THE OBLIGATORY CHARITY IN ISLAM

ZAKAT (ALMS TO THE POOR)

The benefit of giving Zakat

Allah Ta’ala has stated that ‘success is for those who give Zakat’. He has also stated ‘Whatever you give, Allah will replace it with even more and Allah is the best at giving wealth’. He has also stated ‘that those who are misers, then don’t think that whatever Allah has given them due to His virtue that it is a good thing for them but it is a bad thing for them, because that item will be wrapped around their necks and a lock put on it for those who are tight with their money’.

Punishment and loss for not giving Zakat

Allah has also stated ‘ those who collect silver and gold and do not spend it in the path of Allah then they will be given severe punishment and give them the good news that when they are heated in the fire of Hell and with that their foreheads and sides and backs will be marked and they will be told that this is that gold and silver which you gained for your desire and so taste what you had gained’. The Holy Prophet Sallallaho Alaihi Wasallam has reported that ‘the goods that are destroyed, are destroyed due to not giving Zakat’. He has also reported’ that ‘strengthen your possession by giving Zakat and heal your sick by giving Sadqa and pray to deter any difficulties and cry and perform worship’. He has also reported that ‘Allah Ta’ala has made four things obligatory and those who only perform three of them and miss one then it will be of no use to them until all four things are not performed. Namaz,Roza, Zakat and Hajj, and he stated that those who do not give Zakat, their Namaz is not accepted [Tibrani, Abu Da'ud, Imam Ahmad].

Rule: Zakat is Farz and those who reject it as Farz are infidels and those who do not give Zakat are wrongdoers and worthy of execution and those who delay and do not give Zakat on time are sinners and their testimony or oath will not be accepted [Alamgiri,Bahar]. According to Shariat, Zakat is defined as from your goods to take one part for Allah which has been fixed by Shariat and to make a Muslim poor person the owner of it.
Rule: To replace something is not giving Zakat, for example, to feed a poor person with the intention of giving Zakat as this would not be making the person the owner of the money. However, if food is given and whether he eats it or takes it with him then this will be counted as giving Zakat and in the same way if clothing is given with the intention of Zakat then the Zakat will be fulfilled [Durr-e-Mukhtar].
Rule: It is also a condition to make someone the owner that knows how to accept, it, meaning if someone throws it away or is easily fooled into giving it away then this is not counted as making someone the owner, for example if a small child or an insane person is given Zakat then it will not count. If the child does not have sense then the Zakat should be given to his father who should also be poor and then should be made the keeper or the child’s guardian or person looking after the child [Durr-e-Mukhtar, Radd-ul-Mohtar, Bahar].

Conditions when Zakat would become necessary

Rule: There are a few conditions when Zakat would become necessary.

1. To be a Muslim

2. To be an adult

3. To be sane

4. To be free (i.e. not a slave)

5. To be the owner of goods above Nisaab (threshold – where Zakat would become necessary)

6. To be a complete owner of the goods

7. To be free from any sort of loan

8. To be free from any goods which are regarded as basic necessities of living

9. The good have a value which will increase

10. For a year to pass

Rule: Zakat is not necessary for an infidel. If an infidel became a Muslim then he would not be ordered to pay Zakat for goods from previous years when he was not a Muslim [All books].
Rule: Zakat is not necessary for a child [Hidava etc.].
Rule: Zakat is not necessary for a person who has been insane for a full year. If a person is sane at the beginning of the year and at the end of the year but was insane in the middle of then Zakat is still necessary. If a person is insane from birth and then after reaching adulthood he gains sanity then Zakat will become necessary from that year and not from the previous years [Johra, Alamgiri, Radd-ul-Mohtar, Bahar].

Rule: Zakat is not necessary for possession of goods which are below the fixed threshold of Shariat, meaning if a person had goods but were less than the threshold of Nisaab then Zakat is not necessary for them.
Rule: You must have complete ownership of the goods, meaning if you had possession but was not an owner then Zakat is not necessary.
Rule: If goods are lost or have fallen in the sea or someone has robbed him and he has no witnesses for the robbery or have been buried in a field and you are not aware of where you have buried it or you gave some goods to a stranger for safe-keeping and then that person took off with them or you lent some money to someone and he refuses to pay the debt back and you have no witnesses and then after a period of time you got your goods or money back, then Zakat is not necessary for the time the goods were not in your possession [Durr-e-Mukhtar, Radd-ul-Mohtar].

If you have loaned some goods to a person who says he will pay back but is delaying it or has become bankrupt or a Qazi has ordered that he is poor or is refusing to pay back and he has witnesses and then when you recover the goods back, then Zakat is also necessary for the time when it was not in your possession [Tanwir, Bahar].
Rule: If money or goods have been given as a deposit or guarantee, then Zakat is not necessary on the person giving the deposit or the person keeping the deposit nor is it necessary for the years that it was held when the deposit has been given back [Durr-e-Mukhtar, Bahar etc.].
Rule: If a person has enough goods above the threshold of Nisaab but he owes so much that by paying the debt off he would go below the threshold of Nisaab then Zakat is not necessary on them whether the debt is of a worldly nature (such as a loan or repayment for lost goods or payment) or if it is of a religious nature (such as previous Zakats), for example, if a person has been above the threshold of Zakat for only one year and he has not given Zakat for two years then only the first year’s Zakat is necessary not for the second year, because after giving the first year’s Zakat from his goods the goods then fall below the threshold therefore the second year’s Zakat is not necessary [Alamgiri, Radd-ul-Mohtar].

