Zakat, Zakat, Zakaat, Zakaat, Zakat,
Zakat, Zakaat, Zakat, Zakat
ZAKAT (ALMS TO THE POOR)
The benefit of giving Zakat
Allah Ta'ala has stated that 'success is for those who give Zakat'.
He has also stated 'Whatever you give, Allah will replace it with
even more and Allah is the best at giving wealth'. He has also
stated 'that those who are misers, then don't think that whatever
Allah has given them due to His virtue that it is a good thing for
them but it is a bad thing for them, because that item will be
wrapped around their necks and a lock put on it for those who are
tight with their money'.
Punishment and loss for not giving Zakat
Allah has also stated ' those who collect silver and gold and do not
spend it in the path of Allah then they will be given severe
punishment and give them the good news that when they are heated in
the fire of Hell and with that their foreheads and sides and backs
will be marked and they will be told that this is that gold and
silver which you gained for your desire and so taste what you had
gained'. The Holy Prophet Sallallaho Alaihi Wasallam has reported
that 'the goods that are destroyed, are destroyed due to not giving
Zakat'. He has also reported' that 'strengthen your possession by
giving Zakat and heal your sick by giving Sadqa and pray to deter
any difficulties and cry and perform worship'. He has also reported
that 'Allah Ta'ala has made four things obligatory and those who
only perform three of them and miss one then it will be of no use to
them until all four things are not performed. Namaz,Roza, Zakat and
Hajj, and he stated that those who do not give Zakat, their Namaz is
not accepted [Tibrani, Abu Da'ud, Imam Ahmad].
Rule: Zakat is Farz and those who reject it as Farz are infidels and
those who do not give Zakat are wrongdoers and worthy of execution
and those who delay and do not give Zakat on time are sinners and
their testimony or oath will not be accepted [Alamgiri,Bahar].
According to Shariat, Zakat is defined as from your goods to take
one part for Allah which has been fixed by Shariat and to make a
Muslim poor person the owner of it.
Rule: To replace something is not giving Zakat, for example, to feed
a poor person with the intention of giving Zakat as this would not
be making the person the owner of the money. However, if food is
given and whether he eats it or takes it with him then this will be
counted as giving Zakat and in the same way if clothing is given
with the intention of Zakat then the Zakat will be fulfilled [Durr-e-Mukhtar].
Rule: It is also a condition to make someone the owner that knows
how to accept, it, meaning if someone throws it away or is easily
fooled into giving it away then this is not counted as making
someone the owner, for example if a small child or an insane person
is given Zakat then it will not count. If the child does not have
sense then the Zakat should be given to his father who should also
be poor and then should be made the keeper or the child's guardian
or person looking after the child [Durr-e-Mukhtar, Radd-ul-Mohtar,
Bahar].
Conditions when Zakat would become necessary
Rule: There are a few conditions when Zakat would become necessary.
1. To be a Muslim
2. To be an adult
3. To be sane
4. To be free (i.e. not a slave)
5. To be the owner of goods above Nisaab (threshold - where Zakat
would become necessary)
6. To be a complete owner of the goods
7. To be free from any sort of loan
8. To be free from any goods which are regarded as basic necessities
of living
9. The good have a value which will increase
10. For a year to pass
Rule: Zakat is not necessary for an infidel. If an infidel became a
Muslim then he would not be ordered to pay Zakat for goods from
previous years when he was not a Muslim [All books].
Rule: Zakat is not necessary for a child [Hidava etc.].
Rule: Zakat is not necessary for a person who has been insane for a
full year. If a person is sane at the beginning of the year and at
the end of the year but was insane in the middle of then Zakat is
still necessary. If a person is insane from birth and then after
reaching adulthood he gains sanity then Zakat will become necessary
from that year and not from the previous years [Johra, Alamgiri,
Radd-ul-Mohtar, Bahar].
Rule: Zakat is not necessary for possession of goods which are below
the fixed threshold of Shariat, meaning if a person had goods but
were less than the threshold of Nisaab then Zakat is not necessary
for them.
Rule: You must have complete ownership of the goods, meaning if you
had possession but was not an owner then Zakat is not necessary.
Rule: If goods are lost or have fallen in the sea or someone has
robbed him and he has no witnesses for the robbery or have been
buried in a field and you are not aware of where you have buried it
or you gave some goods to a stranger for safe-keeping and then that
person took off with them or you lent some money to someone and he
refuses to pay the debt back and you have no witnesses and then
after a period of time you got your goods or money back, then Zakat
is not necessary for the time the goods were not in your possession
[Durr-e-Mukhtar, Radd-ul-Mohtar].
If you have loaned some goods to a
person who says he will pay back but is delaying it or has become
bankrupt or a Qazi has ordered that he is poor or is refusing to pay
back and he has witnesses and then when you recover the goods back,
then Zakat is also necessary for the time when it was not in your
possession [Tanwir, Bahar].
Rule: If money or goods have been given as a deposit or guarantee,
then Zakat is not necessary on the person giving the deposit or the
person keeping the deposit nor is it necessary for the years that it
was held when the deposit has been given back [Durr-e-Mukhtar, Bahar
etc.].
