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Subject Notes on Fiqh of Zakah

Teacher Taught by Shaykh Sajid Umar (Hafidhahullah)

University Notes taken from Knowledge International University classes


Course Plan 4 Live Sessions (2 hours each) and 1 session (30 minutes)
Version 1.0 Last updated Date: 1-Sep-2013
Feedback Concerns/suggestions to er.umarshariff@gmail.com

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TABLE OF CONTENTS
CHAPTER 1: INTRODUCTION .....................................................................................................................4
ABOUT THE BOOK..................................................................................................................................................... 4
Umdatul Fiqh ..................................................................................................................................................... 4
His other books .................................................................................................................................................. 4
ABOUT THE AUTHOR - IBN QUDAMAH (RAH) ............................................................................................................. 4
CHAPTER 2: THE BOOK OF ZAKAH ............................................................................................................5
MEANING OF ZAKAH ................................................................................................................................................. 5
Linguistic ........................................................................................................................................................... 5
Technical ........................................................................................................................................................... 5
WAJIB (MUST BE PAID) ............................................................................................................................................. 5
It is mentioned 3 times individually.................................................................................................................. 5
Importance of Zakah ......................................................................................................................................... 5
WISDOMS OF ZAKAH ................................................................................................................................................. 6
Did Zakah exist before us? ................................................................................................................................. 6
Zakah vs Sadaqah .............................................................................................................................................. 6
Implications before implementing Zakah .......................................................................................................... 7
Understand Zakah ............................................................................................................................................. 7
Punishments for abandoning Zakah .................................................................................................................. 7
EVERY FREE MUSLIM................................................................................................................................................ 7
Categories of People who refuses Zakah .......................................................................................................... 7
Slaves are exempted from obligation of Zakah ................................................................................................ 8
Disbelievers are exempted ................................................................................................................................ 8
COMPLETE OWNERSHIP ............................................................................................................................................... 8
MUST HAVE REACHED THE NISAAB ................................................................................................................................. 8
HAWL ....................................................................................................................................................................... 9
Exceptions .......................................................................................................................................................... 9
ZAKATABLE WEALTH ................................................................................................................................................. 10
#1 Free-grazing, domesticated livestock ......................................................................................................... 10
Exceptions ........................................................................................................................................................................................ 10
#2 What is produced or extracted from the land ............................................................................................. 10
#3 Silver and Gold (As-Simaan) ........................................................................................................................ 11
#4 Merchandise prepared for Sale (Amwal Al-Urud) ....................................................................................... 11
ZAKAT THRESHOLD ................................................................................................................................................... 11
CHAPTER 3: ZAKAH ON FREE GRAZING LIVESTOCK ........................................................................................ 12
CAMELS .................................................................................................................................................................. 12
Examples .......................................................................................................................................................... 12
Masalatu Ishreena dirham ............................................................................................................................... 12
COWS .................................................................................................................................................................... 13
Examples .......................................................................................................................................................... 13

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GOATS & SHEEP ..................................................................................................................................................... 13
Example ............................................................................................................................................................ 13
What cannot be given as Zakah? ..................................................................................................................... 13
SOME GENERAL RULINGS ON ZAKAH ON LIVESTOCK ................................................................................................. 14
Joint ownership ................................................................................................................................................ 15
CHAPTER 4: ZAKAH ON THAT WHICH COMES OUT OF THE EARTH .................................................................. 16
PLANTS ................................................................................................................................................................... 16
Characteristics of Zakatable plants .................................................................................................................. 16
Farmer’s effort vs. Natural irrigation ............................................................................................................... 16
When and how to give Zakah?......................................................................................................................... 17
METALS .................................................................................................................................................................. 17
CHAPTER 5: ZAKAH OF CURRENCY ................................................................................................................ 19
TYPES OF ZAKATABLE CURRENCY ................................................................................................................................. 19
NISAB AND ZAKAH ................................................................................................................................................... 19
PURITY OF GOLD/SILVER............................................................................................................................................ 19
JEWELRY FOR PERSONAL USE AND LENDING................................................................................................................... 20
Is it allowed to rent out Gold and Silver? ......................................................................................................... 20
CHAPTER 6: ZAKAH OF DEBT......................................................................................................................... 21
IS ZAKAH APPLICABLE ON DEBT? .................................................................................................................................. 21
NON RECOVERABLE DEBT/BRIDAL GIFT ........................................................................................................................ 21
DEBTORS................................................................................................................................................................. 22
CHAPTER 7: ZAKAH ON MERCHANDISE ......................................................................................................... 23
NISAB OF MERCHANDISE ........................................................................................................................................... 23
Example ............................................................................................................................................................ 23
BETWEEN PERSONAL USE AND MERCHANDISE ............................................................................................................... 23