A fixed time loan or Mehr does not stop you from giving Zakat

Rule: If you borrowed money and you did not have to pay anything until after a fixed time (for example, you borrowed some money and the owner said don’t pay me anything for five years and then pay the money back to me) then this will not stop you from giving Zakat [Radd-ul-Mohtar]. Also if the husband has to give so much money for Mehr, he still has to give Zakat because the wife does not ask for the Mehr [Alamgiri, Bahar].
Rule: A loan will stop you from giving Zakat when the loan is taken before the Zakat became Wajib and if money is borrowed after Zakat is due, then you will still have to give Zakat (for example, your year has finished and you are due to give £500 Zakat and then you take out a loan which takes you below the Nisaab threshold, the £500 Zakat will still have to be paid) [Radd-ul-Mohtar, Bahar).

Basic Necessities (Hajat-e-Asaliya)

Rule: Whatever goods are regarded as not the basic necessities and are above the threshold of Nisaab then Zakat is necessary. Hajat-e-Asaliya This means basic necessities that are required for living, such as, a house for living, clothes for wearing, goods for cooking and eating, animal/vehicle for transport, slave for helping, weapons for battle, tools for workmanship, books for knowledge and food stored for eating [Hidaya, Alamgiri, Radd-ul-Mohtar].

Zakat for three types of goods

The conclusion is that there are three types of goods which Zakat is necessary upon.

1. Gold and Silver.

2. Goods for business.

3. Animals which are kept for production and who eat on free range land.

Rule: Zakat is not necessary on pearls and diamonds and other jewellery (except gold and silver) regardless of the amount, however, if they are purchased with the intention of doing business then Zakat is necessary [Alamgiri, Durr-e-Mukhtar, Bahar].
Rule: If a person has more than the threshold (Nisaab) and in the running year the goods increased then the new goods are not counted as a new year but when the year finishes for the old goods it will also finish for the new goods even if the new goods are acquired one minute before the year end.
Rule: When giving Zakat or separating money for Zakat it is necessary to make the intention of Zakat. Intention means if asked you can without doubt say it is Zakat [Alamgiri].

Rule: If you gave money voluntary all year and then finally made the intention that whatever given was Zakat, then this will not count [Alamgiri].
Rule: Zakat money was in your hand and the poor snatched it away then the Zakat will count and if it fell on the floor and a poor person picked it up and if you knew the person and was happy, then the Zakat will count [Alamgiri].
Rule: Zakat money cannot be used in assisting the dead (buying Kafan, burial etc.) or for building a Mosque because this would not make the person the owner. If you want to spend money on things like helping the dead or building the Mosque then the method of doing this is to give the money to a poor person and then the poor person spends the money for these causes as this would mean both parties would gain reward. It is stated in the Hadith that if the money of Sadqa passes through one hundred hands then every person would gain as much reward as the first person who gave the money and there would be no decrease in the reward [Radd-ul-Mohtar, Bahar, Qazi Khan].
Rule: It is not necessary when giving Zakat to say to the poor that this is Zakat as only the intention is sufficient. If you gave the Zakat buy saying that this is a gift for you or it is a present for your children or Eid money and the intention is that you are giving Zakat, then the Zakat will count. The reason for this is because there are many poor people that feel ashamsd in taking Zakat and therefore you should not tell them that you are giving Zakat to them [Bahar].

Rule: If a person with Nisaab decides to give more than his Nisaab calculation of Zakat by giving the amount for two or three Nisaabs beforehand, and then at the end of the year he finds out that he had to give more than just one Nisaab and he had already done this by giving money before it’s due time then this will count. However, if he had given more than what was due from him with the intention for that year and then at the end of the year it was more than his Nisaab calculation was due then he cannot carry the excess amount to the next year (because the intention was for only to give that year) [Alamgiri, Bahar].
Rule: If a person owns one thousand pounds but he decides to give Zakat for two thousand pounds and makes the intention that if I have that much amount at the end of the year then this Zakat will be for this year and if not then the excess money will go towards next year, then this is allowed [Alamgiri, Bahar].
Rule: If you are in doubt that you have paid Zakat then you must pay again [Alamgiri, Radd-ul-Mohtar, Bahar, Siraajia, Behra-ul-Raiq].