Rule: If a person has enough goods above the threshold of Nisaab but
he owes so much that by paying the debt off he would go below the
threshold of Nisaab then Zakat is not necessary on them whether the
debt is of a worldly nature (such as a loan or repayment for lost
goods or payment) or if it is of a religious nature (such as
previous Zakats), for example, if a person has been above the
threshold of Zakat for only one year and he has not given Zakat for
two years then only the first year's Zakat is necessary not for the
second year, because after giving the first year's Zakat from his
goods the goods then fall below the threshold therefore the second
year's Zakat is not necessary [Alamgiri, Radd-ul-Mohtar].
A fixed time loan or Mehr does not stop you from giving Zakat
Rule: If you borrowed money and you did not have to pay anything
until after a fixed time (for example, you borrowed some money and
the owner said don't pay me anything for five years and then pay the
money back to me) then this will not stop you from giving Zakat [Radd-ul-Mohtar].
Also if the husband has to give so much money for Mehr, he still has
to give Zakat because the wife does not ask for the Mehr [Alamgiri,
Bahar].
Rule: A loan will stop you from giving Zakat when the loan is taken
before the Zakat became Wajib and if money is borrowed after Zakat
is due, then you will still have to give Zakat (for example, your
year has finished and you are due to give £500 Zakat and then you
take out a loan which takes you below the Nisaab threshold, the £500
Zakat will still have to be paid) [Radd-ul-Mohtar, Bahar).
Basic Necessities (Hajat-e-Asaliya)
Rule: Whatever goods are regarded as not the basic necessities and
are above the threshold of Nisaab then Zakat is necessary.
Hajat-e-Asaliya This means basic necessities that are required for
living, such as, a house for living, clothes for wearing, goods for
cooking and eating, animal/vehicle for transport, slave for helping,
weapons for battle, tools for workmanship, books for knowledge and
food stored for eating [Hidaya, Alamgiri, Radd-ul-Mohtar].
Zakat for three types of goods
The conclusion is that there are three types of goods which Zakat is
necessary upon.
1. Gold and Silver.
2. Goods for business.
3. Animals which are kept for production and who eat on free range
land.
Rule: Zakat is not necessary on pearls and diamonds and other
jewellery (except gold and silver) regardless of the amount,
however, if they are purchased with the intention of doing business
then Zakat is necessary [Alamgiri, Durr-e-Mukhtar, Bahar].
Rule: If a person has more than the threshold (Nisaab) and in the
running year the goods increased then the new goods are not counted
as a new year but when the year finishes for the old goods it will
also finish for the new goods even if the new goods are acquired one
minute before the year end.
Rule: When giving Zakat or separating money for Zakat it is
necessary to make the intention of Zakat. Intention means if asked
you can without doubt say it is Zakat [Alamgiri].
Rule: If you gave money voluntary all year and then finally made the
intention that whatever given was Zakat, then this will not count [Alamgiri].
Rule: Zakat money was in your hand and the poor snatched it away
then the Zakat will count and if it fell on the floor and a poor
person picked it up and if you knew the person and was happy, then
the Zakat will count [Alamgiri].
Rule: Zakat money cannot be used in assisting the dead (buying Kafan,
burial etc.) or for building a Mosque because this would not make
the person the owner. If you want to spend money on things like
helping the dead or building the Mosque then the method of doing
this is to give the money to a poor person and then the poor person
spends the money for these causes as this would mean both parties
would gain reward. It is stated in the Hadith that if the money of
Sadqa passes through one hundred hands then every person would gain
as much reward as the first person who gave the money and there
would be no decrease in the reward [Radd-ul-Mohtar, Bahar, Qazi
Khan].
Rule: It is not necessary when giving Zakat to say to the poor that
this is Zakat as only the intention is sufficient. If you gave the
Zakat buy saying that this is a gift for you or it is a present for
your children or Eid money and the intention is that you are giving
Zakat, then the Zakat will count. The reason for this is because
there are many poor people that feel ashamsd in taking Zakat and
therefore you should not tell them that you are giving Zakat to them
[Bahar].
Rule: If a person with Nisaab decides to give more than his Nisaab
calculation of Zakat by giving the amount for two or three Nisaabs
beforehand, and then at the end of the year he finds out that he had
to give more than just one Nisaab and he had already done this by
giving money before it's due time then this will count. However, if
he had given more than what was due from him with the intention for
that year and then at the end of the year it was more than his
Nisaab calculation was due then he cannot carry the excess amount to
the next year (because the intention was for only to give that year)
[Alamgiri, Bahar].
Rule: If a person owns one thousand pounds but he decides to give
Zakat for two thousand pounds and makes the intention that if I have
that much amount at the end of the year then this Zakat will be for
this year and if not then the excess money will go towards next
year, then this is allowed [Alamgiri, Bahar].
Rule: If you are in doubt that you have paid Zakat then you must pay
again [Alamgiri, Radd-ul-Mohtar, Bahar, Siraajia, Behra-ul-Raiq].
