38.0 CHAPTER PAYMENT OF ZAKAT
It is wajib to pay it immediately if one is able; except when prevented by circumstance.
“Chapter: Payment of Zakat”: That is, zakat on wealth. We return to this as the chapter is regarding zakat of which zakat al-fitr is a type.
“It is wajib to pay it immediately”: It should be paid immediately after the completion of a year. There should be no unnecessary delay in the payment of zakat. Allah says: {And give zakat.} (Al-Baqarah: 110) This is a command. The asl (foundational principle) of a command is that it is carried out instantly Delaying it is not permitted unless there is evidence to the contrary Immediate payment allows one to discharge his duty as it may trouble his conscience if not. It is wajib for him to expedite the payment of zakat and free himself of the responsibility. He should strive to do so whenever possible.
“If one is able”: If he is unable to pay immediately, for instance if the money is lost or if he cannot find a needy person in his location and thus, he delays the payment in order to seek out the needy people who are deserving of receiving zakat. The delay was due to a valid reason and therefore it is allowed.
“Except when prevented by circumstance”: Except when a predicament prevents the immediate payment of zakat. He may delay until the predicament is lifted and then pay the zakat without any further delay.
If he refuses to pay and denies that it is wajib, he has disbelieved while he knows the ruling. Zakat is taken from him by force and he is executed. If he refuses to pay due to his miserliness, then it is taken from him and he is reprimanded.
“If he refuses to pay”: He refuses to pay zakat due to his denial that it is wajib. Even if he pays zakat but claims that it is non-mandatory, he has also disbelieved because of it. He has rejected Allah, the Messenger of Allah(pbuh) and the community of Muslims. He has believed in a fundamental Islamic law that has to be known by all Muslims. Hence, there is no doubt regarding his apostasy. However, he is not proclaimed as a disbeliever for there is a slim chance that he was unaware of the ruling pertaining to zakat. In this case, he is taught that zakat is one of the pillars of Islam and that it is obligatory upon Muslims. If he still maintains that it is not an obligation even after being made aware of it, he is proclaimed an apostate. He is given an opportunity to repent failing which he is executed because of his apostasy.
“Zakat is taken from him by force and he is executed”: It is taken from him by force as zakat is the right of the poor and the needy. His obligation to pay zakat is not absolved due to his refusal to pay it nor is the right of the poor and needy absolved as a result of his refusal. If he continues to refuse to pay even after being made aware of its obligation and the evidence to support it, then zakat is forcibly taken from him and he is executed if he does not repent to Allah.
“If he refuses to pay due to his miserliness, then it is taken from him and he is reprimanded”: If he refuses to pay zakat due to his miserliness, even though he admits that it is an obligation upon him, then he is urged to pay it. If he does not do so, then the ruler shall forcibly take it from him as zakat is an obligation upon him which is due for the benefit of others. The ruler resorts to seeking justice against the transgressor. He seeks the rights of the poor from the transgressor’s wealth, which he refused as a result of his miserliness.
“And he is reprimanded”: He is punished for not paying zakat with a jail sentence, flogging or other forms of punishment. This is because he has gone against Allah and His Messenger by committing a sin. Hence, he is reprimanded as a deterrent measure.
If a powerful person admits that zakat is wajib but refuses to pay due to his miserliness, then he must be fought against until he pays. Abu Bakr al-Siddiq and the Companions who were with him waged war on those who refused to pay zakat after the death of the Prophet(pbuh). He fought them until the zakat was paid. This is because zakat is from the pillars of Islam and an apparent symbol. Furthermore, it is a right of the poor and needy to receive it.
A painful torment lies ahead for those who refuse to give zakat. Allah says: {And those who hoard gold and silver and spend it not in the way of Allah – give them tidings of a painful punishment. The Day when it will be heated in the fire of Hell and seared therewith will be their foreheads, their flanks, and their backs, [it will be said], “This is what you hoarded for yourselves, so taste what you used to hoard.”} (Al-Tawbah: 34-35) This passage refers to those who refuse to pay zakat for gold and silver. As for those who refuse to pay zakat for camels, cows and other livestock, “Those animals will be brought on the Day of Resurrection and they will trample him with their hooves and bite him with their mouths. As often as the last of them passes him, the first of them would be made to return during a day the extent of which would be fifty thousand years, until judgment is pronounced among the servants.” (Reported by Muslim (3/70-71) from the narration of Abu Hurairah.)
