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Dr. Ibrahim DremaliDr. Ibrahim DremaliAmerican Open UniversityAmerican Open University

الله بسمالرحيم الرحمن

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Az-Zakah Az-Zakah (Almsgiving) (Almsgiving)

Part 1Part 1

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ObjectiveObjectiveBy the end of this presentation, By the end of this presentation,

Insha AllahInsha Allah, you are expected to , you are expected to know:know:

The definition of Az-Zakah; The definition of Az-Zakah; Obligations of Zakah;Obligations of Zakah;

Punishments of not paying Zakah;Punishments of not paying Zakah; What constitutes the Nisab;What constitutes the Nisab; The Zakah of various types of people;The Zakah of various types of people; When Zakah is due. When Zakah is due.

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Definition of Az-Definition of Az-ZakahZakah

The word The word Az-Zakah Az-Zakah means:means:

to increase, to purify, to bless.to increase, to purify, to bless.

As a technical termAs a technical term,,

Az-Zakah can be defined as the portion of a Az-Zakah can be defined as the portion of a man’s wealth designated for the poor. man’s wealth designated for the poor.

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Obligation of Zakah in Obligation of Zakah in the Qur’an and Sunnahthe Qur’an and Sunnah

"And the believers, men and women, are "And the believers, men and women, are protecting friends of one another; they protecting friends of one another; they enjoin the right and forbid the wrong, enjoin the right and forbid the wrong, they perform prayer and pay the zakah, they perform prayer and pay the zakah, and they obey Allah and His Messenger. and they obey Allah and His Messenger. Upon them, Allah will have mercy" Upon them, Allah will have mercy" [Surah At-Taubah 71].[Surah At-Taubah 71].

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Obligation of Zakah in the Obligation of Zakah in the Qur’an and SunnahQur’an and Sunnah

Jabir ibn 'Abdullah reported: "I Jabir ibn 'Abdullah reported: "I gave my allegience to the gave my allegience to the Messenger of Allah, upon whom Messenger of Allah, upon whom be peace, that I will establish be peace, that I will establish salah (prayers) and zakah, and I salah (prayers) and zakah, and I will give advice to every Muslim." will give advice to every Muslim." [Bukhari and Muslim][Bukhari and Muslim]

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Anas said: "A man from the tribe of Tameem came to Anas said: "A man from the tribe of Tameem came to the Messenger of Allah, upon whom be peace, and the Messenger of Allah, upon whom be peace, and said: 'O Messenger of Allah! I have plenty of property, said: 'O Messenger of Allah! I have plenty of property, a large family, a great deal of money, and I am a a large family, a great deal of money, and I am a gracious host to my guests. Tell me how to conduct gracious host to my guests. Tell me how to conduct my life and how to spend.' The Messenger of Allah, my life and how to spend.' The Messenger of Allah, upon whom be peace, replied: 'Pay zakah out of your upon whom be peace, replied: 'Pay zakah out of your property, for truly it is a purifier which purifies you, property, for truly it is a purifier which purifies you, and be kind to your relatives, and acknowledge the and be kind to your relatives, and acknowledge the rights of the poor, neighbors, and beggars'." rights of the poor, neighbors, and beggars'." [Ahmad][Ahmad]

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Who is obliged to pay Who is obliged to pay the Zakah?the Zakah?

Zakah must be paid by every Muslim who Zakah must be paid by every Muslim who has a has a nisab,nisab, which is the minimum of which is the minimum of one's holdings liable to zakah. one's holdings liable to zakah.

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The nisab is conditioned by The nisab is conditioned by the following:the following:

(1) Zakah should be paid on (1) Zakah should be paid on any amount of money any amount of money remaining after meeting the remaining after meeting the expenses for such necessities expenses for such necessities as food, clothes, housing, as food, clothes, housing, vehicles and craft machines. vehicles and craft machines.