ZAKAT FOR GOLD. SILVER AND BUSINESS GOODS
Nisaab for Gold and Silver
The Nisaab (threshold) for gold is seven and a half Tola (88 grammes)
and for silver it is fifty two and a half Tola (620 grammes). The
Zakat for gold and silver is determined by it's weight and not it's
value. For example, jewellery or utensils of gold is made but it's
making makes the value of the gold more than 200 Dirhams (which may
be the price of 7.5 tolas of gold). Also nowadays the value of 7.5
tolas of gold makes many Nisaabs when compared with the 52.5 tolas
of silver and therefore the Nisaab will be calculated on weight and
not on the value. In the same way by giving silver as Zakat for gold
then the value will not be counted but the weight will be counted
even if because of work and craftsmanship the value has increased.
For example, if you had £700 worth of silver and you gave £25 for
Zakat because although the jewellery was worth £700, it actually
cost another £300, making the total £1000, then the Zakat would need
only be £20 and the other £5 would be extra as the Zakat is given on
the weight and not the total value.
Rule: When it is referring that the weight is taken into
consideration and not the value then this is when the Zakat is being
given for like to like product. Such as gold for gold or silver for
silver and if another product is being given for another product,
for example gold is being given as Zakat for silver or vice versa,
then the value will be taken into consideration. [Radd-ul-Mohtar,
Bahar].
How much Zakat should be given ?
Rule: When you have enough gold or silver that goes above the Nisaab
then one fortieth is given, i.e. 2.5%. Whether it be in it's
original form or in the form of coins or something has been made out
of it (such as jewellery, utensils, watch etc.) then Zakat is
necessary on it. For example if you have 88 grammes of gold then
2.25 grammes of Zakat is necessary or if you have 620 grammes of
silver then 15.75 grammes of silver is necessary for Zakat [Durr-e-Mukhtar,
Bahar etc.].
Rule: Except for gold and silver you have other goods which are for
business purposes then if the value of that adds to the same as the
Nisaab for gold or silver then Zakat is necessary on that also,
meaning the fortieth part of the goods is to be given for Zakat. If
you did not have enough goods that reached upto the Nisaab level but
you also had some gold or silver then they should be combined
together and then if the total adds up to the Nisaab level then
Zakat is necessary. The value of the goods should be calculated with
the going currency of that county, for example in India the currency
would be Rupees and for the UK it would be sterling. If gold or
silver coins are used somewhere then it is upto you to use whichever
coin you like. However, if you use Rupees and the Nisaab does not
complete but by using an Ashrafi the Nisaab completes or vice-versa,
or by using one currency the Nisaab completes but with another
currency there is more than one-fifth of the Nisaab left-over then
use the currency that gives more Nisaab left-over meaning one fifth
more and do not use the other currency that does not add up to the
extra Nisaab [Durr-e-Mukhtar, Bahar].
Calculation for goods more than the Nisaab
Rule: If you have more goods than the Nisaab threshold and the extra
is one fifth more then Zakat is necessary on this extra amount. For
example, for silver after 620 grammes (which is the Nisaab), then
you have to pay Zakat on every 124 grammes above the threshold as
this is one fifth of the threshold and therefore an extra 3.15
grammes have to be given in Zakat. In the same way for gold after
the Nisaab of 88 grammes you have to pay Zakat on every 17.6 grammes
of gold which would mean an extra Zakat of 0.45 grammes. If the
extra did not amount to an additional fifth then Zakat is not
applicable on the extra amount, meaning if you had 105 grammes of
gold then Zakat is only payable on the Nisaab which is 88 grammes
and the rest would not be payable as it does not add up to one fifth
and hence the Zakat on the extra 17 grammes is not payable and the
same applies to silver and other goods or money [Durr-e-Mukhtar,
Alamgiri, Qazi Khan].
Rule: If you had both gold and silver and they both add up to the
Nisaab separately then you cannot add the amount together'and give
Zakat on the total amount (for example, you had 88 grammes of gold
and 620 grammes of silver then you cannot add them both up to 708
grammes and then give Zakat on the amount as silver) but you have to
give Zakat on them separately as separate items. Although if you
wished you can pay the Zakat in one item (meaning if you wanted you
could pay it all in gold) but you must pay it in the amount which
would be better for the receiver and which is worth more.
Rule: If you have gold and silver but neither of them reach the
threshold then calculate both of them and add them together and make
either the gold Nisaab or the silver Nisaab. If then the Nisaab
still does not complete then no Zakat is necessary. If the silver is
converted to the value of gold or the gold is converted to the value
of silver and then when mixed the Nisaab is completed, then Zakat is
necessary and if silver makes the Nisaab and the gold does not then
Zakat is necessary on silver.
If both conversions make the Nisaab
then it is upto you, to which you give Zakat for. However, if one
conversion makes the Nisaab and exceeds another fifth of it then it
is necessary to give Zakat on this conversion. For example, you had
300 grammes of silver and 60 grammes of gold, when you converted the
gold value the Nisaab of silver completes but if you try it the
other way then the Nisaab of gold does not complete, in which case
it is necessary to give Zakat after converting it to the Nisaab
value of silver. If the Nisaab value reaches both but the silver
reaches the value of 756 grammes of silver (Nisaab plus one fifth)
and the gold does not reach 105.6 grammes, then it is necessary to
give Zakat on the value of the silver. In the same way if you had
many Nisaabs and none of the extra was individually reaching, an
extra fifth of the Nisaab, then add the extra amount of the Nisaabs
together and then if it adds up to a fifth extra of one Nisaab then
you have to give Zakat on this and if it does not reach to a fifth
on any Nisaab then no Zakat is necessary on the extra amount [Durr-e-Mukhtar,
Radd-ul-Mohtar, Bahar].