Those who refuse to pay the zakat for gold and silver will have it heated in the fire of hell, then their foreheads and their sides and their backs shall be branded with it, as mentioned in the ayat above. This will take place on a day which has the duration of fifty thousand years. The punishment is continuously meted out until all of mankind has been judged by Allah to enter either Paradise or Hellfire. (Reported by Muslim (3/70-71) from the narration of Abu Hurairah.)
Another punishment for refusing to pay zakat on gold and silver is, “His wealth will be made into a bald snake full of venom and it will curl around his body and bite him, injecting venom for a duration of fifty thousand years.” (Reported by al-Bukhari (2/132), (6/49) from the narration of Abu Hurairah.)
Allah says: {And let not those who [greedily] withhold what Allah has given them of His bounty ever think that it is better for them. Rather, it is worse for them. Their necks will be encircled by what they withheld on the Day of Resurrection.} (Ali ‘Imran: 180)
The Prophet(pbuh) explained that the encircling mentioned in the ayah above is the clinging of the snake to one’s body as described in the hadith above. This is the torment if one refuses to pay zakat. We seek refuge in Allah from it.
It is wajib upon the wealth of a child and the mentally ill. The guardian pays it on their behalf. It is not permissible to pay zakat without the intention. It is best that he distributes it by himself while both the giver and recipient utter phrases that have been reported.
“It is wajib on the wealth of a child and the mentally ill”: Zakat is wajib on the child’s wealth as well as that of the lunatic. One who has not attained puberty is termed a child. A mentally ill individual is one who is possessed or has lost his senses. Zakat is wajib on both of these two categories of people because it is connected with wealth and does not depend on the intellect or maturity of the person giving it.
“The guardian pays it on their behalf”: On behalf of the child and the mentally ill.
“It is not permissible to pay zakat without the intention”: The giving of zakat is an act of worship. All acts of worship are considered null and void without an intention as mentioned by the Prophet in the hadith, “Verily all deeds are with intention and verily for each person is what he intended.” (Reported by al-Bukhari (1/2,21), (3/190), (5/72), (7/4), (8/175), (9/29) and Muslim (6/48) from the narration of ‘Umar ibn al-Khattab.) For instance, if a man gave away money or food to the poor as charity and he did not intend it as zakat. If he decides to change his intention after having distributed the money or food, then this is not permissible. The intention should have been made at the time of distribution, not later. An act of worship is not valid without niyyah (intention) at the time it is executed.
“It is best that he distributes it by himself”: This is to ensure that the money or food reaches the genuinely poor and needy. Furthermore, greater rewards can be earned when one distributes the zakat himself. This distribution is also an act of worship and is a means of drawing closer to Allah. In fact, Allah commands the person giving zakat to do so himself and not to appoint others to do so on his behalf. He says: {And give zakat.} (Al-Baqarah: 110) He should manage the distribution of his zakat himself so that he can reassure himself that it was carried out completely. He will also be able to remove any fear that some portion of the zakat remained undistributed. He will be sure that it reached deserving recipients as outlined in Islamic law. This is the best way to ensure the discharge of one’s duty pertaining to zakat with the added benefit of being rewarded for the hard work exerted. The distribution of zakat is a pious deed.
It is however permissible to appoint someone else to do it on one’s behalf. He may seek the help of a Muslim who is very able in distributing zakat to the needy. This is because zakat is the distribution of wealth which permits others to represent him in carrying out the act.
“While both the giver and recipient utter phrases that have been reported”: It is mustahabb that the giver and the recipient utter the supplications that have been authentically reported from the Messenger of Allah(pbuh). The recipient in this case can refer to the deputies sent by the ruler to collect zakat on behalf of the state. It is mustahabb for the giver to say, “Allahumma ij’alhah maghnaman wa la taj’alhah maghraman” (O Allah! Let it be a means towards riches and do not let it be a means towards debt). (Reported by Ibn Majah (1797) from the narration of Abu Hurairah and it is a marfu narration.) The recipient says, “Taqqaballala allahu minka ma a’tayt baraka laka fima abqayt wa ja’alahu laka tahuran (May Allah accept what you have given and may He bless that which remains with you. May He purify it for you).
