Fiqh Rules and Issues Regarding Zakat in the Light of Quran and Hadith: Volume 01: Page 275
◈ السلام عليكم ورحمة الله وبركاته
The Obligation and Importance of Zakat
◈ وعلیکم السلام ورحمة الله وبرکاته!
◈ الحمد لله، والصلاة والسلام علىٰ رسول الله، أما بعد!
❀ It should be borne in mind that it is very important to know the issues of Zakat, its conditions, those who pay Zakat and those who are entitled to it, the assets on which Zakat is levied, and their Nisab (minimum threshold).
◈ Zakat is one of the fundamental pillars of the religion of Islam and is among the foundations of Sharia, as is clearly indicated by the evidence from the Book and Sunnah.
◈ Allah Almighty has mentioned Zakat along with prayer in approximately eighty-two (82) places in His Book, which shows the greatness of Zakat and its close relationship with prayer.
❀ On this basis, the first Caliph, Sayyiduna Abu Bakr رضي الله عنه, said: "وَاللهِ لَأُقَاتِلَنَّ مَنْ فَرَّقَ بَيْنَ الصَّلَاةِ، وَالزَّكَاةِ"
“By Allah! I will fight against anyone who differentiates between prayer and Zakat.”
❀ Allah Almighty says: ﴿وَأَقيمُوا الصَّلوٰةَ وَءاتُوا الزَّكوٰةَ ... ﴿٤٣﴾... سورة البقرة
“And establish prayer and give Zakat.”
❀ And Allah Almighty says: ﴿فَإِن تابوا وَأَقامُوا الصَّلوٰةَ وَءاتَوُا الزَّكوٰةَ فَخَلّوا سَبيلَهُم ...﴿٥﴾... سورةالتوبة
“But if they repent, establish prayer, and give Zakat, then leave their way.”
❀ Also, the Prophet ﷺ said: "بُنِيَ الْإِسْلَامُ عَلَى خَمْسٍ شَهَادَةِ أَنْ لَا إِلَهَ إِلَّا اللَّهُ وَأَنَّ مُحَمَّدًا رَسُولُ اللَّهِ وَإِقَامِ الصَّلَاةِ وَإِيتَاءِ الزَّكَاةِ وَالْحَجِّ وَصَوْمِ رَمَضَانَ"
“Islam is based on five things:
① To testify that there is no god but Allah and that Muhammad is the Messenger of Allah.
② To establish prayer.
③ To give Zakat.
④ To perform Hajj.
⑤ To fast in Ramadan.”
◈ Muslims are unanimously agreed that Zakat is obligatory and is the third pillar of Islam.
◈ Whoever denies the obligation of Zakat is a disbeliever, and whoever does not pay Zakat on his wealth is fought until he pays the full Zakat.
◈ Zakat was made obligatory in the 2nd year of Hijri.
◈ After that, the Messenger of Allah ﷺ sent some individuals to collect Zakat and deliver it to those who were entitled to it.
◈ This was also the practice of the Rightly Guided Caliphs رضي الله عنهم أجمعين after him and the Muslim rulers.
◈ Paying Zakat is an act of kindness and good treatment towards creation.
◈ It is a means of purifying wealth from impurities and a cause of protection from calamities/disasters.
◈ It is a prominent form of obedience and servitude to Allah Almighty.
❀ Allah Almighty says: ﴿خُذ مِن أَموٰلِهِم صَدَقَةً تُطَهِّرُهُم وَتُزَكّيهِم بِها وَصَلِّ عَلَيهِم إِنَّ صَلوٰتَكَ سَكَنٌ لَهُم وَاللَّهُ سَميعٌ عَليمٌ ﴿١٠٣﴾... سورة التوبة
“Take, [O, Muhammad], from their wealth a charity by which you purify them and cause them increase, and invoke [ Allah 's blessings] upon them. Indeed, your invocations are reassurance for them. And Allah is Hearing and Knowing.”
❀ In summary, through Zakat, the human soul is cleansed from miserliness and stinginess, and by giving Zakat from beloved wealth, a wealthy person succeeds in the test of Allah Almighty.
◈ Allah Almighty has made Zakat obligatory on those types of wealth in which there is more benefit for the creation, and which are increasing/profitable.
❀ Examples:
✿ Herds of livestock and fields etc. (naturally increase)
✿ Gold, silver, and merchandise (increase through transaction/trade)
◈ The Shariah has prescribed the rate of Zakat on every type of wealth according to the labor and effort involved in acquiring it:
❀ One-fifth Zakat is due on wealth found buried from the pre-Islamic era.
❀ One-tenth (Ushr) is due on that in which the effort is from one side, such as fields that do not require special effort to water and receive water from rain/springs.
❀ One-twentieth Zakat is due on that in which there is double the effort, such as watering with a Persian wheel, etc.
❀ One-fortieth is due on wealth in which there is more effort in arranging/protecting/calculating shares, such as currency or merchandise, etc.
◈ The reason for naming it Zakat is that by paying it, the heart and wealth are purified.
◈ Zakat is not a penalty or tax that reduces wealth and causes loss to the owner; rather, on the contrary, Zakat increases wealth in such a way that the giver is not even aware of it.
❀ The Messenger of Allah ﷺ said: "مَا نَقَصَتْ صَدَقَةٌ مِنْ مَالٍ"
"Charity (Zakat) does not decrease wealth."
◈ In the terminology of Shariah, Zakat means: the right of specific people that becomes obligatory on specific wealth at a specific time.
❀ Its forms:
✿ Zakat on livestock, cash, and merchandise after one year has passed.
✿ Zakat on grains and fruits when they are ready.
✿ Zakat on honey or minerals found in a specified quantity.
✿ Sadaqah al-Fitr is obligatory on every Muslim after the sun sets on the night of Eid.
◈ Zakat becomes obligatory on every Muslim who meets the following five conditions:
✿ Zakat is not obligatory on a slave or a bondmaid, because they do not have independent ownership of wealth; whatever wealth they possess is considered the property of their master, so the master should pay the Zakat.
❀ Being a Muslim is a condition for the owner of the wealth
✿ Zakat is obligatory on the wealth of a Muslim, not on the wealth of a non-believer; because the purpose of Zakat is to express nearness to Allah Almighty and obedience to Him, and the non-believer is not eligible for this.
✿ Also, intention is necessary in Zakat, and the intention of a non-believer is not valid.
✿ The obligation of Zakat on a non-believer means that they are also addressed by the commands of Allah Almighty and will be punished in the Hereafter.
✿ However, there is disagreement among some scholars regarding the obligation of Zakat and other commands on a non-believer.
❀ It is narrated from Sayyidna Mu'adh رضي الله عنه that the Messenger of Allah ﷺ said: "ادْعُهُمْ إِلَى شَهَادَةِ أَنْ لَا إِلَهَ إِلَّا اللَّهُ , وَأَنِّي رَسُولُ اللَّهِ"
"Invite them (the People of the Book) to bear witness that there is no god but Allah and Muhammad ﷺ is the Messenger of Allah."
