid from their income. 

The buildings and flats that are constructed with purpose of selling are regarded as commercial goods and zakah is paid from their value.

Zakah is not paid for real estate like houses, fields and plots of land. Zakah is paid from their income, if any.

However, However, if a person buys and sells houses, fields or plots of land as a business, zakah is necessary for them.

Accordingly, zakah for real estate like houses and plots of land that are bought for business, investment, maintaining the value of money, etc., that cannot be sold at once and whose price can change in the course of time should be paid based on “the average of the cost price and market price”.

59 I want to give the zakah for my gold, which I did not give in the years 1998 and 1999 now. Based on what year should I calculate the zakah for the gold?

A Muslim who has gold, silver, money, commercial goods, animals, agricultural crops, etc., he has to give a certain amount of it as zakah. For instance, if he has gold, he has to give one-fortieth of the gold as zakah; what he owes as zakah is gold, not money.

If a Muslim did not give his zakah on time, he will have to give the same amount of gold or its equivalent today.

60 Is it necessary to give zakah for the money that one has lent to others?

It is necessary to give zakah for the money lent to others. You can give zakah for that money when it is repaid to you. 

However, if it is highly probable that the debtor will not repay that money, you do not have to give zakah for it.

61 Does a person who is in debt have to give zakah and sadaqah?

A person who is in debt has to pay his debt first instead of giving sadaqah. However, a person who has installments to pay can give sadaqah.

If a person has more wealth than nisab amount, he has to deduct the amount he owes from his wealth and give zakah from the remaining amount.

62 Are alms given during a year regarded as zakah? Is it necessary to make niyyah for zakah

Niyyah (intention) is necessary for zakah to be valid. What matters in niyyah is the heart; it is not necessary to say it by the tongue. When someone gives something to a poor person with the intention of zakah but says it is donation or sadaqah by the tongue, it is still zakah because what matters is the intention made through the heart. 

If something is given to a poor person without niyyah and if the poor person still has it, it is permissible to make niyyah as zakah. However, if he no longer has it, making niyyah for it as zakah is not enough.

If a person gives away all of the goods that he has without making niyyah as zakah, zakah is no longer necessary for them. If somebody donates some of his goods about which zakah is necessary to a poor person, the obligation of zakah for that amount is removed.

What is given away during a year can be given with the intention of zakah. However, those given without the intention of zakah are not regarded as zakah. Intention of zakah can be made before or while giving it or after giving it only if the poor person to whom it has been give it still has it.

63 Can zakah be given to the sayyids and sharifs, who are the descendants of the Prophet (pbuh)?

It was not permissible for the Prophet (pbuh) and his family that lived at that time to accept zakah. It is permissible for the descendants of the Prophet living today to accept zakah.

Mujtahids have different views about zakah that is haram for the relatives of the Prophet (pbuh). Abu Hanifa and Imam Malik say they are Hashimis. Imam Shafii says they are Hashimis and Sons of Muttalib. Abu Yusuf holds the view that it is haram for the relatives of the Prophet (pbuh) to accept zakah from others but that it is permissible among themselves.  

Yusuf al-Qardawi states that the descendants of the Prophet (pbuh) living today can accept zakah. Yusuf al-Qardawi indicates this and emphasizes that "Aal-i Muhammad" were the relatives of the Prophet (pbuh) that lived during his time and states that Abu Hanifa, Imam Muhammad and, according to a view, Imam Malik understand it like that.

He also says that it is not consistent to accept that it is permissible for "Aal-i Muhammad" to accept sadaqah but not to accept zakah because sadaqah, which is nafilah to give, necessitates more gratitude than zakah, which is fard to give. When Hz. Prophet (pbuh) imposed the prohibition of zakah for his relatives, he wanted to prohibit them from accepting zakah, to show the example of living modestly and to save himself and his family from any imputations. There is no reason for this prohibition to continue until the Day of Judgment. Besides, he holds the view that to deprive them of the revenues of booty and fay (booty obtained without fighting) means to condemn them to poverty. (Qardawi, Fiqkhuz-Zakah, Beirut 1969, II/732-733)