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Chapter 1: Introduction

About the Book

Umdatul Fiqh
o Written by Ibn Qudamah, Hanbali Scholar
o Testimony to his fiqh and understanding
o It is one of the simplest of books of Ibn Qudamah made especially for beginners
o Author was selective in his ruling and many rulings found in other books wont be available here to
make it easier for the beginner
o No comparative Fiqh

His other books


o Al Mukni – Two opinions of Hanabali madhab are presented
o Al Kafi – It has Several views of Madhab along with evidences
o Al Mughnee – It is a book on Compartive Fiqh. This is a fiqh encyclopedia

About the Author - Ibn Qudamah (rah)


o Title: Shaykh ul Islam, Muwaffaq ad Deen
o Kunya: Abu Muhammad
o Born on 541 AH at Palastine
o He was brought up in Shaam due to crusaders
o He migrated to Damascus when he was 10 years old
o His father was also a great scholar
o He migrated to Baghdad, Iraq when he was 20 years old
o He studied with great Scholar Abdul Qadhir Jeelani
o He passed away 620 AH on the day of Eid al Fitr which was Saturday

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Chapter 2: The Book of Zakah

It is called as book though it is part of the book, is because there are several chapter on Zakah

Zakâh must be paid by every free Muslim who has complete


ownership of the nisâb.

Meaning of Zakah

Linguistic
1. Purity (Taharaah) - Qad Aflah man Zakaaha (Qur’aan 91:9)
2. To grow/increment

Technical
o Worship of Allah through specific rites on specific wealth through specific way in specific time
o Specific is mentioned because it has to meet several conditions to apply to certain individual

Wajib (must be paid)


o It has to be done whether we agree it to be beneficial or not
o When Allaah says Aqimu, it means command and obligation
o Zakah is mentioned 30 times in Qur’aan
o Abu Bakr said “Zakah is the companion of Salah”
o It is linked to Salah 27 times

It is mentioned 3 times individually


o Qur’aan 7:156  “So I will decree it [especially] for those who fear Me and give zakah and those who
believe in Our verses”
o Qur’aan 30:39  “But what you give in zakah, desiring the countenance of Allah - those are the
multipliers.”
o This verse was revealed in Makkah during advent of Islam denoting general obligation
o Qur’aan 41:7  “Those who do not give zakah, and in the Hereafter they are disbelievers.”

Importance of Zakah
o Zakah is the characteristic of the believer
o Zakah is one of the pillars of Islam
o Prophet specified clearly about Zakah on different categories where Zakah applies showing the
importance of Zakah

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o Hadeeth of Mu’adh to Yemen  “Once they accept Islam, Salah, they have to give charity (zakah) to
poor”
o In Prophet’s Bayyah, he included Zakah
o Prophet would send collectors of Zakah which shows obligation so it is not a voluntary wealth
o Even the authors of Fiqh discussed Zakah after Salah

Wisdoms of Zakah
1. It purifies us and purifies our wealth
o Purification of wealth means our conduct with our wealth