ZAKAT FOR GOLD. SILVER AND BUSINESS GOODS
Nisaab for Gold and Silver

The Nisaab (threshold) for gold is seven and a half Tola (88 grammes) and for silver it is fifty two and a half Tola (620 grammes). The Zakat for gold and silver is determined by it’s weight and not it’s value. For example, jewellery or utensils of gold is made but it’s making makes the value of the gold more than 200 Dirhams (which may be the price of 7.5 tolas of gold). Also nowadays the value of 7.5 tolas of gold makes many Nisaabs when compared with the 52.5 tolas of silver and therefore the Nisaab will be calculated on weight and not on the value. In the same way by giving silver as Zakat for gold then the value will not be counted but the weight will be counted even if because of work and craftsmanship the value has increased. For example, if you had £700 worth of silver and you gave £25 for Zakat because although the jewellery was worth £700, it actually cost another £300, making the total £1000, then the Zakat would need only be £20 and the other £5 would be extra as the Zakat is given on the weight and not the total value.
Rule: When it is referring that the weight is taken into consideration and not the value then this is when the Zakat is being given for like to like product. Such as gold for gold or silver for silver and if another product is being given for another product, for example gold is being given as Zakat for silver or vice versa, then the value will be taken into consideration. [Radd-ul-Mohtar, Bahar].

How much Zakat should be given ?

Rule: When you have enough gold or silver that goes above the Nisaab then one fortieth is given, i.e. 2.5%. Whether it be in it’s original form or in the form of coins or something has been made out of it (such as jewellery, utensils, watch etc.) then Zakat is necessary on it. For example if you have 88 grammes of gold then 2.25 grammes of Zakat is necessary or if you have 620 grammes of silver then 15.75 grammes of silver is necessary for Zakat [Durr-e-Mukhtar, Bahar etc.].

Rule: Except for gold and silver you have other goods which are for business purposes then if the value of that adds to the same as the Nisaab for gold or silver then Zakat is necessary on that also, meaning the fortieth part of the goods is to be given for Zakat. If you did not have enough goods that reached upto the Nisaab level but you also had some gold or silver then they should be combined together and then if the total adds up to the Nisaab level then Zakat is necessary. The value of the goods should be calculated with the going currency of that county, for example in India the currency would be Rupees and for the UK it would be sterling. If gold or silver coins are used somewhere then it is upto you to use whichever coin you like. However, if you use Rupees and the Nisaab does not complete but by using an Ashrafi the Nisaab completes or vice-versa, or by using one currency the Nisaab completes but with another currency there is more than one-fifth of the Nisaab left-over then use the currency that gives more Nisaab left-over meaning one fifth more and do not use the other currency that does not add up to the extra Nisaab [Durr-e-Mukhtar, Bahar].

Calculation for goods more than the Nisaab

Rule: If you have more goods than the Nisaab threshold and the extra is one fifth more then Zakat is necessary on this extra amount. For example, for silver after 620 grammes (which is the Nisaab), then you have to pay Zakat on every 124 grammes above the threshold as this is one fifth of the threshold and therefore an extra 3.15 grammes have to be given in Zakat. In the same way for gold after the Nisaab of 88 grammes you have to pay Zakat on every 17.6 grammes of gold which would mean an extra Zakat of 0.45 grammes. If the extra did not amount to an additional fifth then Zakat is not applicable on the extra amount, meaning if you had 105 grammes of gold then Zakat is only payable on the Nisaab which is 88 grammes and the rest would not be payable as it does not add up to one fifth and hence the Zakat on the extra 17 grammes is not payable and the same applies to silver and other goods or money [Durr-e-Mukhtar, Alamgiri, Qazi Khan].

Rule: If you had both gold and silver and they both add up to the Nisaab separately then you cannot add the amount together’and give Zakat on the total amount (for example, you had 88 grammes of gold and 620 grammes of silver then you cannot add them both up to 708 grammes and then give Zakat on the amount as silver) but you have to give Zakat on them separately as separate items. Although if you wished you can pay the Zakat in one item (meaning if you wanted you could pay it all in gold) but you must pay it in the amount which would be better for the receiver and which is worth more.
Rule: If you have gold and silver but neither of them reach the threshold then calculate both of them and add them together and make either the gold Nisaab or the silver Nisaab. If then the Nisaab still does not complete then no Zakat is necessary. If the silver is converted to the value of gold or the gold is converted to the value of silver and then when mixed the Nisaab is completed, then Zakat is necessary and if silver makes the Nisaab and the gold does not then Zakat is necessary on silver.

If both conversions make the Nisaab then it is upto you, to which you give Zakat for. However, if one conversion makes the Nisaab and exceeds another fifth of it then it is necessary to give Zakat on this conversion. For example, you had 300 grammes of silver and 60 grammes of gold, when you converted the gold value the Nisaab of silver completes but if you try it the other way then the Nisaab of gold does not complete, in which case it is necessary to give Zakat after converting it to the Nisaab value of silver. If the Nisaab value reaches both but the silver reaches the value of 756 grammes of silver (Nisaab plus one fifth) and the gold does not reach 105.6 grammes, then it is necessary to give Zakat on the value of the silver. In the same way if you had many Nisaabs and none of the extra was individually reaching, an extra fifth of the Nisaab, then add the extra amount of the Nisaabs together and then if it adds up to a fifth extra of one Nisaab then you have to give Zakat on this and if it does not reach to a fifth on any Nisaab then no Zakat is necessary on the extra amount [Durr-e-Mukhtar, Radd-ul-Mohtar, Bahar].

