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].m'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
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