2. More we are attached to the matters of Dunya, we are less attached to the hereafter and vice versa
3. It is sign of our Eemaan
4. Zakah is a means for unity
o Through Salah, Allah bring both rich and poor in one line 5 times a day
o Through Zakah, Allaah connects Rich with the poor
o Through fasting, we remember the poor
o Through Zakat al Fitr, We remember the poor
o Through Hajj, Allaah brings international community of Rich and poor in one place

5. Zakah is an elevetion from difficulty


6. Zakah helps creating formidable economical structure

Did Zakah exist before us?


o Zakah is not particular to this Ummah
o Allaah decreed Zakah:
o On Ibrahim (Qur’aan 21:73)
o On Ismail (Qur’aan 19:54-55)
o On Banu Israa’el (Qur’aan 2:283 | 5:12)
o On Ahlul Kitaab (Qur’aan 98:5)

Zakah vs Sadaqah
o Both are used synonymously
o In Qur’aan, it comes as 5 times as Sadaqah and 8 times as Sadaqaat (plural)
o It means feeding the poor or expiation
o During Qur’aanic era, Sadaqh meant obligatory charity
o Now, Sadaqah means voluntary charity and Zakah means obligatory charity
o Allaah commanded to take Zakah by using the word Sadaqah in Surah Taubah

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o “Take, [O, Muhammad], from their wealth a charity by which you purify them and cause them
increase, and invoke [ Allah 's blessings] upon them.”(Qur’aan 9:103)

Implications before implementing Zakah


o First Pillar: Ikhlaas (doing things for the sake of Allaah)
o Second Pillar: Sunnah

Understand Zakah
o When it is said “It must be paid”, it is the right of the impoverished. Understand, You are in need of
them not they are in need of you
o Zakah is means of building our Jannah.
o If there is nobody who is poor then we cannot practise Zakah. When Allah is keeping their money as
Zakah in bank accounts, it is to test you
o Amount is specified and not open for negotiation
o If a person is not living in an islamic country, then it is on the shoulders of individuals

Punishments for abandoning Zakah


o Hell fire
“[And asking them], "What put you into Saqar?"
They will say, "We were not of those who prayed,
Nor did we used to feed the poor.” (Qur’aan 74: 42-45)

o Zakah in makkan period is different from Zakah in Madeenan period


o In makkan period it was not detailed. Allaah praised those who gave Zakah
o In Madeen period, it become compulsory in 2 AH (after fasting became compulsory) or 5
AH

o Rain will be withheld


o Hadeeth of Abdullah ibn Umar

Every Free Muslim

Categories of People who refuses Zakah


o If a person refuses to pay, he should be advised
o If he still refuses but still believes it is obligatory, Islamic State can compulsorily take Zakah amount
from him by force. Some scholars says half of his wealth should be taken as well

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o If he refuses and believes it is not obligatory, evidences should be presented to him. If he persists,
he is considered as an apostate

Slaves are exempted from obligation of Zakah


o Slaves are considered as an owned property

Disbelievers are exempted


o Disbelievers also fall under Islamic instruction
o Qur’aan 74:42-45 indicates they are included as well and that’s why they are in hell fire
o Actually it means Zakah of Muslims alone will be accepted
o If the kuffar give zakah, they will have reward only in this world

Complete Ownership
o It should not be a lost property like camel
o For example: I have a property and I received the rental payment for whole year right now.
Eventhough person did not utilize the property completely. So I have access to days he used. Only
wealth under your ownership is number of days he spent in your property

Must have reached the nisaab


o Minimum threshold of wealth for Zakah to become obligatory on a person
o It is a condition of Zakah
o It differs from commodity to commodity
o Gold and Silver
o Different livestock like Camels, Cows, Sheep and so on
o Abu Saeed narrated Prophet said “There is no zakah due on wealth less than five Awsuq1” (Agreed
upon)
o Abu Sa'eed Al-Khudri narrated that the Prophet said: "There is no charity due on less than five
camels, and there is no charity due on what is less than five Uqiyah (of silver), and there is no
charity due on what is less than five Wasaq." (Tirmithi 626, Sahih)
o Prophet said: “No zakah with regards to camels if they are less than five”
o Wisdom of nisaab is something a person can have minimum to sustain his family. For example, 5
wasaq will suffice a person and his family. Allaah knows the best