ZAKAT ON SAIMA ((ANIMALS)
Definition of Saima

Zakat is necessary on three types of animals that are Saima, i.e. camels, cows and goats. Saima is those animals who spend most of the year grazing and their purpose is to gain milk or their young or just to keep [Tanweer, Bahar]. If hay or grass is brought to them in your home or the animals are used to shift loads or carry loads or are used for travelling on, then even if they graze, they are not Saima and their Zakat is not necessary. In the same way if they are kept to eat meat then Zakat is not necessary even if the animal grazes in the wild. If the animal is for sale and is kept to graze, then this is also not Saima, however, the value is to be calculated as business goods and the Zakat is to be given as normal [Durr-e-Mukhtar, Radd-ul-Mohtar, Bahar].

Zakat on Camels

Zakat is not necessary on less than five camels. When you have five or more than five but less than twenty-five, then on every five camels one goat is given as Zakat. Therefore if you have five then one goat is to be given and if you have ten then two are given etc etc [Hidaya, Durr-e-Mukhtar].
Rule: The goat that is given in Zakat is not to be less than one year old. The goat can be male or female, the choice is yours [Radd-ul-Mohtar].

Rule: If you have more than one Nisaab but less than two Nisaabs (more than five but less than ten) then Zakat on the extra amount is forgiven and is not necessary, meaning if you had seven or eight then only the one goat is necessary [Durr-e-Mukhtar].
Rule: If you have twenty-five camels then one small camel is given that is more than one year old and less than two years old, the same rule applies to upto thirty-five camels, meaning one small camel. If you have between thirty-six and upto forty-five then one camel more than two year’s old is to be given. If you have between forty-six and upto sixty then one camel that is more than three year’s old. If you have between sixty-one and upto seventy-five then one camel that is more than four year’s old is to be given. If you have between seventy-six and upto ninety then two camels that are older than one year’s old are to be given as Zakat.

If you have between ninety one and upto one-hundred and twenty then you must give two camels older than two year’s old. For more than one hundred and twenty upto one hundred and forty five then you must give two camels older than three year’s old and one goat for every five extra. For example, if you have one hundred and twenty five then you give two camels (older than three year’s old) and one goat, the same amount of camels are given for one hundred and thirty but two goats etc. Then if you have one hundred and fifty then give three camels (older than three years old).

Zakat on Cattle

Rule: If you have less than thirty cows then Zakat is not necessary. When you have thirty then the Zakat is one calf older than one year. If you have forty then the Zakat is one calf older than two year’s old. This rule applies to upto fifty nine cattle. On sixty cattle the Zakat is two calves older than two year’s old. Then the rule is on every thirty one calf one year old and on every forty one calf two year’s old. For example on seventy you would give two calves one calf that is one year old and one calf that is two year’s old. For eighty you would give two calves that are both two year’s old etc.etc.

Rule: The same rule applies to cows and buffaloes and if you have a mixture, then they would be added together. For example, if you have ten cows and twenty buffaloes then Zakat would have to be given. The Zakat given is the calf of the animal that there is more in quantity, e.g. if you have more cows than buffaloes then a calf of a cow would be given. If the amount is equal then the calf of the animal is given that is worth more in value [Alamgiri].

Zakat on Sheep and Goats

If you have less than forty sheep or goats then Zakat is not necessary. Between forty and one hundred and twenty then you would give one goat or sheep, meaning regardless of the quantity between this figure, only one goat is sufficient. Two goats are given for the quantity between one-hundred and twenty one and two hundred. Then upto between 201 and 300, three goats are to be given. Between 301 to 400, four goats are given in Zakat. Then for every hundred extra one extra goat is given and for any goats that are between the hundred mark, then there is no extra Zakat.
Rule: The choice is yours as to whether you give a male or female, however it is necessary that the animal is not younger than one year old. If this is the case then the value of a one year old goat would have to be given [Durr-e-Mukhtar, Bahar].

Lamb, sheep or goat are all regarded as the same and if you do not have a complete set of one kind then they are to be mixed together and you can give sheep or lamb in Zakat but they must be older than one year [Durr-e-Mukhtar]. If someone has a mixture of camels, cattle and goats but none complete their individual Nisaabs then there is no need to add them together and Zakat is not necessary.
Rule: If you have horses, donkeys or mules then even if they are for grazing they are not Saima. If they are for business then they would be treated as business stock and one fortieth is to be given on their value.

ZAKAT ON CROPS AND FRUIT

Which ground is regarded as Ushr (one tenth) and as Nisf Ushr (One twentieth) ?

The Holy Prophet Sallallaho Alaihi Wassallam has stated that the ground that has rainfall falling on it or has a stream of water wetting the ground or is looked after by water from a river or stream then it has to be given in Ushr (one tenth of the crops to be given to charity) and the ground that has to be given water where the water is brought to the ground on an animal etc. then that has to be given as Nisf Ushr (one twentieth of the crops to be given) [Bukhari etc.].