Then the Prophet ﷺ mentioned prayer, then said: "ادْعُهُمْ إِلَى شَهَادَةِ أَنْ لاَ إِلَهَ إِلَّا اللَّهُ، وَأَنِّي رَسُولُ اللَّهِ، فَإِنْ هُمْ أَطَاعُوا لِذَلِكَ، فَأَعْلِمْهُمْ أَنَّ اللَّهَ قَدِ افْتَرَضَ عَلَيْهِمْ خَمْسَ صَلَوَاتٍ فِي كُلِّ يَوْمٍ وَلَيْلَةٍ، فَإِنْ هُمْ أَطَاعُوا لِذَلِكَ، فَأَعْلِمْهُمْ أَنَّ اللَّهَ افْتَرَضَ عَلَيْهِمْ صَدَقَةً فِي أَمْوَالِهِمْ تُؤْخَذُ مِنْ أَغْنِيَائِهِمْ وَتُرَدُّ عَلَى فُقَرَائِهِمْ"
"If they obey you in this, then tell them that Allah Almighty has made Zakat obligatory for them, which will be taken from their rich people and distributed to their poor."
✿ In this narration, Islam is stated as a condition for the obligation of Zakat. (And Allah knows best)
✿ It is necessary for the Nisab to be complete for Zakat to be obligatory; if the wealth is less than the Nisab, then Zakat is not obligatory.
✿ Whether the owner of the Nisab is an adult or a minor, sane or insane—Zakat is obligatory on everyone, because the Sharia evidences are general and include all of them.
✿ If someone possesses wealth that is not owned by them but belongs to someone else, then the person in possession is not liable for Zakat.
✿ Example: A slave making a contract of manumission with his master, agreeing to pay a certain amount for freedom. If the slave accumulates the money, he appears to be its owner, but in reality, the money belongs to the master and is temporarily held by the slave.
✿ Sayyidah Aisha رضي الله عنها narrates that the Messenger of Allah ﷺ said: "لَا زَكَاةَ فِي مَالٍ حَتَّى يَحُولَ عَلَيْهِ الْحَوْلُ"
"There is no Zakat on property until a year has passed over it."
✿ It should be clear that the condition of one year passing applies to wealth that is not produced from the land, such as cash, livestock, goods for trade, etc. The completion of one year is necessary for such wealth to grow, and the owner's benefit is also considered.
✿ However, if the wealth is produced from the land, the condition of one year passing does not apply; rather, Zakat becomes obligatory as soon as the grains, etc., are harvested and obtained.
◈ It is not a condition for the offspring of livestock that have reached the Nisaab, or for the profits of trade goods that have reached the Nisaab, that a separate year must pass.
◈ The income earned during the year should be added to the original Nisaab and Zakat should be paid on the total amount.
◈ However, if the original wealth does not reach the Nisaab, then the year should be counted from when the Nisaab is completed.
◈ If someone has given a loan to a person in difficulty and the money is not available, then according to the correct opinion, he will pay Zakat for one year when the loan is repaid (even if many years have passed).
◈ And if the debtor is wealthy but is procrastinating, then the creditor should pay Zakat every year.
◈ There is no Zakat on items for general use, such as: residential houses, clothes for use, household goods, vehicles, machinery, riding animals, etc.
◈ There is no Zakat on the items themselves from which rent is derived; Zakat is on their income.
◈ The condition is that the rental amount (or the existing amount with it) reaches the Nisaab and one year has passed on it.
◈ If Zakat becomes obligatory on someone but he dies before paying it, then Zakat will not be waived due to death.
◈ It is obligatory on the heirs to pay Zakat from his estate, because it is a payable right.
❀ The Messenger of Allah ﷺ said: "فدين الله أحق بالقضاء"
"The debt of Allah is more deserving of being paid off."
◈ Well-known and authentic hadiths have been narrated from the Messenger of Allah ﷺ regarding the Zakat of these animals.
◈ To the extent that the Prophet ﷺ and his successors wrote letters about the Zakat of these assets and its related issues, and sent representatives to collect Zakat in the surroundings of Medina and in the vast Islamic territories.
❀ These animals should not be for labor or farming, but rather kept for milk and breeding; because the benefit increases with age and number.
❀ These animals should graze and feed themselves for the whole year or most of the year.
❀ The Messenger of Allah ﷺ said: "فِي كُلِّ سَائِمَةِ إِبِلٍ فِي أَرْبَعِينَ بِنْتُ لَبُونٍ "
"For every forty grazing camels, there is a two-year-old female camel."
◈✔ In light of this hadith, there is no Zakat on animals that are fed with purchased fodder or grass brought from different places for the whole year or most of the year.
◈ When the above conditions are met in camels, the details of their Zakat are as follows:
① On five camels, the Zakat is one goat.
② On ten, two goats; on fifteen, three goats; and on twenty camels, four goats are due as Zakat—as proven by Sunnah and Ijma (consensus).
③ When the number of camels reaches twenty-five, then in Zakat, a she-camel that has completed one year and entered the second year should be given. If such a she-camel is not available, then a two-year-old camel that has entered the third year will suffice.
④ When there are thirty-six camels, the Zakat is a she-camel that is two years old and has entered the third year—this is the consensus of the scholars, and this ruling applies up to forty-five camels.
⑤ When there are forty-six to sixty camels, the Zakat is a three-year-old she-camel that is capable of riding and carrying loads.
⑥ When there are sixty-one camels, the Zakat is a four-year-old she-camel whose milk teeth have fallen out and is fully mature—this is the command of the Messenger of Allah ﷺ, and this applies up to seventy-five camels.
⑦ When there are seventy-six to ninety camels, according to the authentic Hadith, the Zakat is two she-camels that are two years old.
⑧ When there are ninety-one to one hundred and twenty camels, the Zakat is two young she-camels that have completed three years and entered the fourth year.
⑨ When there is even one more than one hundred and twenty camels, according to the letter of the Messenger of Allah ﷺ, the Zakat is three she-camels that are two years old.
⑩ After that, for every fifty camels, a three-year-old she-camel is obligatory as Zakat, and for every forty camels, a two-year-old she-camel is obligatory.
◈ It is known from the Shariah texts and consensus that Zakat is obligatory on cows.
❀ It is narrated from Sayyidna Jabir رضي الله عنه that I heard the Messenger of Allah ﷺ say: " مَا مِنْ صَاحِبِ إِبِلٍ، وَلَا بَقَرٍ، وَلَا غَنَمٍ، لَا يُؤَدِّي حَقَّهَا، إِلَّا أُقْعِدَ لَهَا يَوْمَ الْقِيَامَةِ بِقَاعٍ قَرْقَرٍ تَطَؤُهُ ذَاتُ الظِّلْفِ بِظِلْفِهَا، وَتَنْطَحُهُ ذَاتُ الْقَرْنِ بِقَرْنِهَا، لَيْسَ فِيهَا يَوْمَئِذٍ جَمَّاءُ وَلَا مَكْسُورَةُ الْقَرْنِ"
"Whoever owns camels, cows, and sheep and goats and does not pay Zakat, he will be laid down in a level plain where these animals will gore him with their horns and trample him under their feet. On that day, there will be neither a hornless goat nor a goat with broken horns among them."