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The Nisab is conditioned by The Nisab is conditioned by the following:the following:

(2) A complete year of Islamic (2) A complete year of Islamic calendar should pass, starting from calendar should pass, starting from the very day of the nisab's the very day of the nisab's possession, without any decrease possession, without any decrease during the year. In case of its during the year. In case of its decrease (being less than nisab), the decrease (being less than nisab), the year count (hawl;) starts from the year count (hawl;) starts from the day of the nisab completion.day of the nisab completion.

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According to the Maliki & According to the Maliki & Hanbali Madhab, Hanbali Madhab,

The amount of property liable for The amount of property liable for payment of zakah, such as gold, silver, or payment of zakah, such as gold, silver, or cattle, is tied to the completion of nisab cattle, is tied to the completion of nisab through the turn of a whole year. If the nisab through the turn of a whole year. If the nisab decreases in any time of the year, [the decreases in any time of the year, [the counting of] the year discontinues. Later, if counting of] the year discontinues. Later, if the nisab is completed, the year count is the nisab is completed, the year count is resumed from the time of its completion." resumed from the time of its completion."

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According to According to Hanafi Hanafi Madhab, Madhab, WWhat matters is the hat matters is the availability of nisab at the beginning and end of availability of nisab at the beginning and end of the year. Its decrease at any time in between the year. Its decrease at any time in between does not matter, even though the zakah payer does not matter, even though the zakah payer had two hundred dirhams and he lost all but one had two hundred dirhams and he lost all but one dirham during the year, or if he had forty sheep, dirham during the year, or if he had forty sheep, all of which died except for one during the year. all of which died except for one during the year. If, at the end of the year, he had two hundred If, at the end of the year, he had two hundred dirhams, or forty sheep, then he must pay zakah dirhams, or forty sheep, then he must pay zakah on all of that. This condition is not applicable to on all of that. This condition is not applicable to the zakah of plantations and fruits, for their the zakah of plantations and fruits, for their zakah should be paid on the harvest day. Allah, zakah should be paid on the harvest day. Allah, the Exalted One, says: “And pay the due thereof the Exalted One, says: “And pay the due thereof upon the harvest day' upon the harvest day' [al-A'raf 142]."[al-A'raf 142]."

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Punishment for delinquents of Punishment for delinquents of ZakahZakah

"O you who believe! Most surely many of the "O you who believe! Most surely many of the doctors of law and the monks eat away the doctors of law and the monks eat away the property of men falsely and turn them from property of men falsely and turn them from Allah's way; and as for those who hoard Allah's way; and as for those who hoard treasures of gold and silver and do not spend treasures of gold and silver and do not spend them for the sake of Allah--warn them of them for the sake of Allah--warn them of grievous sufferings [in the life to come]. On the grievous sufferings [in the life to come]. On the Day when that [hoarded wealth] shall be heated Day when that [hoarded wealth] shall be heated in the Fires of Hell and their foreheads and their in the Fires of Hell and their foreheads and their sides and their backs branded with it, [it will be sides and their backs branded with it, [it will be said to them:] 'These are the treasures which said to them:] 'These are the treasures which you have hoarded for yourselves. Now taste of you have hoarded for yourselves. Now taste of what you used to accumulate!' what you used to accumulate!' [at-Taubah [at-Taubah 34-35].34-35].

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"No owner of a treasure who does "No owner of a treasure who does not pay zakah will be spared, for not pay zakah will be spared, for his treasure will be heated in the his treasure will be heated in the Fires of Hell and then made into Fires of Hell and then made into plates. His flanks and his forehead plates. His flanks and his forehead will be branded with them until will be branded with them until Allah pronounces judgment on His Allah pronounces judgment on His servants during a day lasting fifty servants during a day lasting fifty thousand years. thousand years. [Bukhari, Muslim, Ahmad][Bukhari, Muslim, Ahmad]