ZAKAT ON SAIMA ((ANIMALS)
Definition of Saima
Zakat is necessary on three types of animals that are Saima, i.e.
camels, cows and goats. Saima is those animals who spend most of the
year grazing and their purpose is to gain milk or their young or
just to keep [Tanweer, Bahar]. If hay or grass is brought to them in
your home or the animals are used to shift loads or carry loads or
are used for travelling on, then even if they graze, they are not
Saima and their Zakat is not necessary. In the same way if they are
kept to eat meat then Zakat is not necessary even if the animal
grazes in the wild. If the animal is for sale and is kept to graze,
then this is also not Saima, however, the value is to be calculated
as business goods and the Zakat is to be given as normal [Durr-e-Mukhtar,
Radd-ul-Mohtar, Bahar].
Zakat on Camels
Zakat is not necessary on less than five camels. When you have five
or more than five but less than twenty-five, then on every five
camels one goat is given as Zakat. Therefore if you have five then
one goat is to be given and if you have ten then two are given etc
etc [Hidaya, Durr-e-Mukhtar].
Rule: The goat that is given in Zakat is not to be less than one
year old. The goat can be male or female, the choice is yours [Radd-ul-Mohtar].
Rule: If you have more than one Nisaab but less than two Nisaabs
(more than five but less than ten) then Zakat on the extra amount is
forgiven and is not necessary, meaning if you had seven or eight
then only the one goat is necessary [Durr-e-Mukhtar].
Rule: If you have twenty-five camels then one small camel is given
that is more than one year old and less than two years old, the same
rule applies to upto thirty-five camels, meaning one small camel. If
you have between thirty-six and upto forty-five then one camel more
than two year's old is to be given. If you have between forty-six
and upto sixty then one camel that is more than three year's old. If
you have between sixty-one and upto seventy-five then one camel that
is more than four year's old is to be given. If you have between
seventy-six and upto ninety then two camels that are older than one
year's old are to be given as Zakat.
If you have between ninety one
and upto one-hundred and twenty then you must give two camels older
than two year's old. For more than one hundred and twenty upto one
hundred and forty five then you must give two camels older than
three year's old and one goat for every five extra. For example, if
you have one hundred and twenty five then you give two camels (older
than three year's old) and one goat, the same amount of camels are
given for one hundred and thirty but two goats etc. Then if you have
one hundred and fifty then give three camels (older than three years
old).
Zakat on Cattle
Rule: If you have less than thirty cows then Zakat is not necessary.
When you have thirty then the Zakat is one calf older than one year.
If you have forty then the Zakat is one calf older than two year's
old. This rule applies to upto fifty nine cattle. On sixty cattle
the Zakat is two calves older than two year's old. Then the rule is
on every thirty one calf one year old and on every forty one calf
two year's old. For example on seventy you would give two calves one
calf that is one year old and one calf that is two year's old. For
eighty you would give two calves that are both two year's old
etc.etc.
Rule: The same rule applies to cows and buffaloes and if you have a
mixture, then they would be added together. For example, if you have
ten cows and twenty buffaloes then Zakat would have to be given. The
Zakat given is the calf of the animal that there is more in
quantity, e.g. if you have more cows than buffaloes then a calf of a
cow would be given. If the amount is equal then the calf of the
animal is given that is worth more in value [Alamgiri].
Zakat on Sheep and Goats
If you have less than forty sheep or goats then Zakat is not
necessary. Between forty and one hundred and twenty then you would
give one goat or sheep, meaning regardless of the quantity between
this figure, only one goat is sufficient. Two goats are given for
the quantity between one-hundred and twenty one and two hundred.
Then upto between 201 and 300, three goats are to be given. Between
301 to 400, four goats are given in Zakat. Then for every hundred
extra one extra goat is given and for any goats that are between the
hundred mark, then there is no extra Zakat.
Rule: The choice is yours as to whether you give a male or female,
however it is necessary that the animal is not younger than one year
old. If this is the case then the value of a one year old goat would
have to be given [Durr-e-Mukhtar, Bahar].
Lamb, sheep or goat are
all regarded as the same and if you do not have a complete set of
one kind then they are to be mixed together and you can give sheep
or lamb in Zakat but they must be older than one year [Durr-e-Mukhtar].
If someone has a mixture of camels, cattle and goats but none
complete their individual Nisaabs then there is no need to add them
together and Zakat is not necessary.
Rule: If you have horses, donkeys or mules then even if they are for
grazing they are not Saima. If they are for business then they would
be treated as business stock and one fortieth is to be given on
their value.
ZAKAT ON CROPS AND FRUIT
Which ground is regarded as Ushr (one tenth) and as Nisf Ushr (One
twentieth) ?
The Holy Prophet Sallallaho Alaihi Wassallam has stated that the
ground that has rainfall falling on it or has a stream of water
wetting the ground or is looked after by water from a river or
stream then it has to be given in Ushr (one tenth of the crops to be
given to charity) and the ground that has to be given water where
the water is brought to the ground on an animal etc. then that has
to be given as Nisf Ushr (one twentieth of the crops to be given) [Bukhari
etc.].