❀ The words of Sahih al-Bukhari are: "إِلَّا أُتِيَ بِهَا يَوْمَ الْقِيَامَةِ أَعْظَمَ مَا تَكُونُ وَأَسْمَنَهُ تَطَؤُهُ بِأَخْفَافِهَا وَتَنْطَحُهُ بِقُرُونِهَا"
"On the Day of Resurrection, it will be brought to him, made larger and fatter than it was in the world. Then it will trample its owner with its hooves and gore him with its horns."
❀ It is narrated from Sayyidna Mu'adh bin Jabal رضي الله عنه: "أَنَّ النَّبِيَّ صَلَّى اللهُ عَلَيْهِ وَسَلَّمَ لَمَّا وَجَّهَهُ إِلَى الْيَمَنِ أَمَرَهُ أَنْ يَأْخُذَ مِنَ الْبَقَرِ مِنْ كُلِّ ثَلَاثِينَ تَبِيعًا، أَوْ تَبِيعَةً، وَمِنْ كُلِّ أَرْبَعِينَ مُسِنَّةً"
"When the Messenger of Allah ﷺ sent him towards Yemen, he ordered that a one-year-old calf be taken as Zakat from thirty cows, and a two-year-old cow be taken from forty cows."
◈ If the number of cows is less than thirty, then there is no Zakat. Because Sayyidna Mu'adh رضي الله عنه narrated that the Messenger of Allah ﷺ ordered that Zakat should not be taken unless there are thirty cows.
◈ When there are forty cows, then a "doodanta" (two-toothed) is due as Zakat.
❀ While sending Sayyidna Mu'adh رضي الله عنه to Yemen, the Prophet ﷺ commanded: "أن يأخُذَ مِنَ البَقَرِ: مِن كلِّ ثلاثينَ، تبيعًا أو تبيعةً، ومن كل أربعينَ، مُسنَّةً"
"He should collect a one-year-old calf for every thirty cows and a two-year-old calf for every forty cows as Zakat."
◈✔ When the total number of cows exceeds forty, the rule is:
❀ One one-year-old calf for every 30
❀ One two-year-old calf (donda) for every 40
◈ The obligation of Zakat on sheep and goats is proven by Sunnah and Ijma' (consensus).
❀ It is narrated from Sayyidna Anas رضي الله عنه that Sayyidna Abu Bakr Siddiq رضي الله عنه wrote to me: "هَذِهِ فَرِيضَةُ الصَّدَقَةِ الَّتِي فَرَضَ رَسُولُ اللَّهِ صَلَّى اللَّهُ عَلَيْهِ وَسَلَّمَ عَلَى الْمُسْلِمِينَ وَالَّتِي أَمَرَ اللَّهُ بِهَا رَسُولَهُ. . . وَفِي صَدَقَةِ الْغَنَمِ فِي سَائِمَتِهَا إِذَا كَانَتْ أَرْبَعِينَ إِلَى عِشْرِينَ وَمِائَةٍ شَاةٌ . . . "
"This is the prescribed amount of Zakat that the Messenger of Allah ﷺ has made obligatory on the Muslims and that Allah Almighty has commanded His Messenger ﷺ... And he also said: If freely grazing goats reach forty, then up to one hundred and twenty, one goat or sheep is due as Zakat..."
◈ If it is a ram or a lamb, it should be approximately one year old (khaira), and if it is a goat or a buck, it should be one that has entered the second year (donda) as Zakat.
◈ Sayyidna Suwaid bin Ghafla رضي الله عنه narrates that a collector of Sadaqah came to us from the Messenger of Allah ﷺ and he told us that we were commanded to take a sheep of approximately one year of age (khaira) and a goat of donda (i.e., having completed one year and entered the second) from the goat species (and the front milk teeth have fallen out).
◈ If the number of goats and sheep is less than forty, then there is no Zakat. In the narration of Sayyiduna Abu Bakr رضي الله عنه: "فَإِذَا كَانَتْ سَائِمَةُ الرَّجُلِ نَاقِصَةً مِنْ أَرْبَعِينَ شَاةً وَاحِدَةً فَلَيْسَ فِيهَا صَدَقَةٌ إِلاَّ أَنْ يَشَاءَ رَبُّهَا"
"If the number of grazing sheep is less than forty, there is no Zakat on them, unless the owner wants to pay Zakat voluntarily."
◈ When the number of goats and sheep is 121, then two goats are due as Zakat up to 200, as it is in the letter of Sayyiduna Abu Bakr Siddiq رضي الله عنه: "فَإِذَا زَادَتْ عَلَى عِشْرِينَ وَمِائَةٍ إِلَى مِائَتَيْنِ شَاتَانِ"
"When the number of goats exceeds one hundred and twenty by one, then two goats are due as Zakat up to two hundred."
◈ When the number of goats and sheep is 201, then three goats are due as Zakat up to 300, as it is in the same narration: "فإِذا زادت على مائتين إلى ثلاثمائة ففيها ثلاث"
"When the number of goats is from two hundred and one (201) to three hundred (300), then three goats are due as Zakat."
◈ After that, the rate remains the same: one goat is due as Zakat for every hundred goats.
❀ 4 in 400, 5 in 500, 6 goats are due as Zakat in 600.
◈ This whole detail is present in the letter of Sayyiduna Abu Bakr Siddiq رضي الله عنه, which he and Sayyiduna Umar ibn al-Khattab رضي الله عنه continued to act upon until their death.
◈ In Zakat, such an old or flawed animal should not be taken or given whose sacrifice is not permissible—yes, if the whole herd is like that, then that will be taken.
◈ Similarly, a pregnant, lactating animal, or an animal that is expected to be pregnant, should not be taken in Zakat.
❀ It is narrated from Sayyiduna Abu Bakr Siddiq رضي الله عنه: "وَلاَ يُخْرَجُ فِي الصَّدَقَةِ تَيْسٌ، وَلاَ هَرِمَةٌ، وَلاَ ذَاتُ عَوَارٍ، إِلاَّ مَا شَاءَ الْمُصَّدِّقُ"
"In Zakat, neither an old, nor a defective, nor a male animal should be taken, unless the Zakat collector desires it."
❀ And Allah Almighty says: ﴿وَلا تَيَمَّمُوا الخَبيثَ مِنهُ تُنفِقونَ ...﴿٢٦٧﴾... سور ةالبقرة
"And do not aim toward the defective [thereof] to spend [in charity]."
❀ Also, the Messenger of Allah ﷺ said: "وَلَكِنْ مِنْ وَسَطِ أَمْوَالِكُمْ فَإِنَّ اللَّهَ لَمْ يَسْأَلْكُمْ خَيْرَهُ ، وَلَمْ يَأْمُرْكُمْ بِشَرِّهِ "
"Give from the average of your wealth. Allah does not ask you for the best of your wealth, nor does He command you to give worthless wealth."
◈ The conclusion is that a fat animal should not be forcibly taken from the Zakat payer.