1
Wasaq = 60 Sa’ This is a measure of volume than weight. 1 Sa’ = 2.6 to 3 kgs

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Passing of a [Hawl]
There is no zakât on property until an entire hawl
(Islamic/lunar year) has passed, except for that which
comes from the land, and the growth emanating from
capital through birth (as with livestock) or profit. The hawl
of these is that of their origin.

Hawl
o Hawl is one islamic (lunar) year
o Property should be with you for one complete year (Hawl) to become Zakatable
o Ramadan is not a condition but people pay for ease of calculation and payment
o We pay Zakah on complete amount (ie., amount of Nisab + amount above nisab)
o If the harvest is more than 5 awsaq, he has to pay Zakah immediately

Exceptions
As for exception from Hawl, they are
o Agricultural produce (i.e., comes from the land) as Zakah is due at Harvest (Qur’aan 6:141)
o Wealth comes from Capital
o Eg.: Person has 5 camels at beginning of the year and 10 days before Zakat date, these
camels gave birth to many camels, say 60. Zakah is due on all Camels not the passing of
Hawl i.e., their origion
o Eg.: On Ramadan, I have 1000 pounds. On the first of Muharram I invest them. On next
Ramadan, it grow to 5000 pounds. Now, I have to pay Zakah for 5000 pounds. I have to
consider the year of capital for Calculation
o Eg.: Zakah on Salary2  Choose a day in a year when you will pay Zakah. Pay Zakah on that
day on whatever wealth you have which means you pay zakah for all your salary till date.
This is like early payment of Zakah when Zakah is not due upon that wealth (ie., passing of
Hawl)

2
Refer to http://www.islamqa.com/en/26113

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Zakatable Wealth

Zakâtable Wealth

Zakât is only obligatory on four types (of property):

1. Free-grazing, domesticated livestock

2. What is produced or extracted from the land

3. Silver and gold

4. Merchandise prepared for sale.

#1 Free-grazing, domesticated livestock


o Free Grazing is referred as Saaimah in Arabic
o Free grazing implies Zakah is on livestock that freely grazes on public pasture
o This is the view of majority except Imam Malik and Imam Layth ibn Saad
o Freely grazing is considered as a condition for Zakatable livestock
o If animal freely grazes, Zakat is payable according to consensus of Scholars
o If animals are fed for whole year, Zakat is not payable according to majority of Scholars
o Another condition is Bahimatul Anaam which Sharee’ah clearly defined
o Two types of Camels ( 1 hump and 2 humps)
o Cow
o Sheep
o Goats
o Chickens, Wild goats are automatically excluded

Exceptions
o Eg.: Person having the animals for selling them.
o They are treated as merchandise.
o He has to pay Zakah even he fed the animals
o Eg.: I fed for part of year and part of the year from public pasture.
o If animal is fed for more than 6 months, they are treated as Saaimah.
o If not, they are treated as Maalufa (i.e., fed)

#2 What is produced or extracted from the land


o We will discuss in detail in future

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#3 Silver and Gold (As-Simaan)
o Allah warned people who hoarded Gold and silver by not paying Zakah

#4 Merchandise prepared for Sale (Amwal Al-Urud)


o Qur’aan 9:103

Zakat Threshold

Zakât Threshold

There is no zakât applicable upon that types of property that Zakaah is payable
upon until it reaches the nisâb.