Rule: The farming ground that is watered by rainwater or from a
stream then Ushr has to be given i.e. one tenth of the crops have to
be given. If the farming ground is watered for some days by natural
water and some days from brought water in buckets etc. then if more
of the days is used using the natural water and a few days from
water in buckets then Ushr is Wajib, otherwise Nisf Ushr [Radd-ul-Mohtar,
Durr-e-Mukhtar].
Rule: Land that has been given on rent for farming then the Ushr is
upon the farmer to give [Radd-ul-Mohtar].
Rule: If Ushr land has been divided between the cultivator and the
landlord then the Ushr has to be paid by both of them. If the land
is a taxable source then the tax has to be paid by the landowner [Radd-ul-Mohtar].
Different types of land
Rule: There are three types of land;
1. Ushri
2. Taxable (Khiraji)
3. Non Ushri and non taxable.
It is necessary to give tax on land that is taxable. It is necessary
to give Ushr on land that is Ushri or land that is non Ushri and non
taxable. Ushri land is that land where it is necessary to give Ushr,
meaning whatever grows one tenth of it and taxable land is that land
where tax has to be given, meaning that much tax which the king of
Islam has fixed, whether it be fixed as a percentage of the crops
e.g. one quarter or one third or half or a fixed amount e.g. ten or
twenty rupees per acre or something similar to what Hazrat Umar
Farooque had fixed.
Rule: If you are aware of what the railing Islamic sultanate has
fixed then give that much as long as it is not more that what is
fixed in the Hadith by Hazrat Umar Farooque, and where there is no
fixed amount mentioned in the Hadith then no more than half of the
crops are to be given and it is also a condition that the land is
capable of growing the crops [Durr-e-Mukhtar, Radd-ul-Mohtar].
Rule: If you are hot aware of what the Islamic Sultanate has fixed
then give what has been fixed by Hazrat Umar Farooque and if this is
not known then give half [Fatawa-e-Razvia].
Rule: Where there is no Islamic Sultanate then people there should
themselves spend on the poor and needy and those who themselves have
to rely on tax [Bahar-e-Shariat].
Rule: The land in India is not regarded as taxable unless a
particular land is proven to be taxable according to Shariat [Bahar-e-Shariat].
For whom and for what is Ushr necessary ?
Rule: It is not a condition to be an adult or to be sane for Ushr to
be necessary. Whatever grows on land which is owned by a child or an
insane person has to be still given Ushr [Alamgiri, Bahar]. If the
person whom Ushr is necessary upon dies and the cultivator is
present then the Ushr will be taken off him [Alamgiri, Bahar]. Rule:
It is not a condition for Ushr that a whole year has to pass, in
fact if in one year in one piece of land crops have grown many times
then Ushr has to be given every time [Durr-e-Mukhtar, Radd-ul-Mohtar].
Rule: Nisaab is not a condition for Ushr, if even on Sa'a is grown
the Ushr must be given [Durr-e-Mukhtar, Radd-ul-Mohtar].
If honey is
made on Ushri land or on mountains or in the wild then Ushr is
necessary on it and in the same way Ushr is necessary on honey that
is taken from flowers from the mountains or from the wild, the only
condition is that the king of Islam has made necessary precautions
for that honey to be protected from poachers, thieves or robbers,
otherwise it is not necessary to give Ushr [Durr-e-Mukhtar,
Radd-ul-Mohtar]. Ushr is necessary on wheat, barley, corn, oat, rice
and all types of linseed, safflower, walnuts, nuts and all types of
fruit, cotton, flowers, sugarcane, melon, watermelon, eggplants and
all types of vegetables whether a little or a lot has been grown [Alamgiri,
Bahar]. Whatever grows in a house or mausoleum (shrine) is neither
Ushri or taxable [Durr-e-Mukhtar, Radd-ul-Mohtar]
Land that qualifies as Ushri or Taxable (Khiraji)
Rule: If a Muslim has made a garden in their house and gives Ushri
water to it then the land is regarded as Ushr and if taxable water
is given then the land is regarded as taxable. If both types of
water is given then the land is regarded as Ushri. If a settler (non
Muslim) has made a garden in his house then the necessary tax will
be taken. Water from the skies, a well, streams, sea etc. is all
regarded as Ushri water. If a pool is dug by immigrants then that is
regarded as taxable. If infidels had dug a well and it is now in the
hands of Muslims or it was dug on taxable land then the water is
taxable (Khiraji) [Alamgiri, Durr-e-Mukhtar].
Rule: There are many ways a land is regarded as Ushri, for example,
if Muslims won the battle and the land was distributed between the
Mujahideens or the landowners themselves converted to Islam. A
battle did not occur and some land which was not being used was next
to some Ushri land that was taken into farming or that land was
given some Ushri water, all the above conditions means that the land
is Ushri, there are also other reasons which make the land Ushri and
you will find these in larger books.
Rule: There are many ways where land is also regarded as taxable (Khiraji),
for example, Muslims won the battle and gave that land to the
inhabitants as a favour or gave it to other infidels or that country
came into a peace agreement with Muslims , or an immigrant bought
Ushri land off Muslims or used Khiraji water on Ushri land then in
all these cases the land will be regarded as Khiraji. There are also
other reasons where land is regarded as Khiraji.
