Ramadan is the month of giving and benevolence, the Messenger
was more benevolent than a falling rain. Muslims are encouraged
to emulate the Messenger of Allah (saas), to assess and pay
their Zakaat during the month of Ramadan, thus combining the two
pillars of Islam at the same time.
Zakaat (alms) is the name of what a believer returns out of
his or her wealth to the neediest of Muslims for the sake of the
Almighty Allah. It is called Zakaat because the word Zakaat is
from Zakaa which means, to increase, purify and bless.
The Nisaab
will not be valid unless it fulfills
two conditions:
1) The amount that has reached Nisaab must be the excess or
surplus known as "faadil" from one's essential needs
such as food, clothing, housing, vehicles, tools and machinery
that is used in business. The essentials for living are exempted
from Zakaat.
Although what constitutes nisaab may change from one
country to another, the amount that is needed for the basic
needs of living in different countries is very similar, because
the market place determines the prices, whether it is an
official market or a non-official market. In the poorest
countries people do without or live below the poverty standard,
and that is why many go hungry or without basic essentials.
However, we must realize that Zakaat is an act of worship (ebadah)
like Salaat. The element of intention (niyyah) is
necessary, and we should not overly rely on state agencies to
determine for us the requirements of our religious duty. The so
called the "consumption basket" (that is poverty level as
determined the social security administration which are updated
every fiscal year) may not be the same as what Islam considers
minimum Nisaab.
In the industrialized countries, the consumption basket may
include items that are not necessarily essential, such as
entertainment, extra clothing, variety of food, eating in
restaurant or eating at home, owning more than one car as
opposed to having three cars in the driveway, drinking water as
opposed to juices, eating regular food or special "health" food.
This is why I believe it is essential that we do not lose site
of the fact that Zakaat is ebadah of wealth, like
salaat and fasting. Non Muslims may consider all the things
mentioned above as essentials while Muslims will not. Indeed, no
Muslims in good standing will attempt to hide behind the label
of consumption basket so as to evade Zakaat.
Nisaab eliminates the possibility of injustice or unfair
treatment of the Zakaat payer. To suggest that if we do not
follow the rules of International Monetary Fund or the arbitrary
figures of social security administration or department of
agriculture we will be doing injustice to the Zakaat payer is
ludicrous.
2) Nisaab must mature, that is the money is not liable for
Zakaat unless it has remained a full year in the possession of a
person. This is the understanding of the majority of the
scholars. Imam Abu Hanifah (raa) said: "What should be
considered is the existence of nisaab at the beginning and the
end of the Zakaat year set by the payer". It does not matter if
the nisaab money increases or decreases during the calendar
year, as we will explain later.
This condition does not include farm produce, for it is due
on the day it is harvested. Allah (SWT) stated: "... But render
the dues that are proper on the day that the harvest is
gathered..."
The nisaab is 612 kilos, which equals 1,346.40 lb.
There is no Zakaat on produce that is less than this amount. If
the farm produce or crops grow dependant on rainwater, or
without any man's labor or irrigation, Zakaat due is one-tenth
of the total. If it is grown by irrigation, then the Zakaat due
is half of one-tenth of the total produce. There is no Zakaat on
fruits like apples or oranges or vegetables which are perishable
and need refrigeration for long storage, but they should be
considered as any income if the profit earned from their sale
reaches the amount of Zakaat, then Zakaat should be given.
2. Cattle, including camels, cows, sheep and
goats, that are freely graze and are raised for trade and
production. For Zakaat to be obligatory, the number must reach
the nisaab. The nisaab of camels is five, of
cows 30, of sheep and goats, 40. By freely grazing is meant the
animal goes out to feed without the owner buying or bringing it
feed or hay. If it is not a grazing animal, there is no Zakaat
in the stock by itself. The stock will, however, be considered
as articles of trade, then will be assessed for Zakaat as
articles of trade when the profit earned from their sale reaches
the amount by itself or in combination with other articles of
the trade.
3. Merchandise and goods of trade and commerce.
This includes anything that is obtained for the business of
buying and selling: land, animals, food provisions, fabric,
cars, spare parts, etc. This inventory is evaluated annually and
assessed for Zakaat, whether the value is the same as the amount
spent on it, more, or less. The owners of grocery stores, like
any other business, must evaluate every item and give their
Zakaat. Simple bookkeeping of inventory, orders, cash on hand,
and credits, that is non-delinquent loans, will give one a good
picture of the zakaatable assets. But if one is unable to
account for everything in the store or shop, he should assess it
according to his ability until he is sure that his conscience is
clear.