If the value reaches or exceeds the nisâb, then zakât is obligatory on the full
amount – except for free grazing, for which there is nothing obligatory on their
‘awqaas’

o There is no Zakah on a number of specific type of cattle owned that lies in between two stipulated
amounts.
o For example, a person having cattle than ranges between 35 and 46 in number3
o This is called as Masalatul Waqs

3
This will be explained in greater detail, InshaAllah

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Chapter 3: Zakah on Free grazing Livestock

This comes from books of Zakah of Abu Bakr and Umar, which are attributed to Prophet. These are further
recorded in Saheeh. People claim it was with Ali and it is not correct

Camels
o Nisab is 5 camels
o If you have 5 camels, you have to pay 1 sheep
o If we have 11 camels, we pay only 2 sheep and 1 is forgiven
o Camel are of two types
 One hump
 Two humps

No. Of Camels Zakat to be given


5 camels 1 sheep
10 camels 2 sheep
15 camels 3 sheep
20 camels 4 sheep
25 to 35 camels One-year old she camel (bint makhad)/ two-year old male camel4 (ibn
Laboon)
36 to 45 camels Two-year old she camel (bint laboon)
46 to 60 camels Three-year old she camel (Hiqqah)
61 to 75 camels Four-year old she camel (Jadha’ah)
76 to 90 camels 2 two-year old she camels (two bint laboons)
91 to 120 camels 2 three-year old she camels (Hiqqah)
>120, every 40 camels or Two-year old she camel (one bint laboon)

Every 50 camels Three-year old she camel (Hiqqah)

Examples
o If a person has 140 camels, He has to pay two Hiqqah (50 + 50) and 1 bint laboon (40 camels)
o If a person has 170 camels, He has to pay one Hiqqah (50) and 3 bint laboon (40 + 40 + 40 camels)
o If a person has 200 camels, He has to pay four Hiqqah (50 + 50 + 50 + 50) Or and 5 bint laboon (40 *
5 camels)

Masalatu Ishreena dirham


o If you have to pay an animal in Zakah which is greater than animals you have:
o Pay 1 year lesser animal plus two sheeps of 20 dirhams
o Pay 1 year higher animal and take two sheeps or 20 dirhams from Zakah collector
o Scholars differed whether it is actual 20 dirhams of the day or value of it

4
This is because She camel gives milk and two year old male camel do not

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Cows
o Cows are called as Bakar in Arabic because it splits the land apart
o It includes buffalos as well
o Zakah on cows is based on hadeeth5 of Mu’adh ibn Jabal6
o There is no zakat on cows until they reach 30 in number (Jamhoor7)
o Minority group of scholars weakened the hadeeth of Mu’adh and said we have to make Qiyaas of
Camel as there were not cows in Arabia
o They weakened the hadeeth because of presence of Masrooq in the chain who never met Mu’adh.
Imam Tirmidhi says acceptable because of supporting evidences
o Imam Shafi’ee says Masrooq was from Yemem. Even though, they did not meet but was well versed
about fiqh of Mu’adh

No. of Cows Zakat to be given


For every 30 cows 1 one-year old cow (Tabi’ or Tabi’ah)
For every 40 1 one-year old cow (Musinnah)
40 to 59 2 one-year old cows (Musinnah)
60 to 69 2 one year old calf (Two Tabi)
70 1 Tabi and 1 Musinnah

Examples
o If a person has 35 cows, He has to pay 1 Tabi (30 cows)
o If a person has 80 cows, He has to pay two Musinnah (40 + 40)
o If a person has 100 cows, He has to pay two Tabi and 1 Musinnah (30 + 30 + 40)

Goats & Sheep


The nisab level of goats and sheep is 40. Hence, there is no obligation on zakat until they reach 40 in
number

No. of Sheep/Goats Zakat to be given


40 to 120 1 sheep
121 to 200 2 sheep
>200 3 sheep
>200, for every 100 1 sheep

Example
o If a person has 401 sheep, He has to pay 4 sheep

What cannot be given as Zakah?


o A male goat8 may not be taken as zakâ t

5
Imam ibn Abdul Barr and Imam Tirmidhee authenticated the hadeeth
6
Companion sent to Yemen to give Da’wah and was loved by Prophet
7
Majority of Scholars