The Prophet(pbuh) used to supplicate and seek Allah’s blessing for those who gave charity. (Reported by al-Bukhari (2/159), (8/90, 95-96) and Muslim (3/121) from the narration of ‘Abdullah ibn Abi Awfa.) Allah said: {Take [O Muhammad], from their wealth a charity by which you purify them and cause them increase, and pray for them.} (Al-Tawbah: 103) “Pray for them” here means to supplicate for them. Prayer in linguistic terms is in fact supplication. So, one should supplicate that the giver’s charity is accepted by Allah and that He blesses him for it. One should also seek Allah’s forgiveness for them. This is the Sunnah.
It is best to distribute zakat on wealth to poor people who are his countrymen. It is not permissible to distribute it in areas where shortening of the prayer comes into effect. If one does so, it is nevertheless accepted. Unless he lives in a country where there are no needy folk. He may distribute it in the nearest country to him. If he lives in a country and his wealth is in another country, he should distribute zakat on the wealth in its country of location while zakat al-fitr is distributed in the country of his residence.
“It is best to distribute zakat on wealth to poor people who are his countrymen”: They have more right to it as they have personally seen the wealth due to them. They have the priority to receive the zakat of their countryman. Mu’adh narrated a hadith of the Prophet(pbuh)where this is emphasized. He said, “Inform them that Allah has made it obligatory upon them to give charity which is taken from their rich and given to their poor.” (Reported by al-Bukhari (2/130, 158), (5/205-206) and Muslim (1/37) from the narration of Ibn ‘Abbas.) So, the basic instruction is to give zakat on wealth to fellow Muslim countrymen who are needy.
“It is not permissible to distribute it in areas where shortening of the prayer comes into effect. If one does so, it is nevertheless accepted. Unless he lives in a country where there are no needy folk. He may distribute it in the nearest country to him”: It is permissible to give it in a neighboring land where the shortening of prayer does not come into effect due to its close proximity. So close that they may even be considered as one land. Distributing the wealth in a land where shortening of prayers comes into effect (i.e. the prayer would be shortened if the individual travelled there) is not allowed. One may do so if he has no other choice as when there are no needy folk where he lives or the neighboring lands so much so that he has to distribute it in a faraway country. Transferring zakat to distant countries where there are needy folk is permitted if no better alternative is available. However, if there are needy folk within his country, he must give priority to them when distributing zakat.
“If he lives in a country and his wealth is in another country, he should distribute zakat on the wealth in its country of location while zakat al-fitr is distributed in the country of his residence”: That is, those whose wealth has attained the nisab or more than that. Hence it becomes obligatory for them to give two types of zakat. the zakat due on wealth and zakat al-fitr. The latter is distributed in the country in which he resides for this is most apt for this type of zakat. Zakat on wealth on the other hand is distributed in the country in which it is located for his wealth is based there.
Paying zakat in advance is permissible for a two-year period or less but not recommended. “Paying zakat in advance is permissible for a two-year period or less but not recommended”: Zakat is not wajib until after the completion of a year as mentioned by Allah: {And give its due on the day of its harvest.} (Al-An’am: 141) That is, when one possesses the wealth for a whole year. It is permissible to give zakat before the completion of a year. This is known as “ta’jil” in Arabic. It is permissible to make the zakat payment in advance before even possessing the wealth for a whole year if there is a dire need to do so. The Prophet(pbuh) received the zakat of two years in advance from his uncle al-’Abbas. (Reported by Abu Ubayd in al-Amwal (1885) from the narration of Ali ibn Abi Talib which was also reported by Ahmad (1/104), Abu Dawud (1624), al-Tirmidhi (678) and Ibn Majah (1795).)
By Shaykh Salih ibn Fawzan al-Fawzan
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