There is no Zakaat on what is within one's dwelling or
property which includes food, drinks, furniture, houses,
animals, cars, clothes and shoes. The only exception is gold and
silver. There is no Zakaat on assets from rentals or lease,
whether they are apartment units, taxi cabs, etc. That is, there
is no Zakaat on the apartment units, buses or cars for rental
like yellow cabs company or trucks for rental or equipments. But
there is Zakaat on the proceeds or incomes from these rental
assets if these assets reach the executable amount, either by
themselves or in combination with other assets.
Business Activities
Many scholars are of the opinion that any business activity
that brings any return to the entrepreneur or investor should be
assessed for Zakaat. If the activity has a prescribed nisaab,
such as gold, silver or paper currency, that nisaab is
applied for Zakaat. But if the business has no declared
nisaab, its nisaab is the nisaab of
commerce, one reason being that most business activities are
considered as commerce and because, in actual fact, it is not
factitious business name, such as GM, Apple or GE that is taxed
for Zakaat, it is the individual investor. We do not tax
cooperations such IBM, Apple, GM or Rajihy Bank but the
individual investors, share holders and owners of these
corporations.
Indeed, there are enough rules in Zakaat books to cover all
types of business activity, be it cash or risk investment. If
the business activity is analogous to commerce, it should be
assessed the same rate as commerce. To subject the business to a
different Zakaat rate of 10%, which is the rate of farm products
instead of its correct rate of 2.5%, the rate of commerce, is
unfair and unjustified. Besides, there is no proof, even a weak
one, to justify this unfair arbitrary taxation. The difference
between 2.5% and 10% is high. The Zakaat system is not like a
state revenue collection, but Allah's `ebadah. However,
if a business person decides to give more than 2.5% after
deducting all the expenses including depreciation, Allah (SWT)
will accept it from him.
4. Gold and silver, whether used for
commerce or jewelry. Allah (SWT) states: "...And there are those
who bury gold and silver and spend it not in the way of Allah:
announce unto them a most grievous penalty. On the day when heat
will be produced out of that (wealth) in the fire of hell, and
with it will be branded their foreheads, their flanks and their
backs. This is the (treasure) which you buried for yourselves:
taste you, then, the (treasures) you buried." (Al-Qur`an, 9:
34-35). By hoarding is meant refusal to give it in the path
of Allah, which includes Zakaat.
In a hadith reported by Abu Hurairah (raa), the Messenger of
Allah (saas) said: "For the owner or possessor of gold and
silver who does not fulfill its obligation, on the Day of
Resurrection it will be cast into sheets of fire and be branded
on his forehead, side and back. Whenever it cools it is to be
repeated for him in a day whose length is the length of fifty
thousand years, until the judgement is rendered among the
people." (Muslim). By its obligation is meant assessing it for
Zakaat. In another version: "No possessor of a treasure who does
not give its Zakaat."
Zakaat is mandatory in gold and silver, irrespective of its
form: in coins, raw or nugget, or jewelry for wearing, or for
rent, because of the generality of evidence of Zakaat without
any detail. In a report by Abdullah bin `Amr bin `Aas (raa), he
related that a woman came to the Messenger of Allah with her
daughter. On the daughter's wrist were two heavy gold bracelets.
The Messenger asked her, "Do you pay Zakaat on this?" She
replied, "No." The Messenger said: "Would it please you that
Allah will encircle you with two bracelets of fire?" The
reporter commented that she took them off and threw them down in
front of the Messenger, and said: "They are for Allah and his
Messenger." (Ahmed, Tirmidhi).
The Messenger's wife reported that: "The Messenger entered
into my house and saw in my hand a huge ring made of silver, so
he asked, `What is this?' I replied, `I made them to beautify
myself for you, O Messenger of Allah.' He inquired, `Do you give
their Zakaat?' I said, `No,' or `Allah willing.' He said: `It
will suffice you in the hellfire.'" (Abu Dawuud).
Zakaat is due on gold when it reaches the amount of (nisaab),
which is 20 Dinaar. According to a hadith, the Messenger said:
"No Zakaat on you is due until it reaches 20 dinaar." (Abu Dawud)
The Islamic dinaar (currency) is one mithqal,
a unit of weight which weighs four and one quarter of a gram.