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o A one-eyed animal
o A very old one
o A mother9 that has just given birth and is nursing her offspring
o An animal about to give birth
o A fattened beast that has been singled out to be slaughtered
o Neither the worst nor the best kind of property is to be taken as zakat except when the owners of
the property donate it

Some General Rulings on Zakah on Livestock

He must only give (as zakât) female animals experiencing good health,
except for the [male calf] that is levied on thirty cows, and the two-
year- old male camel (ibn laboon) that is substituted for the one-year-
old female camel ( bint makhad), if he cannot find one.
However, if all his sheep are male or sick, it would be acceptable (to
pay) just one of them. He is only obliged to a six-month-old (jadha’ah)
from the sheep, or a one-year-old female (thaniyah) from the goats, and
the recommended age level (of other kinds) unless the owner of the
property chooses to pay an age level that is higher than what is
obligatory.
If they are all young, it is permissible to pay one that is young. If they
are a mixture of health and sick, male and female, and young and old, he
must pay a healthy, mature female; its value should be an average of the
whole flock.
If it is a mixture of foreign and Arab animals, cows and buffalos, goats
and sheep, good and bad, fat and thin, he should pay one of average
value.

8
Giving out female is better because it helps the poor with milk, sheep and so on
9
Shows how Sharee’ah is merciful

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Joint ownership

If a group of people share (joint ownership of) the minimum number of


grazing livestock for an entire hawl, and their fields for pasture, stud
animals, barns, milking sheds and watering holes are the same, then the
ruling on their zakât is as if they were one person. If one of them pays
the obligation from his property, the others should reimburse him
according to their share, and joint property has no effect except on free-
grazing, livestock.

o “La Yujmau baynal mufarraq wa la yufarraq baynal mujamma hashiyata Sadaqa”


o “We do not join between two separate items and we do not separate one item to escape from
charity”
o If Abdullah has 40 goats and Maryam has 40 goats, they decide to join it to make it as 80 goats so
that they can pay 1 sheep as zakah (i.e., for 40) instead of two sheep for each 40. This is not allowed
o However, if they share fields for pasture or amenities and not to cheat Zakah collector, then one
person can pay for both together i.e., 1 sheep, it is considered valid
o If each has 20 goats and they share amenities, they have to pay Zakah for 40 instead of no Zakah
individually upon them

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Chapter 4: Zakah on that which comes out of the Earth

o Qur’aan 6:141
o This ayah denotes obligation of paying Zakah on harvest and minerals

Plants

Zakât is obligatory on plants, for all grain and fruit that can be
measured and stored, if it is produced from that land and reaches five
awsuq (in measure). This is based on the narration of the Prophet
(SAW): “There is no charity (meaning obligatory zakât in this context)
on grain and fruit until it reaches five awsuq.”
One wasaq is equal to sixty ş â’.
The zakât that must be paid is ten percent of the (of the entire crop) for
what has been watered by rain or water sources (that flow to the land
without effort), and five percent for what has been irrigated with effort,
such as bringing water by irrigation equipment or on the backs of
camels (or any other beast of burden).

o No Zakah on plants which is less than 5 awsuq i.e., 300 Sa’ equivalent of approximately 900
kilograms

Characteristics of Zakatable plants


o Grain or Fruit
o Weighed or measured
o Can be stored
o Examples: Barley, Dates, Wheat
o At same time, there is no Zakah on items like oranges at it cannot be counted and cannot be stored

Farmer’s effort vs. Natural irrigation


o If harvest is watered naturally through rain/water sources, then Farmer has to pay 10% as Zakah
o If the farmer worked hard irrigating, then he has to pay 5%
o If the case is combination of above two:
o Farmers irrigated for more than 6 months – 5%
o Natural irrigation was for more than 6 months – 10%

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Zakat becomes obligatory when the fruit appears ripe and the grain has
matured (is firm).