Rule: The farming ground that is watered by rainwater or from a stream then Ushr has to be given i.e. one tenth of the crops have to be given. If the farming ground is watered for some days by natural water and some days from brought water in buckets etc. then if more of the days is used using the natural water and a few days from water in buckets then Ushr is Wajib, otherwise Nisf Ushr [Radd-ul-Mohtar, Durr-e-Mukhtar].
Rule: Land that has been given on rent for farming then the Ushr is upon the farmer to give [Radd-ul-Mohtar].
Rule: If Ushr land has been divided between the cultivator and the landlord then the Ushr has to be paid by both of them. If the land is a taxable source then the tax has to be paid by the landowner [Radd-ul-Mohtar].

Different types of land

Rule: There are three types of land;

1. Ushri

2. Taxable (Khiraji)

3. Non Ushri and non taxable.

It is necessary to give tax on land that is taxable. It is necessary to give Ushr on land that is Ushri or land that is non Ushri and non taxable. Ushri land is that land where it is necessary to give Ushr, meaning whatever grows one tenth of it and taxable land is that land where tax has to be given, meaning that much tax which the king of Islam has fixed, whether it be fixed as a percentage of the crops e.g. one quarter or one third or half or a fixed amount e.g. ten or twenty rupees per acre or something similar to what Hazrat Umar Farooque had fixed.
Rule: If you are aware of what the railing Islamic sultanate has fixed then give that much as long as it is not more that what is fixed in the Hadith by Hazrat Umar Farooque, and where there is no fixed amount mentioned in the Hadith then no more than half of the crops are to be given and it is also a condition that the land is capable of growing the crops [Durr-e-Mukhtar, Radd-ul-Mohtar].

Rule: If you are hot aware of what the Islamic Sultanate has fixed then give what has been fixed by Hazrat Umar Farooque and if this is not known then give half [Fatawa-e-Razvia].
Rule: Where there is no Islamic Sultanate then people there should themselves spend on the poor and needy and those who themselves have to rely on tax [Bahar-e-Shariat].
Rule: The land in India is not regarded as taxable unless a particular land is proven to be taxable according to Shariat [Bahar-e-Shariat].

For whom and for what is Ushr necessary ?

Rule: It is not a condition to be an adult or to be sane for Ushr to be necessary. Whatever grows on land which is owned by a child or an insane person has to be still given Ushr [Alamgiri, Bahar]. If the person whom Ushr is necessary upon dies and the cultivator is present then the Ushr will be taken off him [Alamgiri, Bahar]. Rule: It is not a condition for Ushr that a whole year has to pass, in fact if in one year in one piece of land crops have grown many times then Ushr has to be given every time [Durr-e-Mukhtar, Radd-ul-Mohtar].
Rule: Nisaab is not a condition for Ushr, if even on Sa’a is grown the Ushr must be given [Durr-e-Mukhtar, Radd-ul-Mohtar].

If honey is made on Ushri land or on mountains or in the wild then Ushr is necessary on it and in the same way Ushr is necessary on honey that is taken from flowers from the mountains or from the wild, the only condition is that the king of Islam has made necessary precautions for that honey to be protected from poachers, thieves or robbers, otherwise it is not necessary to give Ushr [Durr-e-Mukhtar, Radd-ul-Mohtar]. Ushr is necessary on wheat, barley, corn, oat, rice and all types of linseed, safflower, walnuts, nuts and all types of fruit, cotton, flowers, sugarcane, melon, watermelon, eggplants and all types of vegetables whether a little or a lot has been grown [Alamgiri, Bahar]. Whatever grows in a house or mausoleum (shrine) is neither Ushri or taxable [Durr-e-Mukhtar, Radd-ul-Mohtar]

Land that qualifies as Ushri or Taxable (Khiraji)

Rule: If a Muslim has made a garden in their house and gives Ushri water to it then the land is regarded as Ushr and if taxable water is given then the land is regarded as taxable. If both types of water is given then the land is regarded as Ushri. If a settler (non Muslim) has made a garden in his house then the necessary tax will be taken. Water from the skies, a well, streams, sea etc. is all regarded as Ushri water. If a pool is dug by immigrants then that is regarded as taxable. If infidels had dug a well and it is now in the hands of Muslims or it was dug on taxable land then the water is taxable (Khiraji) [Alamgiri, Durr-e-Mukhtar].

Rule: There are many ways a land is regarded as Ushri, for example, if Muslims won the battle and the land was distributed between the Mujahideens or the landowners themselves converted to Islam. A battle did not occur and some land which was not being used was next to some Ushri land that was taken into farming or that land was given some Ushri water, all the above conditions means that the land is Ushri, there are also other reasons which make the land Ushri and you will find these in larger books.

Rule: There are many ways where land is also regarded as taxable (Khiraji), for example, Muslims won the battle and gave that land to the inhabitants as a favour or gave it to other infidels or that country came into a peace agreement with Muslims , or an immigrant bought Ushri land off Muslims or used Khiraji water on Ushri land then in all these cases the land will be regarded as Khiraji. There are also other reasons where land is regarded as Khiraji.
Rule: If Khiraji land is watered with Ushri water, the land will still remain as taxable.
Rule: The land that is not regarded as Ushri or Khiraji is for example, land that has been won in battle by Muslims and is kept until the day of judgement by Muslims or the owner of a piece of land dies and the land is given in Bait-ul-maal, then in these situations the land is not Ushri nor taxable.