Thus, the nisaab is 85 grams. This is equal to $30.00
US dollars.
Similarly, there is no Zakaat on silver until it reaches five
oqiyah, because the Messenger said: "There is no Zakaat
on less then five oqiyah." (Muslim/Bukhari) Oqiyah is
equal to forty Islamic dirhams. The nisaab is 200
dirhams. One dirham is equivalent to 595 grams. The zakaatable
amount in both the gold and silver is a quarter of a tenth only.
Paper Currency
There is Zakaat on modern paper currency because it is
equivalent to silver. During the early days of Islam, silver and
gold were the currency of exchange minted into dirham
for silver and dinaar for gold. Silver, not gold, had a
larger circulation. Thus many scholars are of opinion that
silver should be the standard for the paper currencies of today
because that is more advantageous to the Zakaat payer, as it
raises the minimum nisaab whereas gold lowers it. Although both
metals are no longer circulated, they are still considered as a
security against ever fluctuating paper money.
Silver should be used as a standard to assess Zakaat
annually, not paper currency, even if the currency is hard
currency like the US dollar, Yen and Deutch Mark or Pound
Sterling. Because these currencies are backed by political
decisions that may not have anything to do with the economy, the
value and strength of this paper money depends largely on all
haram usury system of interest rates.
Thus, the Zakaat payer should look up in the local
newspaper's financial or business section for the price of
silver which is currently about $3.82. per ounce. The nisaab,
then, is 596 x .04=28.80 ounce multiplied by$3.82= 90.91.
therefore. The nisaab is about $100.00, as of December 17, 1991.
The nisaab should be based on the market value of
the currency. If the money is hard currency, there will be no
problem, but if the money is a non-marketable currency, like
most currencies in the third world countries, the nisaab should
be based on the black market, which realistically reflects the
value of the currency on the money market. In any case, the
silver rate should be used to assess the Zakaat.
If the nisaab is determined, the zakaatable amount
is 2.5%, or .025 multiplied by the amount. For instance, if the
zakaatable amount is $56,000.00 it will be 56,000. x .025 =
$1,400.00.
Zakaat is due on gold, silver, and or paper currency, whether
it is cash in hand or credit in the hands of borrowers. Zakaat
is due on debts or cost of merchandize or rental money. If the
borrower is a wealthy person that you know will pay back the
debt, the lender (that is Halaal lending free of usury) should
include that money in the assessment and give its Zakaat.
However, one can delay Zakaat on a loan until he receives
payment, then return its Zakaat for the past years that he was
unable to assess for Zakaat. If the borrower is poor or is
refusing to pay the debt, there will be no Zakaat on the money
until the lender receives the money. Then he will assess it for
Zakaat of one past due year, but there will be no Zakaat in the
years before that.
There is no Zakaat on precious stones such as diamonds, or
metals such uranium, regardless of their value. Gold and silver,
of course are assessed for Zakaat. However, if a person
possesses any of these stones or metals, he should give their
Zakaat like any other articles of trade. If a person possesses
diamonds or any other precious stones as an edge against
inflation or for ornaments, there will no Zakaat on these.
The Recipient Of Zakaat
Knowing who qualifies as recipient of Zakaat is an important
aspect of Zakaat collection in Islam. Fortunately, Allah (SWT)
has been merciful to us in that He Himself spelled out the
people eligible to receive Zakaat. In Surah Tawbah He stated:
"Alms are for the poor and the needy; and those employed to
administer (the funds); for those whose hearts have been
(recently) reconciled (to truth); for those in bondage and in
debt; in the cause of Allah; and for the wayfarer: (thus is it)
ordained by Allah, and Allah is full of knowledge and wisdom."
(Al-Qur`an, 9: 60) In this verse Allah enumerated the
people who deserve this divine welfare, and they are as follows:
The poor and the needy. These are
individuals, and those under their care, to live on. By the poor
and needy is meant the people whose income or salaries, or
whatever material goods they have, fall short of the cost of
living in a given environment and economy. The poor and the
needy should be given what will suffice them and their families
for one full year. The needy who want to get married and have no
means should be given enough for this purpose, and so, too, the
student who needs money for tuition, rent, food, and books. The
working poor should be given supplementary Zakaat. But the
wealthy, or any person with enough income to live on should not
be given Zakaat, even if they asked for it. Instead, they should
be warned and admonished for asking for what does not belong to
them.