❀ While sending Sayyiduna Mu'adh bin Jabal رضي الله عنه to Yemen, the Messenger of Allah ﷺ said: "فإيّاكَ وَكَرَائمَ أمْوَالهم "
"Beware of taking the best of people's wealth."
◈ Zakat should generally be taken from the average quality, as the hadith commands "average quality."
◈ If someone's entire herd is sick, then sick animals should be accepted in Zakat, because the purpose of Zakat is mutual sympathy and compassion.
◈ It is excessive to ask for a healthy animal from the owner of a sick herd.
◈ Similarly, if all the animals are small, then Zakat will be from among them.
◈ If the Zakat payer willingly gives a superior and better animal, it is his choice, and there is more reward for him.
◈ Similarly, the price should be determined based on the ratio/estimate of healthy and sick or male and female animals.
❀ Example: If a healthy large animal is worth 2000 and a sick small animal is worth 1000, then half of both prices, i.e., 1500, should be paid.
◈ If livestock is in partnership between two or more individuals, there are two forms:
❀ *Ishtirak-e-A'yaan*: This means that the property is jointly owned in such a way that there is no separate identification of each other's property, but rather all the property is combined, such as one person owning half or a quarter share in the herd.
❀ *Ishtirak-e-Awsaf*: This means that each person's property is clear, but both keep their property together in one place.
◈ In both these cases, both partners will be involved in whether Zakat is obligatory or waived, and the effects of the increase or decrease in Zakat will also affect both. Furthermore, in these circumstances, both partners' property will be considered as one property—but this is subject to several conditions:
❀ The total property must reach the *Nisaab* (minimum threshold) for Zakat.
✿ If the total property is less than the *Nisaab*, then there is no Zakat.
✿ Here, the total *Nisaab* means that even if each individual's property is less than the *Nisaab*.
❀ Both must be eligible for the obligation of Zakat.
✿ If one is a non-believer, then this partnership will not be effective.
✿ If a Muslim's property reaches the *Nisaab*, then Zakat is due on it, otherwise not.
✿ The animals of both should live together, graze together, and spend the night in the same place.
✿ Milk should be milked in the same place.
✿ If everyone milks in a separate place, the partnership will not be valid.
✿ The bull of the joint herd should also be joint.
✿ All animals should graze in the same place; if there are separate pastures, the partnership will not be effective and will be considered separate ownership.
◈ When all these conditions are met, the property of the partners will be considered as one property.
❀ The Messenger of Allah ﷺ said: "ولا يجمع بين متفرق، ولا يفرق بين مجتمع خشية الصدقة، وما كان من خليطين فإنهما يتراجعان بينهما بالسوية"
"Do not gather scattered property, nor scatter collected property, for fear of paying Zakat... The Zakat that is collected from two partners, then both of them will collect from each other on an equal basis."
◈ If one person has one goat and another has thirty-nine goats, or forty people have a joint forty goats—and they stay together all year round and the conditions of partnership are met—then in both cases, a total of one goat is due as Zakat.
❀ In the first case:
✿ The one who has 1 goat will have to pay 1/40th of it.
✿ The one who has 39 will have to pay 39/40th of it.
❀ In the second case:
✿ Each one has to pay 1/40th of the Zakat.
◈ If three people have a total of 120 goats in such a way that each one has 40, then a total of one goat will be due as Zakat, and thus each one will have to pay one-third of a goat.
◈ Just as association is effective, similarly, according to Imam Ahmad (رحمة الله عليه), dissociation is also effective in some cases.
❀ Example:
✿ If a person's goats grazing in the forest live and graze separately in two places, and the distance between the two herds is such that it is permissible to shorten the prayer (Qasr), then Zakat will also be paid according to the separate herds. The goats from both places will not be combined for calculation.
✿ Zakat will be according to the place where the goats reach the minimum taxable amount (Nisaab).
◈ Whereas, according to the majority of scholars, dissociation is not effective in the wealth of one person; rather, his separate assets will be combined and calculated, and this is the more correct opinion. And Allah knows best.
◈ ھذا ما عندی والله اعلم بالصواب
Question
◈ السلام عليكم ورحمة الله وبركاته
The Obligation and Importance of Zakat
Answer
◈ وعلیکم السلام ورحمة الله وبرکاته!
◈ الحمد لله، والصلاة والسلام علىٰ رسول الله، أما بعد!
❀ It should be borne in mind that it is very important to know the issues of Zakat, its conditions, those who pay Zakat and those who are entitled to it, the assets on which Zakat is levied, and their Nisab (minimum threshold).
① Zakat: A Pillar and Foundation of Islam
◈ Zakat is one of the fundamental pillars of the religion of Islam and is among the foundations of Sharia, as is clearly indicated by the evidence from the Book and Sunnah.
◈ Allah Almighty has mentioned Zakat along with prayer in approximately eighty-two (82) places in His Book, which shows the greatness of Zakat and its close relationship with prayer.
❀ On this basis, the first Caliph, Sayyiduna Abu Bakr رضي الله عنه, said: "وَاللهِ لَأُقَاتِلَنَّ مَنْ فَرَّقَ بَيْنَ الصَّلَاةِ، وَالزَّكَاةِ"
“By Allah! I will fight against anyone who differentiates between prayer and Zakat.”
Reference: Sahih al-Bukhari, Zakat, Chapter on the Obligation of Zakat, Hadith 1400
❀ Allah Almighty says: ﴿وَأَقيمُوا الصَّلوٰةَ وَءاتُوا الزَّكوٰةَ ... ﴿٤٣﴾... سورة البقرة
“And establish prayer and give Zakat.”
Reference: Al-Baqarah 2/43
❀ And Allah Almighty says: ﴿فَإِن تابوا وَأَقامُوا الصَّلوٰةَ وَءاتَوُا الزَّكوٰةَ فَخَلّوا سَبيلَهُم ...﴿٥﴾... سورةالتوبة
“But if they repent, establish prayer, and give Zakat, then leave their way.”
Reference: At-Tawbah 9/5
❀ Also, the Prophet ﷺ said: "بُنِيَ الْإِسْلَامُ عَلَى خَمْسٍ شَهَادَةِ أَنْ لَا إِلَهَ إِلَّا اللَّهُ وَأَنَّ مُحَمَّدًا رَسُولُ اللَّهِ وَإِقَامِ الصَّلَاةِ وَإِيتَاءِ الزَّكَاةِ وَالْحَجِّ وَصَوْمِ رَمَضَانَ"
“Islam is based on five things:
① To testify that there is no god but Allah and that Muhammad is the Messenger of Allah.
② To establish prayer.
③ To give Zakat.
④ To perform Hajj.
⑤ To fast in Ramadan.”
Reference: Sahih al-Bukhari, Iman, Chapter: Your invocation is (part) of your faith, Hadith 8. Sahih Muslim, Iman, Chapter on the Pillars of Islam and its Great Supports, Hadith 16
◈ Muslims are unanimously agreed that Zakat is obligatory and is the third pillar of Islam.