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""Whoever is made wealthy by Allah Whoever is made wealthy by Allah and does not pay zakah on his wealth, and does not pay zakah on his wealth, on the Day of Judgment it will become on the Day of Judgment it will become a bald-headed, poisonous, male snake a bald-headed, poisonous, male snake with two black spots over his eyes. with two black spots over his eyes. The snake, on the Day of Judgment, The snake, on the Day of Judgment, will encircle his neck, and bite his will encircle his neck, and bite his cheeks and say: 'I am your treasure, I cheeks and say: 'I am your treasure, I am your wealth.' " Then he [the am your wealth.' " Then he [the Prophet] recited this 'ayah: " 'And let Prophet] recited this 'ayah: " 'And let not those who hoard up that which not those who hoard up that which Allah has bestowed upon them of his Allah has bestowed upon them of his bounty...' [al'Imran 180]."bounty...' [al'Imran 180]." [Bukhari, Muslim]

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Zakah is one of the Zakah is one of the essential requirements of essential requirements of IslamIslam

If somebody disputed its obligation, If somebody disputed its obligation, he would be outside of Islam. he would be outside of Islam.

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Zakah is one of the Zakah is one of the essential requirements of essential requirements of

IslamIslam

As for the one who refrains from As for the one who refrains from paying it without denying its paying it without denying its obligation, he would be guilty of obligation, he would be guilty of committing a sin. Yet, this act committing a sin. Yet, this act does not place him outside of does not place him outside of Islam.Islam.

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Abu Hurairah is reported to have said: "When Allah's Abu Hurairah is reported to have said: "When Allah's Messenger, upon whom be peace, died and Abu Bakr Messenger, upon whom be peace, died and Abu Bakr succeeded him as caliph, some Arabs apostasized, succeeded him as caliph, some Arabs apostasized, causing Abu Bakr to declare war upon them. 'Umar said causing Abu Bakr to declare war upon them. 'Umar said to him: 'Why must you fight these men?', especially to him: 'Why must you fight these men?', especially when there is a ruling of the Prophet, upon whom be when there is a ruling of the Prophet, upon whom be peace: 'I have been called to fight men until they say peace: 'I have been called to fight men until they say that none has the right to be worshipped but Allah, and that none has the right to be worshipped but Allah, and whoever said it has saved his life and property from me whoever said it has saved his life and property from me except when a right is due in them, and his account will except when a right is due in them, and his account will be with Allah.' Abu Bakr replied: 'By Allah! I will fight be with Allah.' Abu Bakr replied: 'By Allah! I will fight those who differentiate between salah and zakah those who differentiate between salah and zakah because zakah is the due on property. By Allah! If they because zakah is the due on property. By Allah! If they withheld even a young she-goat ( 'anaq) that they used withheld even a young she-goat ( 'anaq) that they used to pay at the time of Allah's Messenger, upon whom be to pay at the time of Allah's Messenger, upon whom be peace, I would fight them.' Then 'Umar said: 'By Allah! It peace, I would fight them.' Then 'Umar said: 'By Allah! It was He who gave Abu Bakr the true knowledge to fight, was He who gave Abu Bakr the true knowledge to fight, and later I came to know that he was right.' "and later I came to know that he was right.' "

[Get from where][Get from where]

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Zakah on the Holdings of Zakah on the Holdings of Infants and Mentally Infants and Mentally Retarded PeopleRetarded People The guardian of a child or of a mentally retarded The guardian of a child or of a mentally retarded

person must pay zakah on his behalf from his person must pay zakah on his behalf from his property if it constitutes a nisab. property if it constitutes a nisab.

The Messenger of Allah, upon whom be peace, The Messenger of Allah, upon whom be peace, said: "One who becomes the guardian of an said: "One who becomes the guardian of an orphan with property must trade on his behalf orphan with property must trade on his behalf and not leave it passive in order to avoid and not leave it passive in order to avoid depletion of the property by sadaqah."depletion of the property by sadaqah."

