Text of the Speech given by me (with modifications) in Masjid e Bilal in Preston International College during Eetikaf in the year 2012.
Inspired by the book ‘Ad durarul Bahiyyah’ by Imam Shawkani and produced and explained in urdu by Hafiz Imran Ayyub Lahori as ‘Fiqh ul Hadith’.
Only rough translation of aayat of Qur’an and ahadith is given.
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Zakatul Fitr/Sadqatul Fitr is a kind of charity that is obligatory at the time of breaking the fast of Ramadan.
It will be offered from the staple food from every individual; One Sa’ (roughly equivalent to 3kg) [i]
Ibn Abbas (رضى الله عنه) said, “The Messenger of Allah (صلى الله عليه وسلم) made zakat ul fitr obligatory as a means of purifying the fasting person from the idle talk and foul language and to feed the poor. Whoever pays it before the prayer, it is an accepted zakat and whoever pays it after the prayer it is just a kind of charity. (Abu Dawud 1371, An-Nawawi said “Abu Dawud reported it from Ibn Abbas with a Hassan isnad)
Ruling on Zakat ul fitr:
Ibn Umar (رضى الله عنه) said: Allah's Messenger (صلى الله عليه وسلم) enjoined the payment of one Sa' of dates or one Sa' of barley as Zakat ul Fitr on every Muslim slave or free, male or female, young or old, and he ordered that it be paid before the people went out to offer the Eid prayer. (Bukhari vol 2 Hadith no. 579, Muslim, Abu Dawud, Nasai, Ibn Majah)
Imam Ibn Munzir (rahimahullah) reports ijma on this issue (that zakat ul fitr is obligatory) and Imam Shafie (rahimahullah) says the same.
However, Imam Abu Haneefah (rahimahullah) says it is wajib and not fard [ii] and that it becomes obligatory only when a person’s wealth is above nisab level, that is, only the one who is obliged to pay zakat ul maal (normal zakat) is the one who is obliged to pay Zakat ul Fitr also. But it is not correct as we have mentioned the hadith which proves its obligation for all Muslims, also other scholars of Islam like Imam Shafie, Imam Nawawi etc have upheld the view that it is obligatory on all Muslims and the truth is with them. So anyone who has more sustenance than what is required for him and his family for that day and night will be liable to pay it. And this is also the view of Siddiq Hassan Khan and Ibn Qudamah. And Allah (سبحانه وتعلى) knows best.
It is said that the narration of Qays Ibn Sa’d (رضى الله عنه) abrogated the obligation of zakat ul Fitr. But it is incorrect as there is nothing in the narration which proves that it was abrogated. It is reported in Nasai, Hakim and Ibn Majah and it has been authenticated by Shykh Nasir ud deen Albani that Prophet (صلى الله عليه وسلم) commanded us to pay zakat ul Fitr before the zakat (zakat ul maal)was obligated but after the ruling on zakat was revealed the Prophet (صلى الله عليه وسلم) did not command us neither forbade us (with regards to zakat ul fitr) and we continued to offer zakat ul fitr.
Whom it is offered by:
It is to be offered by Muslims only as we have mentioned the hadith of Ibn Umar (رضى الله عنه) where in it is said that Allah's Messenger (صلى الله عليه وسلم) enjoined the payment of one Sa' of dates or one Sa' of barley as Zakat ul Fitr on every Muslim slave or free….
Imam Ibn Qudamah and Imam Shawkani say that it is not obligatory on Kuffar and Imam Ibn Hajar says that it is an agreed upon issue.
When it is to be given:
It becomes obligatory when the sun sets on the last day of Ramadan. It can also be given one or two days before Eid.
A Muslim should give it on his behalf and on the behalf of those whom he spends, such as wives, children, slaves, relatives- if they cannot give it on their own etc. He has to give it on behalf of his wife even if she has money of her own.
An employer is not liable to pay on the behalf of the employee because he is just a hired worker and not someone on whom the employer spends in general.
To whom Zakat ul Fitr is given:
There are two groups of scholars in this case. The first says that it has to be given to those whom zakatul maal is given because in the ahadeeth Sadaqatul fitr has been denoted by the word ‘zakatul fitr’ and therefore it should be given to those to whom normal zakat is given. And this is the opinion of Imam Shawkani and Imam Ibn Qudamah. The second group says that it is to be given exclusively to poor and needy because it has been indicated in the hadeeth in which it is said that Prophet (صلى الله عليه وسلم) fixed zakat ul fitr in order to provide food for the poor and needy (reported in ibn majah and shykh albani declared it Hassan). And this is the opinion of Imam Ibn Taymiyyah, Imam ibn Qayyim, Imam Albani and also the opinion of Imam Shawkani according to another narration, and this is what seems to be closer to the truth. And Allah (سبحانه وتعلى) knows best.
What is to be given?
Abu Sa’eed al Khudri (رضى الله عنه) says that, in the lifetime of the Prophet we used to give one Sa' of food or one Sa' of dates or one Sa' of barley or one Sa' of raisins (dried grapes) as Sadaqat-ul-Fitr…. (Reported in Bukhari 1508 in Kitab uz zakat)
Imam Shafie (rahimahullah) says any staple food can be given. And this is also the view of Imam Ibn Taymiyyah.
It is allowed to pay the currency (equivalent to one sa’ of the particular staple food) instead of the food items.
The best thing is to give the food items mentioned in the hadith and then the staple food and then the equivalent currency. Nevertheless with regards to currency there is difference of opinion among the scholars. Imam Malik, Imam Ahmad, Imam Shafie and Imam Ibn Hazm say that it is not allowed to give from currency. Imam Abu Haneefah says that it is allowed. Imam Shawkani says that if some excuse is present then it is allowed.
Payment and Distribution:
It is permissible to appoint a trustworthy person to distribute it to the entitled. However paying it directly is preferable according to some scholars. Imam Shafie (rahimahullah) says that, “I prefer to share out the zakat ul fitr myself rather than to give it to the one who is collecting it”.
Where it is to be given:
It should be given where it becomes obligatory. Imam Ibn Qudamah (rahimahullah) says that it should be shared out in the country where it became obligatory whether a person has wealth there or not.
It is to be noted that is the family of that person pays it in the home country then it would suffice, and this is the view of Imam Malik (rahimahullah)
And Allah (سبحانه وتعلى) knows best.
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[i] Some scholars say that only half Sa’ is to be given with regard to certain food items, but the correct opinion is that one Sa’ is to be given for all food items. And this is the view of the majority of scholars like Imam Malik, Imam Ahmad, Imam Shafie, Imam Shawkani, Imam Ibn Qudamah and others.
[ii] Abu Haneefah (rahimahullah) made the following classification in his madhab with regards to ruling of a particular thing: Fard, wajib, Sunnah, Mubah, makrooh tanzehi, makrooh tahreemi and haram. However most of the early scholars didn’t differentiate between fard and wajib and their classification is as Fard/Wajib, Sunnah/Mandoob/Masnoon, Mubah, Makrooh, and Haram. Imam Abu Haneefah (rahimahullah) says for a thing to be fard there has to have a clear cut evidence from Qur’an and Sunnah and for wajib, the emphasis of fard is there (that is, punishment if not carried out) but the clear cut evidence is lacking from the Qur’an and Sunnah. However we go with the majority of the scholars who don’t differentiate between fard and wajib, because when put to practice it means the same thing.