◈ Whoever denies the obligation of Zakat is a disbeliever, and whoever does not pay Zakat on his wealth is fought until he pays the full Zakat.
② The Era and Practical System of the Obligation of Zakat
◈ Zakat was made obligatory in the 2nd year of Hijri.
◈ After that, the Messenger of Allah ﷺ sent some individuals to collect Zakat and deliver it to those who were entitled to it.
◈ This was also the practice of the Rightly Guided Caliphs رضي الله عنهم أجمعين after him and the Muslim rulers.
③ Zakat: Purification, Protection, and Servitude
◈ Paying Zakat is an act of kindness and good treatment towards creation.
◈ It is a means of purifying wealth from impurities and a cause of protection from calamities/disasters.
◈ It is a prominent form of obedience and servitude to Allah Almighty.
❀ Allah Almighty says: ﴿خُذ مِن أَموٰلِهِم صَدَقَةً تُطَهِّرُهُم وَتُزَكّيهِم بِها وَصَلِّ عَلَيهِم إِنَّ صَلوٰتَكَ سَكَنٌ لَهُم وَاللَّهُ سَميعٌ عَليمٌ ﴿١٠٣﴾... سورة التوبة
“Take, [O, Muhammad], from their wealth a charity by which you purify them and cause them increase, and invoke [ Allah 's blessings] upon them. Indeed, your invocations are reassurance for them. And Allah is Hearing and Knowing.”
Reference: At-Tawbah 9/103
❀ In summary, through Zakat, the human soul is cleansed from miserliness and stinginess, and by giving Zakat from beloved wealth, a wealthy person succeeds in the test of Allah Almighty.
④ In Which Wealth is Zakat Due and the Wisdom Behind the Rates
◈ Allah Almighty has made Zakat obligatory on those types of wealth in which there is more benefit for the creation, and which are increasing/profitable.
❀ Examples:
✿ Herds of livestock and fields etc. (naturally increase)
✿ Gold, silver, and merchandise (increase through transaction/trade)
◈ The Shariah has prescribed the rate of Zakat on every type of wealth according to the labor and effort involved in acquiring it:
❀ One-fifth Zakat is due on wealth found buried from the pre-Islamic era.
❀ One-tenth (Ushr) is due on that in which the effort is from one side, such as fields that do not require special effort to water and receive water from rain/springs.
❀ One-twentieth Zakat is due on that in which there is double the effort, such as watering with a Persian wheel, etc.
❀ One-fortieth is due on wealth in which there is more effort in arranging/protecting/calculating shares, such as currency or merchandise, etc.
⑤ The Name, Reality, and Blessing of Zakat
◈ The reason for naming it Zakat is that by paying it, the heart and wealth are purified.
◈ Zakat is not a penalty or tax that reduces wealth and causes loss to the owner; rather, on the contrary, Zakat increases wealth in such a way that the giver is not even aware of it.
❀ The Messenger of Allah ﷺ said: "مَا نَقَصَتْ صَدَقَةٌ مِنْ مَالٍ"
"Charity (Zakat) does not decrease wealth."
Reference: Sahih Muslim, Al-Birr was-Salat, Bab Istihbab al-'Afw wa al-Tawadu', Hadith 2588
◈ In the terminology of Shariah, Zakat means: the right of specific people that becomes obligatory on specific wealth at a specific time.
❀ Its forms:
✿ Zakat on livestock, cash, and merchandise after one year has passed.
✿ Zakat on grains and fruits when they are ready.
✿ Zakat on honey or minerals found in a specified quantity.
✿ Sadaqah al-Fitr is obligatory on every Muslim after the sun sets on the night of Eid.
⑥ Five Conditions for Zakat to be Obligatory
◈ Zakat becomes obligatory on every Muslim who meets the following five conditions:
❀ Being Free
✿ Zakat is not obligatory on a slave or a bondmaid, because they do not have independent ownership of wealth; whatever wealth they possess is considered the property of their master, so the master should pay the Zakat.
❀ Being a Muslim is a condition for the owner of the wealth
✿ Zakat is obligatory on the wealth of a Muslim, not on the wealth of a non-believer; because the purpose of Zakat is to express nearness to Allah Almighty and obedience to Him, and the non-believer is not eligible for this.
✿ Also, intention is necessary in Zakat, and the intention of a non-believer is not valid.
✿ The obligation of Zakat on a non-believer means that they are also addressed by the commands of Allah Almighty and will be punished in the Hereafter.
✿ However, there is disagreement among some scholars regarding the obligation of Zakat and other commands on a non-believer.
❀ It is narrated from Sayyidna Mu'adh رضي الله عنه that the Messenger of Allah ﷺ said: "ادْعُهُمْ إِلَى شَهَادَةِ أَنْ لَا إِلَهَ إِلَّا اللَّهُ , وَأَنِّي رَسُولُ اللَّهِ"
"Invite them (the People of the Book) to bear witness that there is no god but Allah and Muhammad ﷺ is the Messenger of Allah."
Then the Prophet ﷺ mentioned prayer, then said: "ادْعُهُمْ إِلَى شَهَادَةِ أَنْ لاَ إِلَهَ إِلَّا اللَّهُ، وَأَنِّي رَسُولُ اللَّهِ، فَإِنْ هُمْ أَطَاعُوا لِذَلِكَ، فَأَعْلِمْهُمْ أَنَّ اللَّهَ قَدِ افْتَرَضَ عَلَيْهِمْ خَمْسَ صَلَوَاتٍ فِي كُلِّ يَوْمٍ وَلَيْلَةٍ، فَإِنْ هُمْ أَطَاعُوا لِذَلِكَ، فَأَعْلِمْهُمْ أَنَّ اللَّهَ افْتَرَضَ عَلَيْهِمْ صَدَقَةً فِي أَمْوَالِهِمْ تُؤْخَذُ مِنْ أَغْنِيَائِهِمْ وَتُرَدُّ عَلَى فُقَرَائِهِمْ"
"If they obey you in this, then tell them that Allah Almighty has made Zakat obligatory for them, which will be taken from their rich people and distributed to their poor."
Reference: Sahih al-Bukhari, Zakat, Chapter on the Obligation of Zakat, Hadith 1395; and Sahih Muslim, Iman, Chapter on Calling to the Two Testimonies and the Laws of Islam, Hadith 19
✿ In this narration, Islam is stated as a condition for the obligation of Zakat. (And Allah knows best)
❀ Completion of the Nisab (Minimum Amount)
✿ It is necessary for the Nisab to be complete for Zakat to be obligatory; if the wealth is less than the Nisab, then Zakat is not obligatory.
✿ Whether the owner of the Nisab is an adult or a minor, sane or insane—Zakat is obligatory on everyone, because the Sharia evidences are general and include all of them.
❀ Being Personal Property
✿ If someone possesses wealth that is not owned by them but belongs to someone else, then the person in possession is not liable for Zakat.
✿ Example: A slave making a contract of manumission with his master, agreeing to pay a certain amount for freedom. If the slave accumulates the money, he appears to be its owner, but in reality, the money belongs to the master and is temporarily held by the slave.