Tax is not counted by giving it to the government -Where can tax (Khiraj) be given ?

Rule: The money that is given to the government for day to day living cannot be counted as Khiraj tax. The tax will remain the responsibility of the owner and it is necessary to give it. The tax is hot only given to the soldiers of Islam but all Muslims, where there is a Mosque being built or for the running of the Mosque or for the salary of the Imam or Mo’azzin or for the students learning Islamic knowledge or for the assistance of the scholars of Islam. Those scholars that give speeches and assist in teaching scholars of Islam and those scholars that remain busy in writing fatawas and for causes such as building bridges or roads etc. tax can be given to all the above reasons [Fatawa-e-Razvia].

WHOM CAN ZAKAT BE GIVEN TO ?

Who is a poor person and is defined as a pauper

Rule: There are seven types of people who can accept Zakat;

1. Faqir – poor person

2. Misqueen – Beggar 3 Aamil (Designated Person)

3. Aamil (Designated Person)

4. Riqab – Slave

5. Gharim – Person in debt

6. Fee-Sabeelillah – Spent in the path of Allah

7. Abn-isabeel – Traveller

Who should be given preference when giving Zakat

Rule: It is better when giving Zakat, Sadaqa etc. that it should be given to your own brothers and sisters, then to their children, then to your paternal uncles and aunts and then to their children, then to your maternal uncles and aunts and then to their children and then to people living in your home village or town [Johra, Alamgiri etc.]. It is quoted in the Hadith Sharif that Allah Ta’ala does not accept those people’s Sadaqat whose relatives are in need of it and they give the money to others [Radd-ul-Mohtar].
Rule: It is not allowed to give Zakat to Bad Mazhabs i.e. people who belong to a wrong sect [Durr-e-Mukhtar]. In the same way it is not allowed to give Zakat to those renegades who claim to be Muslims from their mouths but lower the dignity of Allah and His beloved Prophet or reject other obligatory beliefs of Islam [Bahar etc.].

Who can beg or ask for financial help

Rule: That person who has food for today or has the strength to go out and earn then it is not allowed for him to beg and if someone gives him food or money without him asking for it then he is allowed to take it. If a person has food but does not have clothes to wear then he can beg for them. If a person is going or is involved in Jihad or is a student learning Islamic knowledge then they can beg for assistance even though they may be healthy enough to earn for themselves. Just as it not allowed for people to beg, it is not allowed for people to give them aid when they beg for it as the giver will also be committing a sin [Durr-e-Mukhtar, Bahar].

SADAQA AND FITRA

The Holy Prophet Sallallaho Alaihi Wasallam has stated that ‘ a servant’s fast remains stuck between the earth and sky until he gives Sadaqa-e-Fitra [Delami, Khateeb, Ibn-e-AsaakarJ.
Rule: Sadaqa -e-Fitr is Wajib and the time to give it is the whole lifetime, meaning if you have not given it then give it now as the responsibility will not go away until it is given and when giving it, it will not count as Qaza, but will remain as Adaa, even though it is Sunnat to give it before the Eid Namaz [Durr-e-Mukhtar, etc.].
Rule: The Sadaqa-e-Fitr becomes Wajib on Eid morning from the break of dawn, and therefore if a person dies before the break of dawn on Eid day or becomes a Faqir then the Sadaqa will not become Wajib for them [Alamgiri].

Rule: After the dawn has broken on Eid day then a child is born or an infidel becomes a Muslim or a Faqir becomes rich then the Sadaqa-e-Fitr does not become Wajib for them [Alamgiri].
Rule: If before the dawn has broken on Eid day a child is born or an infidel becomes a Muslim or a Faqir becomes rich then Sadaqa-e-Fitr is Wajib upon them [Alamgiri].
Rule: If a person dies after dawn has broken then Sadaqa-e-Fitr becomes Wajib upon them [Alamgiri].
Rule: Sadaqa-e-Fitr is Wajib upon all Muslims who are free (not a slave) and are the owners of Nisaab (i.e. additional to the basic necessities), in this to be sane and be an adult is not a condition nor is it a condition for the goods or money to be within your possession for over a year [Durr-e-Mukhtar].

Quantity of Sadqa-e-Fitr

The quantity of Sadqa-e-Fitr is half a Sa’a of wheat or it’s flour or instead of this half a Sa’a of it’s mixture with barley, or one Sa’a of dates or raisins or barley or it’s flour or instead of this one Sa’a of it’s mixture [Hidaya, Durr-e-Mukhtar, Alamgiri etc.}. Rule: It is better to give the flour of wheat or barley rather than the grains and it is better than that to give the monetary value, whether you give the value of wheat, barley or dates. However, during a price war or famine it is better to give the goods than money. If money is given for bad wheat then subsidise the rest of the money with the money of good wheat [Radd-ul-Mohtar].