In a hadith reported by Abdullah bin `Umar, the Messenger of
Allah (saas) stated: "A man keeps on asking others for something
till he comes on the day of Resurrection without any piece of
flesh on his face." (Bukhari/Muslim). This hadith indicates a
humiliating appearance before Allah (SWT) that awaits a person
who asks illegally.
Some said: this hadith implies Allah will punish a person
with the very limb, the face, that he used to impress on others
to give him their money unlawfully.
In another hadith reported by Abu Hurairah, the Messenger of
Allah said: "Whoever asks people for their money so as to get
rich, he is asking for flames of fire. It is up to him to ask
for more or less (he should beware)." (Muslim) This hadith
indicates the severity of the punishment, the more one asks the
more punishment, the less one asks the less the punishment.
In another hadith, reported by Hakeem bin Hizaam said: I
begged the Messenger of Allah and he gave me. I begged again,
and he gave me. I begged again and he gave me. He then said:
"This money is green and sweet; he who receives it from people
with a cheerful heart, Allah will bless him in it; he who
receives it, with an avaricious mind would not be blessed in it.
He will be like the person who eats without being satisfied; and
the upper hand is better than the lower hand" (Muslim)
This hadith gave an analogy between money and green, ripened
fruit that people love to eat. Thus, it indicates that both are
greatly loved but easily finished. For money that is easy come
easy go, one must be careful about the punishment that awaits
the illegal eater. If a person asks for Zakaat and there are no
signs of wealth, and he does not know that he should not ask, or
a person who is well and able, who can work, but does not; if
these people do not know that it is not permissible for them to
ask, it may be given anyway.
In a hadith reported by Ahmed, Abu Dawud, and Nasa'e, two men
came to the Messenger of Allah (saas) and asked for Zakaat. He
looked at them closely and found them strong and able, he said,
"If you want I will give you. But you should know that the
wealthy or an able person who can work has no share in Zakaat"
(Ahmad)
Those who administer the Zakaat department,
assigning people for collecting, bookkeeping, making lists of
people eligible for Zakaat, and a financial calendar. These
people will receive Zakaat as compensation for their work, even
if they are wealthy. This does not include a person who works as
an agent for one or two wealthy people to take Zakaat for
himself. They should donate their time for Zakaat disbursement
and do it with honesty and truthfulness. If they can not, they
should be paid or rewarded for their time. In a hadith related
by Abu Musa Al-Ashi`ari (raa), the Messenger of Allah said: "A
trustworthy Muslim executor is the one who executes completely
what has been entrusted to him of Zakaat money in good faith." (Bukhari)
That is, he will give the Zakaat money to any of the eligible
recipients of Zakaat. He should carry on the duty voluntarily,
but if he can not distribute the money without being paid, the
Zakaat payer should pay him for his work. The payment for the
service of distributing Zakaat should not come out of Zakaat
money.
The new converts to Islam whose hearts we
want to harmonize into the fold of Islam, either because their
faith is weak or we are afraid of their being harmed, should be
given Zakaat to strengthen their Iman or until we no longer fear
their harm.
The bonds person who has contracted with his
master to buy himself out of bondage deserve Zakaat and should
be given enough to pay off their debt to the master and be freed
themselves; similarly, Muslim prisoners of war if their freedom
is tied to monetary payment, deserve Zakaat sufficient enough to
secure their release.
On the other hand, if a pearson accidently killed someone and
have no means to pay off the blood money, he should be helped
from Zakaat funds.
The people in debt are of two kinds:
(A) The guarantor, who takes the responsibility of someone
else's debt so as to reconcile the two warring parties, to
extinguish the fire of fitnah between them. If the
person requests Zakaat money to pay off this debt he should be
given it, which will encourage him to continue in this noble
cause.
In a hadith reported by Qubaysah Al-Hilaaly (raa), he said I
was under debt (hamaalah) and I came to the Messenger (saas)
and begged him to help me pay it off. The Messenger told him:
"Wait until we receive charity, so we will command that it be
given to you." However, the Messenger stated: "O Qubaysah,
begging is not permitted except for one of three categories of
people:
A man who has incurred debt (as guarantor to reconcile blood
wit) for him begging is permissible till he pays that off, after
which he must stop it; a man whose property has been destroyed
by calamity which has smitten him; for him begging is
permissible till he gets what will support life or will provide
him reasonable subsistence; and a man who has been smitten by
poverty, the genuineness of which should be confirmed by three
knowledgeable members of his people; for him begging is
permissible till he gets what will support him, or will provide
him subsistence. Besides these three, Qubaysah, begging is
forbidden for every other persons, and one who engages in such
consumes that which is forbidden." (Muslim)
(B) Whoever incurs debt and has no money to pay it back will
be given from Zakaat to help pay his debt, whether the amount is
large or small; or his creditor should be paid directly on his
behalf, so long as it is paid off.