❀ Completion of One Year on Wealth (Hawlaan-e-Haul)
✿ Sayyidah Aisha رضي الله عنها narrates that the Messenger of Allah ﷺ said: "لَا زَكَاةَ فِي مَالٍ حَتَّى يَحُولَ عَلَيْهِ الْحَوْلُ"
"There is no Zakat on property until a year has passed over it."
Reference: Sunan Ibn Majah, Zakat, Chapter: "Regarding one who benefits from wealth," Hadith 1792. And Tirmidhi narrated its meaning, Zakat, Chapter: "What has been narrated about there being no Zakat on wealth gained until a year has passed over it," Hadith 631
✿ It should be clear that the condition of one year passing applies to wealth that is not produced from the land, such as cash, livestock, goods for trade, etc. The completion of one year is necessary for such wealth to grow, and the owner's benefit is also considered.
✿ However, if the wealth is produced from the land, the condition of one year passing does not apply; rather, Zakat becomes obligatory as soon as the grains, etc., are harvested and obtained.
⑦ Ruling on Income Accruing During the Year
◈ It is not a condition for the offspring of livestock that have reached the Nisaab, or for the profits of trade goods that have reached the Nisaab, that a separate year must pass.
◈ The income earned during the year should be added to the original Nisaab and Zakat should be paid on the total amount.
◈ However, if the original wealth does not reach the Nisaab, then the year should be counted from when the Nisaab is completed.
⑧ The Issue of Debt and Zakat
◈ If someone has given a loan to a person in difficulty and the money is not available, then according to the correct opinion, he will pay Zakat for one year when the loan is repaid (even if many years have passed).
◈ And if the debtor is wealthy but is procrastinating, then the creditor should pay Zakat every year.
Reference: According to one opinion of the scholars, such a person is also subject to the same ruling as the former, i.e., he will pay Zakat for one year when he receives the loan back. (Sarim)
⑨ No Zakat on Commonly Used Items
◈ There is no Zakat on items for general use, such as: residential houses, clothes for use, household goods, vehicles, machinery, riding animals, etc.
⑩ Zakat on Rented Items
◈ There is no Zakat on the items themselves from which rent is derived; Zakat is on their income.
◈ The condition is that the rental amount (or the existing amount with it) reaches the Nisaab and one year has passed on it.
⑪ Zakat Becomes Obligatory and Death Occurs
◈ If Zakat becomes obligatory on someone but he dies before paying it, then Zakat will not be waived due to death.
◈ It is obligatory on the heirs to pay Zakat from his estate, because it is a payable right.
❀ The Messenger of Allah ﷺ said: "فدين الله أحق بالقضاء"
"The debt of Allah is more deserving of being paid off."
Reference: Sahih al-Bukhari, As-Sawm, Chapter: "Whoever dies and has fasting to make up," Hadith 1953; and Sahih Muslim, As-Siyam, Chapter: "Making up fasting on behalf of the deceased," Hadith 1148, and the wording is his.
Statement Regarding Zakat on Livestock
◈ Well-known and authentic hadiths have been narrated from the Messenger of Allah ﷺ regarding the Zakat of these animals.
◈ To the extent that the Prophet ﷺ and his successors wrote letters about the Zakat of these assets and its related issues, and sent representatives to collect Zakat in the surroundings of Medina and in the vast Islamic territories.
Two Conditions for Zakat to be Obligatory on Livestock
❀ These animals should not be for labor or farming, but rather kept for milk and breeding; because the benefit increases with age and number.
❀ These animals should graze and feed themselves for the whole year or most of the year.
❀ The Messenger of Allah ﷺ said: "فِي كُلِّ سَائِمَةِ إِبِلٍ فِي أَرْبَعِينَ بِنْتُ لَبُونٍ "
"For every forty grazing camels, there is a two-year-old female camel."
Reference: Sunan Abi Dawood, Zakat, On Zakat of Grazing Animals, Hadith 1575; Sunan al-Nasa'i, Zakat, Chapter on Exemption of Zakat on Camels Used for Family Transport, Hadith 2451; and Musnad Ahmad 5/2-4
◈✔ In light of this hadith, there is no Zakat on animals that are fed with purchased fodder or grass brought from different places for the whole year or most of the year.
Details of Zakat on Camels
◈ When the above conditions are met in camels, the details of their Zakat are as follows:
① On five camels, the Zakat is one goat.
② On ten, two goats; on fifteen, three goats; and on twenty camels, four goats are due as Zakat—as proven by Sunnah and Ijma (consensus).
Reference: See Sahih al-Bukhari, Zakat, Chapter on Zakat of Sheep, Hadith 1454; and Sunan Abi Dawood, Zakat, Chapter on Zakat of Grazing Animals, Hadith 1568
③ When the number of camels reaches twenty-five, then in Zakat, a she-camel that has completed one year and entered the second year should be given. If such a she-camel is not available, then a two-year-old camel that has entered the third year will suffice.
④ When there are thirty-six camels, the Zakat is a she-camel that is two years old and has entered the third year—this is the consensus of the scholars, and this ruling applies up to forty-five camels.
⑤ When there are forty-six to sixty camels, the Zakat is a three-year-old she-camel that is capable of riding and carrying loads.
⑥ When there are sixty-one camels, the Zakat is a four-year-old she-camel whose milk teeth have fallen out and is fully mature—this is the command of the Messenger of Allah ﷺ, and this applies up to seventy-five camels.
⑦ When there are seventy-six to ninety camels, according to the authentic Hadith, the Zakat is two she-camels that are two years old.
⑧ When there are ninety-one to one hundred and twenty camels, the Zakat is two young she-camels that have completed three years and entered the fourth year.
⑨ When there is even one more than one hundred and twenty camels, according to the letter of the Messenger of Allah ﷺ, the Zakat is three she-camels that are two years old.
⑩ After that, for every fifty camels, a three-year-old she-camel is obligatory as Zakat, and for every forty camels, a two-year-old she-camel is obligatory.
Reference: See Sahih al-Bukhari, Kitab al-Zakat, Bab Zakat al-Ghanam, Hadith 1454; and Sunan Abi Dawud, Kitab al-Zakat, Bab Fi Zakat al-Saimah, Hadith 1568
Zakat on Cows
◈ It is known from the Shariah texts and consensus that Zakat is obligatory on cows.
❀ It is narrated from Sayyidna Jabir رضي الله عنه that I heard the Messenger of Allah ﷺ say: " مَا مِنْ صَاحِبِ إِبِلٍ، وَلَا بَقَرٍ، وَلَا غَنَمٍ، لَا يُؤَدِّي حَقَّهَا، إِلَّا أُقْعِدَ لَهَا يَوْمَ الْقِيَامَةِ بِقَاعٍ قَرْقَرٍ تَطَؤُهُ ذَاتُ الظِّلْفِ بِظِلْفِهَا، وَتَنْطَحُهُ ذَاتُ الْقَرْنِ بِقَرْنِهَا، لَيْسَ فِيهَا يَوْمَئِذٍ جَمَّاءُ وَلَا مَكْسُورَةُ الْقَرْنِ"
"Whoever owns camels, cows, and sheep and goats and does not pay Zakat, he will be laid down in a level plain where these animals will gore him with their horns and trample him under their feet. On that day, there will be neither a hornless goat nor a goat with broken horns among them."