The weight of a Sa ‘a

After great study and analysis it is suggested that the price at present (however, this can increase) two pounds and fifty pence (£2.50) The price of half a Sa’a is one pound and twenty five pence (£1.25). One Sa’a is four pounds and six and a half ounces (4lb, 6.5ozl and half a Sa’a is two pounds and three and a quarter ounces (2lb 3 25 ozi For the sake of ease it is better to give four and a half pounds of (4 5lb) barley or dates or two and a quarter pounds (2.25lb) of wheat for each person as Sadqa-e-Fitr.

Who should be given Sadqa-e-Fitr ?

The same people qualify for giving Sadqa-e-Fitr as those who qualify for giving Zakat to except for an Aamil An Aamil can be given Zakat but not Sadqa-e-Fitr [Durr-e-Mukhtar, Radd-ul-Mohtar].

QURBANI – (SACRIFICE)

Definition of Qurbani

Qurbani is a worship with goods and is Wajib upon every rich person. To sacrifice a specific animal on a specific day for the sake of Allah for the intention to gain reward is called a Qurbani. Qurbani is Wajib upon every Muslim who is not a traveller and is the owner of Nisaab and is a free person.

Who is Qurbani Wafib upon ?

Rule: Just as Qurbani is Wajib upon all males it is also Wajib upon all females [Durr-e-Mukhtar, etc]. Rule: Qurbani is not Wajib upon a traveller, however, if he wishes to perform it voluntarily, then he can do so and will gain reward [Durr-e-Mukhtar, etc]. The owner of Nisaab means to have as much goods in addition to the basic necessities an amount of two hundred Dirhams (approx. £300-£400) [Durr-e-Mukhtar, Alamgiri, etc.].
Rule: Whoever has two hundred Dirhams or twenty Dinars in addition to the basic necessities or is the owner of goods that equal to two hundred Dirhams etc. then according to Shariat that person is rich and Qurbani is Wajib upon them [Alamgiri etc.].

Time of Qurhani

The time of Qurbani is from the break of dawn of the 10th of Zil Hajj to sunset on the 12″1 of Zil Hajj, meaning three days and two nights. However, it is better to perform it in the morning of the 10″1, then 11th, then 12th.
Rule: If the Qurbani is performed in a city then the condition is that it is performed after the Eid Namaz and because there is no Eid Namaz in villages and outskirts then it can be performed after the break of dawn.
Rule: It is necessary to perform Qurbani at the time of Qurbani, therefore, if that much money or the same amount of goods to the value of an animal is given then the responsibility of Qurbani will not be fulfilled [Alamgiri etc.].
Rule: If the time of Qurbani has passed then a Qurbani can no longer be performed and if you had purchased an animal for Qurbani then give it as Sadqa or give the amount of money equivalent to the value of a goat as Sadqa [Darr-e-Mukhtar, Alamgiri, etc.]

Rules of Qurbani

Once the conditions of Qurbani are fulfilled (as mentioned above), then to sacrifice one goat or sheep or lamb or one seventh of a camel, cow, buffalo is Wajib and no less than this can be performed. If a person’s share of a large animal is less than one seventh then their share of the Qurbani will not count (meaning, if eight people are jointly sacrificing one large animal then only seven of these people’s Qurbani will count). If there are less than seven people jointly performing Qurbani and the parts divided are equal to at least one seventh per person then the Qurbani will count.
Rule: Every person that is jointly performing Qurbani have to make the htention that they are doing it to gain reward and not just to gain the meat and therefore a person wanting to perform an Aqueeqa can also join in as this is done to gain reward [Radd-ul-Mohtar].

Method of performing Qurbani

The animal that is going to be sacrificed should be fed and given water. The knife that is going to be used should be sharpened beforehand, but not in front of the animal. The animal should be laid on it’s left side with it’s face pointing towards the Qibla and the person slaughtering the animal should put their right foot on the animal and quickly slaughter the animal using a sharp knife. Before slaughtering the animal, this Dua should be prayed;

“Inni Wajjahto Waj’hiya Lillazi Fataras Samaawaat’e Wal’arda Hanifaw Wamaa Anaa Minal Mushrikeena, inna Salaati Wa Nusooki Wa Mah’Yaaya Wa Ma’maati Lillahi Rabbil Aalameen. Laa Shareeka Lahu Wa Bizaalika Umirtu Wa Anaa Minal Muslimeena Allahumma Laka Waminka Bismillahi Allahu Akbar”.

As soon as you finish praying the Dua, start cutting with the knife. If the Qurbani is from yourself then after slaughtering pray this Dua;

“Allahumma Taqabbal Minni Kamaa Taqabbalta Min Khaleelika Ibraheema Alaihis Salaam Wa Habeebika Muhammadin Sallalaho Alaihi Wasallam”

When slaughtering cut all four veins (in the throat) or at least three veins and so that the knife reaches the back of the throat and it should not be cut more than that as it would cause unnecessary pain for the animal. As soon as the animal goes cold then cut the feet and take off the skin. If you have slaughtered the animal on behalf of someone then at the point where you pray “Minni” pray “Min Falaa” (meaning their name). If the animal is bought jointly and there are more than one person involved in the partnership of the animal such as a cow, camel, buffalo etc. then all their names should be said in place of ‘Falaa’.
Rule: If someone else is performing the slaughter for you then it is better to be present.