Rule: If Khiraji land is watered with Ushri water, the land will
still remain as taxable.
Rule: The land that is not regarded as Ushri or Khiraji is for
example, land that has been won in battle by Muslims and is kept
until the day of judgement by Muslims or the owner of a piece of
land dies and the land is given in Bait-ul-maal, then in these
situations the land is not Ushri nor taxable.
Tax is not counted by giving it to the government -Where can tax (Khiraj)
be given ?
Rule: The money that is given to the government for day to day
living cannot be counted as Khiraj tax. The tax will remain the
responsibility of the owner and it is necessary to give it. The tax
is hot only given to the soldiers of Islam but all Muslims, where
there is a Mosque being built or for the running of the Mosque or
for the salary of the Imam or Mo'azzin or for the students learning
Islamic knowledge or for the assistance of the scholars of Islam.
Those scholars that give speeches and assist in teaching scholars of
Islam and those scholars that remain busy in writing fatawas and for
causes such as building bridges or roads etc. tax can be given to
all the above reasons [Fatawa-e-Razvia].
WHOM CAN ZAKAT BE GIVEN TO ?
Who is a poor person and is defined as a pauper
Rule: There are seven types of people who can accept Zakat;
1. Faqir - poor person
2. Misqueen - Beggar 3 Aamil (Designated Person)
3. Aamil (Designated Person)
4. Riqab - Slave
5. Gharim - Person in debt
6. Fee-Sabeelillah - Spent in the path of Allah
7. Abn-isabeel - Traveller
Who should be given preference when giving Zakat
Rule: It is better when giving Zakat, Sadaqa etc. that it should be
given to your own brothers and sisters, then to their children, then
to your paternal uncles and aunts and then to their children, then
to your maternal uncles and aunts and then to their children and
then to people living in your home village or town [Johra, Alamgiri
etc.]. It is quoted in the Hadith Sharif that Allah Ta'ala does not
accept those people's Sadaqat whose relatives are in need of it and
they give the money to others [Radd-ul-Mohtar].
Rule: It is not allowed to give Zakat to Bad Mazhabs i.e. people who
belong to a wrong sect [Durr-e-Mukhtar]. In the same way it is not
allowed to give Zakat to those renegades who claim to be Muslims
from their mouths but lower the dignity of Allah and His beloved
Prophet or reject other obligatory beliefs of Islam [Bahar etc.].
Who can beg or ask for financial help
Rule: That person who has food for today or has the strength to go
out and earn then it is not allowed for him to beg and if someone
gives him food or money without him asking for it then he is allowed
to take it. If a person has food but does not have clothes to wear
then he can beg for them. If a person is going or is involved in
Jihad or is a student learning Islamic knowledge then they can beg
for assistance even though they may be healthy enough to earn for
themselves. Just as it not allowed for people to beg, it is not
allowed for people to give them aid when they beg for it as the
giver will also be committing a sin [Durr-e-Mukhtar, Bahar].
SADAQA AND FITRA
The Holy Prophet Sallallaho Alaihi Wasallam has stated that ' a
servant's fast remains stuck between the earth and sky until he
gives Sadaqa-e-Fitra [Delami, Khateeb, Ibn-e-AsaakarJ.
Rule: Sadaqa -e-Fitr is Wajib and the time to give it is the whole
lifetime, meaning if you have not given it then give it now as the
responsibility will not go away until it is given and when giving
it, it will not count as Qaza, but will remain as Adaa, even though
it is Sunnat to give it before the Eid Namaz [Durr-e-Mukhtar, etc.].
Rule: The Sadaqa-e-Fitr becomes Wajib on Eid morning from the break
of dawn, and therefore if a person dies before the break of dawn on
Eid day or becomes a Faqir then the Sadaqa will not become Wajib for
them [Alamgiri].
Rule: After the dawn has broken on Eid day then a child is born or
an infidel becomes a Muslim or a Faqir becomes rich then the
Sadaqa-e-Fitr does not become Wajib for them [Alamgiri].
Rule: If before the dawn has broken on Eid day a child is born or an
infidel becomes a Muslim or a Faqir becomes rich then Sadaqa-e-Fitr
is Wajib upon them [Alamgiri].
Rule: If a person dies after dawn has broken then Sadaqa-e-Fitr
becomes Wajib upon them [Alamgiri].
Rule: Sadaqa-e-Fitr is Wajib upon all Muslims who are free (not a
slave) and are the owners of Nisaab (i.e. additional to the basic
necessities), in this to be sane and be an adult is not a condition
nor is it a condition for the goods or money to be within your
possession for over a year [Durr-e-Mukhtar].
Quantity of Sadqa-e-Fitr
The quantity of Sadqa-e-Fitr is half a Sa'a of wheat or it's flour
or instead of this half a Sa'a of it's mixture with barley, or one
Sa'a of dates or raisins or barley or it's flour or instead of this
one Sa'a of it's mixture [Hidaya, Durr-e-Mukhtar, Alamgiri etc.}.
Rule: It is better to give the flour of wheat or barley rather than
the grains and it is better than that to give the monetary value,
whether you give the value of wheat, barley or dates. However,
during a price war or famine it is better to give the goods than
money. If money is given for bad wheat then subsidise the rest of
the money with the money of good wheat [Radd-ul-Mohtar].