Reference: Sahih Muslim, Zakat, Chapter: The Sin of Withholding Zakat, Hadith 988
❀ The words of Sahih al-Bukhari are: "إِلَّا أُتِيَ بِهَا يَوْمَ الْقِيَامَةِ أَعْظَمَ مَا تَكُونُ وَأَسْمَنَهُ تَطَؤُهُ بِأَخْفَافِهَا وَتَنْطَحُهُ بِقُرُونِهَا"
"On the Day of Resurrection, it will be brought to him, made larger and fatter than it was in the world. Then it will trample its owner with its hooves and gore him with its horns."
Reference: Sahih al-Bukhari, Zakat, Chapter: Zakat on Cows, Hadith 1460
❀ It is narrated from Sayyidna Mu'adh bin Jabal رضي الله عنه: "أَنَّ النَّبِيَّ صَلَّى اللهُ عَلَيْهِ وَسَلَّمَ لَمَّا وَجَّهَهُ إِلَى الْيَمَنِ أَمَرَهُ أَنْ يَأْخُذَ مِنَ الْبَقَرِ مِنْ كُلِّ ثَلَاثِينَ تَبِيعًا، أَوْ تَبِيعَةً، وَمِنْ كُلِّ أَرْبَعِينَ مُسِنَّةً"
"When the Messenger of Allah ﷺ sent him towards Yemen, he ordered that a one-year-old calf be taken as Zakat from thirty cows, and a two-year-old cow be taken from forty cows."
Reference: Sunan Abi Dawood, Zakat, Chapter: Zakat on Grazing Animals, Hadith 1576; Jami' al-Tirmidhi, Zakat, Chapter: What has been reported about Zakat on Cows, Hadith 623; and Musnad Ahmad 5/230
◈ If the number of cows is less than thirty, then there is no Zakat. Because Sayyidna Mu'adh رضي الله عنه narrated that the Messenger of Allah ﷺ ordered that Zakat should not be taken unless there are thirty cows.
Reference: This is the meaning of the hadith, and its origin is in Musnad Ahmad 5/240
◈ When there are forty cows, then a "doodanta" (two-toothed) is due as Zakat.
Reference: Musinnah (مُسِنّہ) refers to an animal with two teeth, meaning that its two front teeth have fallen out and new teeth have grown in; age is not a consideration. See Al-Nihayah (ع۔و)
❀ While sending Sayyidna Mu'adh رضي الله عنه to Yemen, the Prophet ﷺ commanded: "أن يأخُذَ مِنَ البَقَرِ: مِن كلِّ ثلاثينَ، تبيعًا أو تبيعةً، ومن كل أربعينَ، مُسنَّةً"
"He should collect a one-year-old calf for every thirty cows and a two-year-old calf for every forty cows as Zakat."
Reference: Sunan Abi Dawood, Zakat, Bab Fi Zakat al-Saima, Hadith 1576; Sunan al-Nasa'i, Zakat, Bab Zakat al-Baqar, Hadith 3454; Musnad Ahmad 5/230, and the wording is theirs
◈✔ When the total number of cows exceeds forty, the rule is:
❀ One one-year-old calf for every 30
❀ One two-year-old calf (donda) for every 40
Zakat on Sheep and Goats
◈ The obligation of Zakat on sheep and goats is proven by Sunnah and Ijma' (consensus).
❀ It is narrated from Sayyidna Anas رضي الله عنه that Sayyidna Abu Bakr Siddiq رضي الله عنه wrote to me: "هَذِهِ فَرِيضَةُ الصَّدَقَةِ الَّتِي فَرَضَ رَسُولُ اللَّهِ صَلَّى اللَّهُ عَلَيْهِ وَسَلَّمَ عَلَى الْمُسْلِمِينَ وَالَّتِي أَمَرَ اللَّهُ بِهَا رَسُولَهُ. . . وَفِي صَدَقَةِ الْغَنَمِ فِي سَائِمَتِهَا إِذَا كَانَتْ أَرْبَعِينَ إِلَى عِشْرِينَ وَمِائَةٍ شَاةٌ . . . "
"This is the prescribed amount of Zakat that the Messenger of Allah ﷺ has made obligatory on the Muslims and that Allah Almighty has commanded His Messenger ﷺ... And he also said: If freely grazing goats reach forty, then up to one hundred and twenty, one goat or sheep is due as Zakat..."
Reference: Sahih al-Bukhari, Zakat, Bab Zakat al-Ghanam, Hadith 1454
◈ If it is a ram or a lamb, it should be approximately one year old (khaira), and if it is a goat or a buck, it should be one that has entered the second year (donda) as Zakat.
◈ Sayyidna Suwaid bin Ghafla رضي الله عنه narrates that a collector of Sadaqah came to us from the Messenger of Allah ﷺ and he told us that we were commanded to take a sheep of approximately one year of age (khaira) and a goat of donda (i.e., having completed one year and entered the second) from the goat species (and the front milk teeth have fallen out).
◈ If the number of goats and sheep is less than forty, then there is no Zakat. In the narration of Sayyiduna Abu Bakr رضي الله عنه: "فَإِذَا كَانَتْ سَائِمَةُ الرَّجُلِ نَاقِصَةً مِنْ أَرْبَعِينَ شَاةً وَاحِدَةً فَلَيْسَ فِيهَا صَدَقَةٌ إِلاَّ أَنْ يَشَاءَ رَبُّهَا"
"If the number of grazing sheep is less than forty, there is no Zakat on them, unless the owner wants to pay Zakat voluntarily."
Reference: Sahih al-Bukhari, Zakat, Bab Zakat al-Ghanam, Hadith 1454
◈ When the number of goats and sheep is 121, then two goats are due as Zakat up to 200, as it is in the letter of Sayyiduna Abu Bakr Siddiq رضي الله عنه: "فَإِذَا زَادَتْ عَلَى عِشْرِينَ وَمِائَةٍ إِلَى مِائَتَيْنِ شَاتَانِ"
"When the number of goats exceeds one hundred and twenty by one, then two goats are due as Zakat up to two hundred."
Reference: Sahih al-Bukhari, Zakat, Bab Zakat al-Ghanam, Hadith 1454
◈ When the number of goats and sheep is 201, then three goats are due as Zakat up to 300, as it is in the same narration: "فإِذا زادت على مائتين إلى ثلاثمائة ففيها ثلاث"
"When the number of goats is from two hundred and one (201) to three hundred (300), then three goats are due as Zakat."
Reference: Sahih al-Bukhari, Zakat, Bab Zakat al-Ghanam, Hadith 1454
◈ After that, the rate remains the same: one goat is due as Zakat for every hundred goats.
❀ 4 in 400, 5 in 500, 6 goats are due as Zakat in 600.