Zakaat can be given in the path of Allah. By
this is meant to finance a Jihad effort in the path of
Allah, not for Jihad for other reasons. The fighter (mujahid)
will be given as salary what will be enough for him. If he needs
to buy arms or some other supplies related to the war effort,
Zakaat money should be used provided the effort is to raise the
banner of Islam.
The wayfarer. This is the traveller who in a
strange land runs out of money. He or she deserves Zakaat,
enough money to take him back to his country, even if he is
wealthy and can find someone to loan him the money. On his part,
he should take with him on his trip sufficient money, if he is
wealthy, so that he will not need Zakaat. Zakaat money can not
be used to pay off other obligations, such as giving Zakaat
money to people you are obligated to take care of by law; or
Zakaat money can not be used to pay for hotel and food expenses.
It is, however, permissible to give Zakaat to a wife or
family member, provided it is not part of their daily living
expense money, but is needed to pay off a debt for one's wife if
she can not pay it. So is the case for one's parents if they can
not pay their debt.
Zakaat money may be given to members of the family for their
expenses if one is not obligated to take care of them
financially. The wife can pay off a debt of her husband with
Zakaat money, because he may be among the eight eligible
recipients and she is not obligated to spend on him as he is on
her.
The eight eligible recipients of Zakaat can be denied their
right to Zakaat without proof from Al-Qur`an or Sunnah. In a
hadith reported by Ibn Mas`ud, his wife Zaynab heard the
Messenger of Allah order women to give Zakaat, so she asked the
Messenger (saas): " O Messenger of Allah, you commanded us to
give Zakaat, and I have jewelry that I wanted to assess for
Zakaat, but my husband Abdullah bin Mas`ud claimed that his son
deserves it more than anyone." The Messenger replied: Your
husband Ibn Mas`ud is right. Your son deserves your charity more
than anyone." In another hadith reported by Salman bin `Aamir,
he said the Messenger of Allah said: " Charity to the poor is
only charity, but charity to the rest of kind is charity and
maintenance of relations (sillah)." (Nisaee)
No loan should be written off as Zakaat because Zakaat is
taken and given. Allah (SWT) said: "Of their goods take
alms...." (Al-Qur`an, 9: 103) And in a Hadith the
Messenger has been reported as saying: "Allah has mandated on
you Zakaat to be taken from the wealthy and to be given
to the poor." Thus, writing off debt is not taken. For instance,
If you loan a person money, you can not write off that loan as a
Zakaat. However, it could be written off as sadaqah charity.
Furthermore, loan, delinquent or not, is considered an absent
money, therefore, it should not be transacted in Zakaat. for
Zakaat is assessed only in cash in hand. Besides, debt money is
valued less than cash in the hand, and using that money for alms
is like exchanging good money for bad.
The assessor of alms should try to give his Zakaat to an
eligible person, but if he makes a mistake and gives it to an
ineligible person it is accepted. In a hadith related by Abu
Hurairah, he said the Messenger said:
"A man expressed his intention to give charity, so he came
with his charity and placed it in the hand of an adulteress. In
the morning the people were talking and saying charity was given
to an adulteress last night. The donor said: O Allah, to thee be
the Praise - charity to an adulteress! He then again expressed
his intention to give charity, so he went out with it and placed
it in the hand of a rich person. In the morning the people were
talking and saying charity was given to a rich person. The donor
said, O Allah to You be the praise - charity to a rich man! He
then expressed his intention to give charity, so he went out
with his charity and placed it in the hand of a thief. In the
morning the people were talking and saying charity to the thief.
So the man said, O Allah to You be the praise (what a misfortune
that charity has been given) to the adulteress, the rich and the
thief! Then someone came to him and told him your charity has
been accepted. As for the adulteress the charity might become
the means whereby she might restrain from fornication. The rich
man might perhaps learn a lesson and spend from what Allah has
given him, and the thief might thereby restrain from committing
theft. (Muslim/ Bukhari)