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The Insolvent DebtorThe Insolvent Debtor Whoever has property must pay its proper Whoever has property must pay its proper

zakah. If the property is indebted, he may first zakah. If the property is indebted, he may first pay off his debt, then in case the remainder is pay off his debt, then in case the remainder is enough to constitute a nisab, he must pay enough to constitute a nisab, he must pay zakah. If he does not hold the nisab, he does not zakah. If he does not hold the nisab, he does not have to pay it since he is poor. have to pay it since he is poor.

The Messenger of Allah, upon whom be peace, The Messenger of Allah, upon whom be peace, said: "Only the wealthy are required to give said: "Only the wealthy are required to give charity." charity." [Ahmad and Bukhari][Ahmad and Bukhari]

The Prophet also said: "Zakah is levied on the The Prophet also said: "Zakah is levied on the rich and paid to the poor." It is all the same, rich and paid to the poor." It is all the same, whether he is indebted to Allah or to man, whether he is indebted to Allah or to man, because one hadith states: "Allah's debt is more because one hadith states: "Allah's debt is more deserving of fulfillment."deserving of fulfillment."

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Zakah owned by a deceased Zakah owned by a deceased personperson

If a person dies before he pays zakah, then If a person dies before he pays zakah, then it must be taken from his estate. it must be taken from his estate.

According to ash-Shaf'i, Ahmad, Ishaq, and According to ash-Shaf'i, Ahmad, Ishaq, and Abu Thaur, it is obligatory that zakah be paid Abu Thaur, it is obligatory that zakah be paid from the property of the deceased, and this from the property of the deceased, and this payment receives preference over debt, payment receives preference over debt, legacy, and inheritance for Allah says: "... legacy, and inheritance for Allah says: "... after payment of legacies and debts is what after payment of legacies and debts is what you leave .." you leave .." [[an-Nisa' 12].an-Nisa' 12]. Zakah is a debt Zakah is a debt payable to Allah. payable to Allah.

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A man came to the Messenger of A man came to the Messenger of Allah, upon whom be peace, and Allah, upon whom be peace, and said: "My mother died while she said: "My mother died while she still had to make up one month still had to make up one month of fasting. Shall I make it up for of fasting. Shall I make it up for her?" The Prophet replied: "If her?" The Prophet replied: "If there was any debt upon your there was any debt upon your mother, would you pay it off for mother, would you pay it off for her?" The man answered: "Yes." her?" The man answered: "Yes." The Prophet then observed: "A The Prophet then observed: "A debt to Allah is more deserving debt to Allah is more deserving to be paid off." to be paid off." [Bukhari and Muslim][Bukhari and Muslim]

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The Niyyah (Intention)The Niyyah (Intention)

The zakah payer should pay it for the The zakah payer should pay it for the sake of Allah; he should make up his sake of Allah; he should make up his mind, with all of his heart, that zakah is mind, with all of his heart, that zakah is an obligation to be discharged. Allah an obligation to be discharged. Allah says: "And they are commanded no more says: "And they are commanded no more than this: to worship Allah, sincere in than this: to worship Allah, sincere in their faith in Him alone" their faith in Him alone" [al-[al-Bayyinah 5]. Bayyinah 5].

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Malik and ash-Shaf'i say that the intention is Malik and ash-Shaf'i say that the intention is to be made at the time of rendering zakah. to be made at the time of rendering zakah.

Abu Hanifah holds that the intention must be Abu Hanifah holds that the intention must be present at the time of payment or when present at the time of payment or when zakah is being set aside from one's assets. zakah is being set aside from one's assets.

Ahmad's view is that it is permissible to Ahmad's view is that it is permissible to express the niyyah a little earlier before express the niyyah a little earlier before payment. payment.

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Payment of Zakah in Due Payment of Zakah in Due TimeTime

Zakah must be paid immediately Zakah must be paid immediately at its due time. Deferring payment at its due time. Deferring payment of zakah is prohibited, unless the of zakah is prohibited, unless the payer for some valid reason cannot payer for some valid reason cannot pay it on time. In such a case, he pay it on time. In such a case, he may wait until he is able to pay it. may wait until he is able to pay it.