One does not set the grain aside (as payment) until it has been
threshed, and likewise for the fruit until it has dried
There is no zakat on what one collects of the permissible (for public
use) grains, fruit that grows in the wild (without cultivation), items that
have been found or picked up, or wages for harvesting.
One kind of grain or fruit does not have to be added to another to
complete a nisâb (zakat threshold)
However, if there is one kind that
has different varieties, like the various sorts of dates, there would be
zakât on it (if all the varieties put together meet the nisâb of five
awsuq).
One must pay zakat of each kind. If one pays a good kind of zakât for a
bad kind, it is permissible (but not vice versa), and one would deserve a
reward (from Allah the Almighty)
When and how to give Zakah?
o When Zakah becomes obligatory?
o Fruits should ripe
o Grain should be firm
o Fulfills characteristics of Zakatable plants
o Experts can be brought and check the status of whether it is ripe or not
o Non Zakatable Plants
o Tree that grows naturally
o Without cultivation
o Picked up grains/fruits by a person not the farmer
o Wages for farming
o One should not join between two crops like Dates and barley and so on to arrive at Nisaab
o However, one crop of different types like Ajwa, Sukary dates can be joined to arrive at Nisaab
o Pay Zakah for each kind individually
o If one pays a good kind of zakât for a bad kind, it is permissible (but not vice versa)

Metals
o In Arabic it is called as Ma’adin comes from the same word “Adn” meaning established

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Whoever extracts a nisâb of metal – of gold or silver – or a value equal
to this nisâb in precious metals such as kohl, copper and iron, must pay
zakât on it. (Its zakât) is not to be paid until after it has been cast and
refined.

There is no zakât on pearls, coral, amber, or musk, or on what is hunted


on the land or fished from the sea.

o Nisab of metals is nisab of gold and silver


o It should not be Cast and refined i.e., metals in pure form

The zakât on buried treasure from the pre-Islamic period of ignorance


is one fifth (of what is found), regardless of what kind of property it is,
whether it is a small or large amount.
Its recipients are the same as the recipients of the war booty gained
without fighting, and the rest belongs to the one who finds it.

o Buried Treasure
o Treasure should be from the times of Jaahiliyah
o Zakah is 1/5th of treasure

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Chapter 5: Zakah of Currency

There are two types of currency: Gold and Silver. There is no zakât on
silver until it reaches two hundred dirhams (about 595 g of pure
silver), and its zakât is about 5 dirhams (2.5%). There is no zakât on
gold until it reaches twenty mithqâl (about 85 g of pure gold), and its
zakât is half a mithqâl (2.5%).

o This is Zakah of Asmaan (Qur’aan 9:103)

Types of Zakatable Currency


o Gold
o Silver
o Cash Money - It actually represents gold and silver
o This is the concept of Ijmaa

Nisab and Zakah


o Silver – 200 Dirhams (595 grams10) of silver 5 Dirhams (2.5%) Zakah
o Gold - 20 Mithqal11 (85 grams) of pure gold  half a mithqal (2.5%)
o When Prophet says in Dirhams, Is it weight or value? It is of weight

Purity of Gold/Silver

If the silver or gold is impure, there is no zakât on either until the


weight of the pure amount of gold or silver reaches the nisâb. If there
is any doubt about its purity, there are two options to choose from:
to pay the zakât (on the amount as it is) or first purify it by casting it,
in order to determine the actual amount

10
Hanafi says it is 700 grams
11
Mentioned by Ali, Amr ibn Shubay

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o Pure gold or silver are considered for nisaab
o Is this weight or count? It is weight over count as hadeeth of weight is more established than count
o Opinion 1: Pay for all gold though it may have other metals and it will be beneficial for poor
o Opinion 2: Purify it by casting it to determine the actual amount12

Jewelry for Personal use and lending

There is no zakât on permissible jewelry that is prepared for personal


use or lending.