The weight of a Sa 'a
After great study and analysis it is suggested that the price at
present (however, this can increase) two pounds and fifty pence
(£2.50) The price of half a Sa'a is one pound and twenty five pence
(£1.25). One Sa'a is four pounds and six and a half ounces (4lb,
6.5ozl and half a Sa'a is two pounds and three and a quarter ounces
(2lb 3 25 ozi For the sake of ease it is better to give four and a
half pounds of (4 5lb) barley or dates or two and a quarter pounds
(2.25lb) of wheat for each person as Sadqa-e-Fitr.
Who should be given Sadqa-e-Fitr ?
The same people qualify for giving Sadqa-e-Fitr as those who qualify
for giving Zakat to except for an Aamil An Aamil can be given Zakat
but not Sadqa-e-Fitr [Durr-e-Mukhtar, Radd-ul-Mohtar].
QURBANI - (SACRIFICE)
Definition of Qurbani
Qurbani is a worship with goods and is Wajib upon every rich person.
To sacrifice a specific animal on a specific day for the sake of
Allah for the intention to gain reward is called a Qurbani. Qurbani
is Wajib upon every Muslim who is not a traveller and is the owner
of Nisaab and is a free person.
Who is Qurbani Wafib upon ?
Rule: Just as Qurbani is Wajib upon all males it is also Wajib upon
all females [Durr-e-Mukhtar, etc]. Rule: Qurbani is not Wajib upon a
traveller, however, if he wishes to perform it voluntarily, then he
can do so and will gain reward [Durr-e-Mukhtar, etc]. The owner of
Nisaab means to have as much goods in addition to the basic
necessities an amount of two hundred Dirhams (approx. £300-£400) [Durr-e-Mukhtar,
Alamgiri, etc.].
Rule: Whoever has two hundred Dirhams or twenty Dinars in addition
to the basic necessities or is the owner of goods that equal to two
hundred Dirhams etc. then according to Shariat that person is rich
and Qurbani is Wajib upon them [Alamgiri etc.].
Time of Qurhani
The time of Qurbani is from the break of dawn of the 10th of Zil
Hajj to sunset on the 12"1 of Zil Hajj, meaning three days and two
nights. However, it is better to perform it in the morning of the
10"1, then 11th, then 12th.
Rule: If the Qurbani is performed in a city then the condition is
that it is performed after the Eid Namaz and because there is no Eid
Namaz in villages and outskirts then it can be performed after the
break of dawn.
Rule: It is necessary to perform Qurbani at the time of Qurbani,
therefore, if that much money or the same amount of goods to the
value of an animal is given then the responsibility of Qurbani will
not be fulfilled [Alamgiri etc.].
Rule: If the time of Qurbani has passed then a Qurbani can no longer
be performed and if you had purchased an animal for Qurbani then
give it as Sadqa or give the amount of money equivalent to the value
of a goat as Sadqa [Darr-e-Mukhtar, Alamgiri, etc.]
Rules of Qurbani
Once the conditions of Qurbani are fulfilled (as mentioned above),
then to sacrifice one goat or sheep or lamb or one seventh of a
camel, cow, buffalo is Wajib and no less than this can be performed.
If a person's share of a large animal is less than one seventh then
their share of the Qurbani will not count (meaning, if eight people
are jointly sacrificing one large animal then only seven of these
people's Qurbani will count). If there are less than seven people
jointly performing Qurbani and the parts divided are equal to at
least one seventh per person then the Qurbani will count.
Rule: Every person that is jointly performing Qurbani have to make
the htention that they are doing it to gain reward and not just to
gain the meat and therefore a person wanting to perform an Aqueeqa
can also join in as this is done to gain reward [Radd-ul-Mohtar].
Method of performing Qurbani
The animal that is going to be sacrificed should be fed and given
water. The knife that is going to be used should be sharpened
beforehand, but not in front of the animal. The animal should be
laid on it's left side with it's face pointing towards the Qibla and
the person slaughtering the animal should put their right foot on
the animal and quickly slaughter the animal using a sharp knife.
Before slaughtering the animal, this Dua should be prayed;
"Inni Wajjahto Waj'hiya Lillazi Fataras Samaawaat'e Wal'arda Hanifaw
Wamaa Anaa Minal Mushrikeena, inna Salaati Wa Nusooki Wa Mah'Yaaya
Wa Ma'maati Lillahi Rabbil Aalameen. Laa Shareeka Lahu Wa Bizaalika
Umirtu Wa Anaa Minal Muslimeena Allahumma Laka Waminka Bismillahi
Allahu Akbar".
As soon as you finish praying the Dua, start cutting with the knife.
If the Qurbani is from yourself then after slaughtering pray this
Dua;
"Allahumma Taqabbal Minni Kamaa Taqabbalta Min Khaleelika Ibraheema
Alaihis Salaam Wa Habeebika Muhammadin Sallalaho Alaihi Wasallam"
When slaughtering cut all four veins (in the throat) or at least
three veins and so that the knife reaches the back of the throat and
it should not be cut more than that as it would cause unnecessary
pain for the animal. As soon as the animal goes cold then cut the
feet and take off the skin. If you have slaughtered the animal on
behalf of someone then at the point where you pray "Minni" pray "Min
Falaa" (meaning their name). If the animal is bought jointly and
there are more than one person involved in the partnership of the
animal such as a cow, camel, buffalo etc. then all their names
should be said in place of 'Falaa'.