Rules of meat and the skin

If the animal is bought jointly then the meat should be weighed and equally distributed. It should not be divided roughly because if it is divided un-equally then even if the person receiving less, forgives them it will not be forgiven as the right is as per Shariat [Radd-ul-Mohtar, Bahar]. Then split your share into three parts and give one third to the poor as Sadqa, one third to your relatives and one third for yourself and eat the meat yourself and give some to your wife and children. If you have a lot of children and a large family then you can keep all the meat for yourself and if you so wish you can give all of it to Sadqa, however, it is better to keep one part of yourself.
Rule: If you have performed a Qurbani on behalf of a deceased person then the rule of the meat is the same, however, if the deceased had requested for the Qurbani then give all the meat away as Sadqa.

Rule: If the Qurbani is from a deceased person then the meat cannot be eaten by yourself nor Can it be given to a rich person, but it is Wajib to give all the meat away as Sadqa [Bahar].
Rule: It is Mustahhab for the person performing the Qurbani to eat the Qurbani meat as the first food of the day [Barraur-Raiq].
Rule: The meat of the Qurbani should not be given to infidels.
Rule: The animal’s skin, reins, saddle etc. should all be given in Sadqa. You can use the skin for yourself and make something out of it e.g. a leather bag or a mat for praying Namaz on. However, you cannot sell the skin and use the money for yourself, if this is done then the money has to be given as Sadqa [Durr-e-Mukhtar, Radd-ul-Mohtar].

Rule: Nowadays people usually give the skins to Madressas, this is allowed and if you sell the skin with the intention to give the money to the Madressa then this is also allowed [Alamgiri, Bahar].
Rule: The meat of the Qurbani cannot be given to the person performing the Qurbani or skinning the animal as labour or salary. If however, you give it as a gift as you would do to friends then this is acceptable, but you cannot include it as a form of payment for his work [Hidaya etc.]. Rule: There are many places where the skin is given to the Imam. This should not be given as part of his salary but can be given as a gift or assistance [Bahar-e-Shariat].

Which animals can be used for Qurbani

Animals for Qurbani – Camel, cow, buffalo, goat, ewe (male or female), can all be used for Qurbani [Alamgiri].
Rule: Wild animals such as deer, white antelope, reindeer cannot be used to perform Qurbani. Rule:

Age of a Qurbani Animal

Rule: A camel must be at least five years old, a buffalo must be at least two years old and a sheep or lamb or goat at least a year old. If they are younger than this then the Qurbani will not count. However, if a lamb or a eunuch’s young is so big at six months that by looking at it from a distance it looks to be a year old then it can be used for Qurbani [Durr-e-Mukhtar].

What should a Qurbani Animal be like ?

Rule: A Qurbani animal should be big and healthy and should not have any faults. If there is a small fault with the animal then the Qurbani will count but is Makrooh and if there is a big fault then the Qurbani will not count [Durr-e-Mukhtar, Radd-ul-Mohtar. Alamgiri]. Rule: If a bull has no horns from birth then it is allowed and if the horns have been broken upto the root then it is not allowed to use it for Qurbani and if they are a little broken then it is allowed [Alamgiri, etc.]. Rule: A blind, lame, cross-eyed, mad, cut-ears, cut-tailed, toothless, cut-teats, dried teats, cut nosed, deaf from birth, a hermaphrodite (where an animal’s both sexual organ’s exist), an animal that only eats impurities then all of these animals cannot be used for Qurbani [Durr-e-Mukhtar, Bahar].

Rule: If the illness is small and the lameness is not that bad so that the animal can walk upto the slaughter-house or the ears, nose etc. are less than a third cut then the animal can be used for Qurbani [Durr-e-Mukhtar, Hidaya, Alamgiri].
Rule: If when performing the Qurbani the animal jumped and shook and due to this it became faulty then there is no harm [Durr-e-Mukhtar, Radd-ul-Mohtar].
Rule: If you performed a Qurbani and found that there is a live born inside then that should also be slaughtered and can be made use of, and if the young inside is dead then it should be thrown away [Bahar-e-Shariat].

Rule: If after purchasing and before the Qurbani the animal give birth then the new-born should also be slaughtered and if it is sold then the money should be given away as Sadqa and if it is not slaughtered before the Qurbani then give it away live as Sadqa [Alamgiri, Bahar].

NOTICE: Just look at our master and king the Holy Prophet Hazrat Muhammad Mustapha Sallallaho Alaihi Wasallam’s big heart and concern that he made a Qurbani on behalf of his Ummat and thought of us, therefore, if a Muslim can then they should perform an additional Qurbani on behalf of the Holy Prophet then it would be a very good and fortunate act [Bahar-e-Shariat].

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