◈ This whole detail is present in the letter of Sayyiduna Abu Bakr Siddiq رضي الله عنه, which he and Sayyiduna Umar ibn al-Khattab رضي الله عنه continued to act upon until their death.
Reference: Sahih al-Bukhari, Zakat, Bab Zakat al-Ghanam, Hadith 1454; Jami` al-Tirmidhi, Zakat, Bab Ma Ja'a Fi Zakat al-Ibil wal-Ghanam, Hadith 621; Sunan Abi Dawood, Zakat, Bab Zakat al-Saimah, Hadith 1568
① Defective/Old/Flawed Animals Should Not Be Taken in Zakat
◈ In Zakat, such an old or flawed animal should not be taken or given whose sacrifice is not permissible—yes, if the whole herd is like that, then that will be taken.
◈ Similarly, a pregnant, lactating animal, or an animal that is expected to be pregnant, should not be taken in Zakat.
❀ It is narrated from Sayyiduna Abu Bakr Siddiq رضي الله عنه: "وَلاَ يُخْرَجُ فِي الصَّدَقَةِ تَيْسٌ، وَلاَ هَرِمَةٌ، وَلاَ ذَاتُ عَوَارٍ، إِلاَّ مَا شَاءَ الْمُصَّدِّقُ"
"In Zakat, neither an old, nor a defective, nor a male animal should be taken, unless the Zakat collector desires it."
Reference: Sahih al-Bukhari, Zakat, Chapter: "Not to take old or defective animals in charity." Hadith 1455
❀ And Allah Almighty says: ﴿وَلا تَيَمَّمُوا الخَبيثَ مِنهُ تُنفِقونَ ...﴿٢٦٧﴾... سور ةالبقرة
"And do not aim toward the defective [thereof] to spend [in charity]."
Reference: Al-Baqarah: 2/267
❀ Also, the Messenger of Allah ﷺ said: "وَلَكِنْ مِنْ وَسَطِ أَمْوَالِكُمْ فَإِنَّ اللَّهَ لَمْ يَسْأَلْكُمْ خَيْرَهُ ، وَلَمْ يَأْمُرْكُمْ بِشَرِّهِ "
"Give from the average of your wealth. Allah does not ask you for the best of your wealth, nor does He command you to give worthless wealth."
Reference: Sunan Abi Dawood, Zakat, Chapter on Zakat on grazing animals, Hadith 1582
◈ The conclusion is that a fat animal should not be forcibly taken from the Zakat payer.
❀ While sending Sayyiduna Mu'adh bin Jabal رضي الله عنه to Yemen, the Messenger of Allah ﷺ said: "فإيّاكَ وَكَرَائمَ أمْوَالهم "
"Beware of taking the best of people's wealth."
Reference: Sahih al-Bukhari, Zakat, Chapter: "Taking charity from the rich." Hadith 1496; Sahih Muslim, Iman, Chapter: "Calling to the two testimonies and the laws of Islam." Hadith 19
② Zakat Should Be Taken From the Average Quality
◈ Zakat should generally be taken from the average quality, as the hadith commands "average quality."
◈ If someone's entire herd is sick, then sick animals should be accepted in Zakat, because the purpose of Zakat is mutual sympathy and compassion.
◈ It is excessive to ask for a healthy animal from the owner of a sick herd.
◈ Similarly, if all the animals are small, then Zakat will be from among them.
③ If the Owner Wants to Give a Better Animal
◈ If the Zakat payer willingly gives a superior and better animal, it is his choice, and there is more reward for him.
◈ Similarly, the price should be determined based on the ratio/estimate of healthy and sick or male and female animals.
❀ Example: If a healthy large animal is worth 2000 and a sick small animal is worth 1000, then half of both prices, i.e., 1500, should be paid.
④ Ruling on Partnership in Livestock (Khaleeteen)
◈ If livestock is in partnership between two or more individuals, there are two forms:
❀ *Ishtirak-e-A'yaan*: This means that the property is jointly owned in such a way that there is no separate identification of each other's property, but rather all the property is combined, such as one person owning half or a quarter share in the herd.
❀ *Ishtirak-e-Awsaf*: This means that each person's property is clear, but both keep their property together in one place.
◈ In both these cases, both partners will be involved in whether Zakat is obligatory or waived, and the effects of the increase or decrease in Zakat will also affect both. Furthermore, in these circumstances, both partners' property will be considered as one property—but this is subject to several conditions:
❀ The total property must reach the *Nisaab* (minimum threshold) for Zakat.
✿ If the total property is less than the *Nisaab*, then there is no Zakat.
✿ Here, the total *Nisaab* means that even if each individual's property is less than the *Nisaab*.
❀ Both must be eligible for the obligation of Zakat.
✿ If one is a non-believer, then this partnership will not be effective.
✿ If a Muslim's property reaches the *Nisaab*, then Zakat is due on it, otherwise not.
✿ The animals of both should live together, graze together, and spend the night in the same place.
✿ Milk should be milked in the same place.
✿ If everyone milks in a separate place, the partnership will not be valid.
✿ The bull of the joint herd should also be joint.
✿ All animals should graze in the same place; if there are separate pastures, the partnership will not be effective and will be considered separate ownership.
◈ When all these conditions are met, the property of the partners will be considered as one property.
❀ The Messenger of Allah ﷺ said: "ولا يجمع بين متفرق، ولا يفرق بين مجتمع خشية الصدقة، وما كان من خليطين فإنهما يتراجعان بينهما بالسوية"
"Do not gather scattered property, nor scatter collected property, for fear of paying Zakat... The Zakat that is collected from two partners, then both of them will collect from each other on an equal basis."
Reference: Sahih al-Bukhari, Zakat, Chapter: Do not gather scattered property, nor scatter collected property, and Chapter: What is from two partners..., Hadith 1450-1451
⑧ Practical Examples of Partnership
◈ If one person has one goat and another has thirty-nine goats, or forty people have a joint forty goats—and they stay together all year round and the conditions of partnership are met—then in both cases, a total of one goat is due as Zakat.
❀ In the first case:
✿ The one who has 1 goat will have to pay 1/40th of it.
✿ The one who has 39 will have to pay 39/40th of it.
❀ In the second case:
✿ Each one has to pay 1/40th of the Zakat.
◈ If three people have a total of 120 goats in such a way that each one has 40, then a total of one goat will be due as Zakat, and thus each one will have to pay one-third of a goat.
⑨ The Issue of Separation (Scattering of One Person's Property)
◈ Just as association is effective, similarly, according to Imam Ahmad (رحمة الله عليه), dissociation is also effective in some cases.
❀ Example:
✿ If a person's goats grazing in the forest live and graze separately in two places, and the distance between the two herds is such that it is permissible to shorten the prayer (Qasr), then Zakat will also be paid according to the separate herds. The goats from both places will not be combined for calculation.
✿ Zakat will be according to the place where the goats reach the minimum taxable amount (Nisaab).
◈ Whereas, according to the majority of scholars, dissociation is not effective in the wealth of one person; rather, his separate assets will be combined and calculated, and this is the more correct opinion. And Allah knows best.
◈ ھذا ما عندی والله اعلم بالصواب