Rule: If someone else is performing the slaughter for you then it is
better to be present.
Rules of meat and the skin
If the animal is bought jointly then the meat should be weighed and
equally distributed. It should not be divided roughly because if it
is divided un-equally then even if the person receiving less,
forgives them it will not be forgiven as the right is as per Shariat
[Radd-ul-Mohtar, Bahar]. Then split your share into three parts and
give one third to the poor as Sadqa, one third to your relatives and
one third for yourself and eat the meat yourself and give some to
your wife and children. If you have a lot of children and a large
family then you can keep all the meat for yourself and if you so
wish you can give all of it to Sadqa, however, it is better to keep
one part of yourself.
Rule: If you have performed a Qurbani on behalf of a deceased person
then the rule of the meat is the same, however, if the deceased had
requested for the Qurbani then give all the meat away as Sadqa.
Rule: If the Qurbani is from a deceased person then the meat cannot
be eaten by yourself nor Can it be given to a rich person, but it is
Wajib to give all the meat away as Sadqa [Bahar].
Rule: It is Mustahhab for the person performing the Qurbani to eat
the Qurbani meat as the first food of the day [Barraur-Raiq].
Rule: The meat of the Qurbani should not be given to infidels.
Rule: The animal's skin, reins, saddle etc. should all be given in
Sadqa. You can use the skin for yourself and make something out of
it e.g. a leather bag or a mat for praying Namaz on. However, you
cannot sell the skin and use the money for yourself, if this is done
then the money has to be given as Sadqa [Durr-e-Mukhtar,
Radd-ul-Mohtar].
Rule: Nowadays people usually give the skins to Madressas, this is
allowed and if you sell the skin with the intention to give the
money to the Madressa then this is also allowed [Alamgiri, Bahar].
Rule: The meat of the Qurbani cannot be given to the person
performing the Qurbani or skinning the animal as labour or salary.
If however, you give it as a gift as you would do to friends then
this is acceptable, but you cannot include it as a form of payment
for his work [Hidaya etc.]. Rule: There are many places where the
skin is given to the Imam. This should not be given as part of his
salary but can be given as a gift or assistance [Bahar-e-Shariat].
Which animals can be used for Qurbani
Animals for Qurbani - Camel, cow, buffalo, goat, ewe (male or
female), can all be used for Qurbani [Alamgiri].
Rule: Wild animals such as deer, white antelope, reindeer cannot be
used to perform Qurbani. Rule:
Age of a Qurbani Animal
Rule: A camel must be at least five years old, a buffalo must be at
least two years old and a sheep or lamb or goat at least a year old.
If they are younger than this then the Qurbani will not count.
However, if a lamb or a eunuch's young is so big at six months that
by looking at it from a distance it looks to be a year old then it
can be used for Qurbani [Durr-e-Mukhtar].
What should a Qurbani Animal be like ?
Rule: A Qurbani animal should be big and healthy and should not have
any faults. If there is a small fault with the animal then the
Qurbani will count but is Makrooh and if there is a big fault then
the Qurbani will not count [Durr-e-Mukhtar, Radd-ul-Mohtar. Alamgiri].
Rule: If a bull has no horns from birth then it is allowed and if
the horns have been broken upto the root then it is not allowed to
use it for Qurbani and if they are a little broken then it is
allowed [Alamgiri, etc.]. Rule: A blind, lame, cross-eyed, mad,
cut-ears, cut-tailed, toothless, cut-teats, dried teats, cut nosed,
deaf from birth, a hermaphrodite (where an animal's both sexual
organ's exist), an animal that only eats impurities then all of
these animals cannot be used for Qurbani [Durr-e-Mukhtar, Bahar].
Rule: If the illness is small and the lameness is not that bad so
that the animal can walk upto the slaughter-house or the ears, nose
etc. are less than a third cut then the animal can be used for
Qurbani [Durr-e-Mukhtar, Hidaya, Alamgiri].
Rule: If when performing the Qurbani the animal jumped and shook and
due to this it became faulty then there is no harm [Durr-e-Mukhtar,
Radd-ul-Mohtar].
Rule: If you performed a Qurbani and found that there is a live born
inside then that should also be slaughtered and can be made use of,
and if the young inside is dead then it should be thrown away [Bahar-e-Shariat].
Rule: If after purchasing and before the Qurbani the animal give
birth then the new-born should also be slaughtered and if it is sold
then the money should be given away as Sadqa and if it is not
slaughtered before the Qurbani then give it away live as Sadqa [Alamgiri,
Bahar].
NOTICE: Just look at our master and king the Holy Prophet Hazrat
Muhammad Mustapha Sallallaho Alaihi Wasallam's big heart and concern
that he made a Qurbani on behalf of his Ummat and thought of us,
therefore, if a Muslim can then they should perform an additional
Qurbani on behalf of the Holy Prophet then it would be a very good
and fortunate act [Bahar-e-Shariat].
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