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It is related by AhmadIt is related by Ahmad and al-Bukhari that 'Uqbah ibn and al-Bukhari that 'Uqbah ibn al-Harith said: "Once I performed the 'asr prayer with al-Harith said: "Once I performed the 'asr prayer with the Prophet, upon whom be peace. When he the Prophet, upon whom be peace. When he

concluded the prayer, he hurriedlyconcluded the prayer, he hurriedly went to his house went to his house and returned immediately. Noticing the amazed faces, and returned immediately. Noticing the amazed faces, he said: 'I left at home a piece of gold which was he said: 'I left at home a piece of gold which was meant for sadaqah, and I did not want to let it remain meant for sadaqah, and I did not want to let it remain a night in my house, so I ordered it to be distributed.'" a night in my house, so I ordered it to be distributed.'"

Ash-Shaf'i and al-Bukhari relate from 'Aishah that the Ash-Shaf'i and al-Bukhari relate from 'Aishah that the Prophet, upon whom be peace, said: "Whenever Prophet, upon whom be peace, said: "Whenever sadaqah which is payable is mixed with a property, it sadaqah which is payable is mixed with a property, it will destroy that property." The same hadith is related will destroy that property." The same hadith is related by al-Humaydi with this addition: "If you have to pay by al-Humaydi with this addition: "If you have to pay sadaqah which is payable, then it must be set aside, sadaqah which is payable, then it must be set aside, or the unlawful [property] will destroy the lawful one."or the unlawful [property] will destroy the lawful one."

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Paying Zakah in Paying Zakah in AdvanceAdvance It is permissible for zakah to be paid for even It is permissible for zakah to be paid for even

two years in advance. two years in advance.

Al-Hasan was once asked if a man who had Al-Hasan was once asked if a man who had paid his zakah for three years in advance paid his zakah for three years in advance fulfilled his obligation. Al-Hasan answered in fulfilled his obligation. Al-Hasan answered in the affirmative. Of this view, ash-Shaukani the affirmative. Of this view, ash-Shaukani said: "This was the view of ash-Shaf'i, said: "This was the view of ash-Shaf'i, Ahmad, and Abu Hanifah. Ahmad, and Abu Hanifah.

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Invoking Blessing for the Zakah Invoking Blessing for the Zakah

PayerPayer It is desirable to invoke blessing for the zakah It is desirable to invoke blessing for the zakah

payer at the time of its payment, for Allah says: payer at the time of its payment, for Allah says: "Take alms of their property that you may purify "Take alms of their property that you may purify and sanctify them and pray for them. Verily, your and sanctify them and pray for them. Verily, your prayers are a comfort for them" prayers are a comfort for them" [at-Taubah 103]. [at-Taubah 103].

It is related from 'Abdullah ibn Abu Awfa that the It is related from 'Abdullah ibn Abu Awfa that the Messenger of Allah, upon whom be peace, on Messenger of Allah, upon whom be peace, on receiving sadaqah would say: "O Allah, bless the receiving sadaqah would say: "O Allah, bless the family of Abu Aufa." family of Abu Aufa." [Ahmad and others] [Ahmad and others]

Wa'il ibn Hajr reported that the Prophet, upon Wa'il ibn Hajr reported that the Prophet, upon whom be peace, prayed for a man who had offered whom be peace, prayed for a man who had offered a fine she-camel in his zakah payment: "May Allah a fine she-camel in his zakah payment: "May Allah bless him and make his camels beneficial to him." bless him and make his camels beneficial to him." [ [ an-Nasa'i]an-Nasa'i]

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The EndThe EndQuestions?Questions?

Jazakum Allah KhayranJazakum Allah KhayranAnd May Allah Increase Our Knowledge And May Allah Increase Our Knowledge

AmeenAmeen