All kinds of gold and silver that are customarily worn by women are
permissible for them, and the permissible silver items for men are:
rings, ornamentation of swords, belts, and so on. There is zakât on what
(gold and silver) is prepared for renting and savings, as well as on the
prohibited kinds.

o If Car/home is for personal use, then there is no zakah on them. What about jewelry for personal
use and lending?
o According to author, it is not
o Correct view is that Zakah is wajib irrespective you rent it out or for personal use
o General commands regarding Gold and Silver
o Hadeeth of Tabarani which says there is no Zakah on gold is weak
o Zakah is not applicable to the house but applicable to rent generated. Based on this author says
jewelry for lending are Zakatable

Is it allowed to rent out Gold and Silver?


o Opinion 1: Haram as it is Ribaa. This is weak opinion as it is not trade and Ribaa applies only to
trade
o Opinion 2: This is allowed but it should not be used in haram manner i.e., Showing off

12
Author is writing based on the time he was living in. Those days, techniques of determining without casting was not
available

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Chapter 6: Zakah of Debt
Whoever is owed a debt by a debtor who is capable of paying; or has
money he is capable of collecting , as when someone denies having
borrowed it, but he has proof; or has had something taken by force
from him, yet he is capable of taking it back; he must pay zakât for it
when he finally takes possession of it. He should do so for all the years
that have passed.

Is Zakah applicable on debt?


o Opinion 1: Person lends out of money need not pay zakah as he is not having ownership
o Opinion 213: Lender should pay zakah for one year after it finally reaches
o Opinion 3: Lender should pay zakah for all the years that passed. This is opinion of the author
o Though money is not in your position but you have access to get money back so it implies you have
ownership

Non recoverable Debt/Bridal gift

If someone owns money that has been impossible to retrieve because,


for instance, (the debtor) has gone bankrupt; or he denies the debt, and
there is no proof of it; or someone has had something taken from him
by force or has lost something, and there is no hope of finding it; then
there is no zakât due on it
The ruling on the bridal gift is the same as that of debt.

o No Zakah on this as you do not have ownership


o If Nikkah is of deferred Mahr, then Zakah is applicable on the part of bride (lender)

13
Scholars like Saeed ibn Musayb

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Debtors
Whoever has a debt equal to ( or greater than ) the nisâb he owns, or it
(the debt) makes it (the money he owns) less (than the nisâb), there is
no zakât on it (the money he possesses).

o Should you have to pay Zakah on the money you owe?


o Example:
o Debt – 20000 Pounds
o Asset – 21000 Pounds
o Nisab - 2000 pounds
o Net = 21000 – 20000 = 1000
o 1000 < 2000 i.e., Nisab. So no Zakah

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Chapter 7: Zakah on Merchandise

Nisab of Merchandise

There is no zakât on merchandise until the person intends to trade


with it, and it (has been at) the nisâb for an entire year (hawl). Then he
should assess it, and if it has reached (an amount equal to) whichever
nisâb of gold or silver is less (at that time), he must pay zakât on its
(full) value.

o Person should intend trade with the assets he has which makes it Zakatable
o Assess it at Selling price i.e., safer opinion and benefits the poor
o Nisab of merchandise is Nisab of lowest of price of either Nisab of gold or silver

Example

If the person (also) owns golf or silver, he must add it to the value of
his merchandise (that is prepared for trading) to complete the nisâb

o Person has 500 pounds worth of merchandise


o Nisab for Gold and silver = 1000 pounds
o Jewelry = 500 pounds
o Total value = 500+500 = 1000 pounds
o So Zakah is applicable on him

Between Personal use and merchandise

If a person intends for this merchandise to be private property (for


personal use), there is no zakât on it. If, afterwards, he intends to
prepare it (again) for trade, he should begin (counting) a new hawl for
it

Example

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o In January, You bought Car for personal use
o In June, You have decided Car for sale
o Zakah is now applicable on car

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