From Sayyid Saabiq’s Fiqh us-Sunnah
With commentary by Muhammad Naasir ad-Deen al-Albaanee from Tamaam ul-Minnah fit-Ta‘leeq ‘alaa Fiqh as-Sunnah [1]

Introduction

Zakaat ul-fitr is a type of sadaqah which must be paid by every Muslim, young and old, male and female, free and slave, at the end of the month of fasting (Ramadhaan).

Al-Bukhaaree and Muslim relate from Ibn ‘Umar that he said, “The Prophet ( صلى الله عليه وسلم ) enjoined the payment of one saa‘ [2] of dates or one saa‘ of barley as zakaat ul-fitr on every Muslim, young and old, male and female, free and slave.”

The Purpose of Zakaat ul-Fitr

Zakaat ul-fitr was made obligatory in the month of Sha‘baan during the second year after Hijrah. Its purpose is to purify one who fasts from any indecent act or speech and to help the poor and needy. This view is based upon the hadeeth reported by Abu Daawood, Ibn Maajah, and ad-Daraqutnee from Ibn ‘Abbaas;

“The Messenger of Allaah ( صلى الله عليه وسلم ) enjoined zakaat ul-fitr on the one who fasts to shield one’s self from any indecent act or speech and to provide food for the needy.”

It is accepted as zakaat ul-fitr for the person who pays it before the ‘eed prayer, and it in counts only as sadaqah for the one who pays it after the prayer.

Who Must Pay Zakaat ul-Fitr

Zakaat ul-Fitr is incumbent on every free Muslim who possesses one saa‘ of dates or barley which is not needed as a basic food for himself or his family for the duration of one day and night. Every free Muslim must pay zakaat ul-fitr for himself, his wife, children and servants.

The Amount of Zakaat ul-Fitr

The required amount of zakaat ul-Fitr is one saa‘ of wheat, barley, rasins, dry yogurt, rice, corn, or similar items considered as basic foods. Abu Hanifah considered it permissible to set aside, as zakaat ul-Fitr, an equivalent value and also said that if the payer pays in wheat, one-half of a saa‘ would be sufficient. Abu Sa‘eed al-Khudree reported;

“We used to give on behalf of every child, elderly person, free person or slave during the lifetime of Allaah’s Messenger ( صلى الله عليه وسلم ), one saa‘ of food, or one saa‘ of dried yogurt, or one saa‘ of barley, or one saa‘ of dates, or one saa‘ of raisins as zakaat ul-Fitr. We continued to do so until Mu‘awiyyah came to us to perform Hajj, or ‘Umrah. He then addressed the people from the minbar and said; ‘I see that two mudds [3] of Syrian wheat equals one saa‘ of dates.’ The people accepted that.”

However, Abu Sa‘eed contended:

“I will continue to give as I used to give, one saa‘, as long as I live.” This is related by the group.

At-Tirmithee remarked: “This is acted upon by some scholars, in each case, they give one saa‘. This is the opinion of Ash-Shaafi‘ee, Ahmad, and Ishaaq. Some other people of knowledge, among the companions of the Prophet ( صلى الله عليه وسلم ) and otherwise, say one saa‘ from any type of grain except wheat, of which only half a saa‘ would be sufficient. This is the saying of Sufyaan ath-Thawree, Ibn al-Mubaarak, and the scholars of Kufah.”

Al-Albaanee’s comments on the Hadeeth of Abu Sa‘eed

The author attempts to prove by it that the amount given for wheat is a saa‘ due to the saying “...saa‘ of food.” This is based upon what al-Khataabee said, that is that the word “food” here means wheat. But Ibn al-Munthir refuted this by saying that Abu Sa‘eed mentioned the term food, then he explained what he meant by it. Now the same hadeeth of Abu Sa‘eed is recorded by al-Bukhaaree with the wording;

On the day of Fitr, during the time of Allaah’s Messenger ( صلى الله عليه وسلم ), we would give a saa‘ of food. Abu Sa‘eed said, “And our food was barley, raisins, dried yogurt, and dates.”

Al-Haafiz (Ibn Hajar) said;

“He is clarifying what he meant.”

At-Tahaawee recorded it also but it includes;

“And not other than that.”

Then al-Haafiz mentioned other routes and wordings of Abu Sa‘eed’s hadeeth, after which he says;

“And all of these transmissions proove that the word food in the hadeeth of Abu Sa‘eed is not wheat, but it indicates that it was millet [similar to corn], it is well known until today to the people of the ‘Arabian peninsula, as it is eaten by most of them.”

I say: So it should be clear that this hadeeth does not qualify as proof for what the author intended. Additionally he makes it seem that there is no bases for the position of the mathhab of Abu Hanifah supporting giving half a saa‘ of wheat - except what comes in the hadeeth of Abu Sa‘eed about Mu‘aawiyah considering two mudds of wheat to be equal to one saa‘ of dates. But this in fact is not the case. Rather there are hadeeths reaching up to the Prophet ( صلى الله عليه وسلم ), and the most authentic of them is the hadeeth of ‘Urwah Bin az-Zubayr;

“During the time of Allaah’s Messenger ( صلى الله عليه وسلم ), Asmaa’ Bint Abu Bakr used to pay for her household - for both the free and the owned - two mudds of wheat, or one saa‘ of dates measured by hand, or according to the saa‘ they had fixed.”

This was recorded by at-Tahaawee, and this is his wording. It was also recorded by Ibn Abee Shaybah, and Ahmad, and its chain is authentic according to the criteria of al-Bukhaaree and Muslim. Then in the category of reports from the companions, [there are a variety], some strengthening others, as Ibn al-Qayyim said in Zaad ul-M‘aad, where he quotes them, so one may reference it if he wishes, and I have shown their routes in at-Ta‘leeqaat al-Jeeyaad.

So from this it is confirmed that the amount of wheat given for sadaqat ul-fitr is half of a saa‘, and this is the position selected by Shaykh al-Islaam Ibn Taymiyyah in al-Ikhtiyaaraat (p. 60) and Ibn al-Qayyim opted for it as noted above, and it is indeed the truth, if Allaah ( سبحانه وتعالى ) wills. [End of comment.]

When Zakaat ul-Fitr is Due

The fuquhaa agree that zakaat ul-fitr is due at the end of Ramadhaan. They differ, however, about the exact time.

Ath-Thawree, Ahmad, Ishaaq, and ash-Shaafi’ee (in his later opinion) and Maalik (in one of his reports) are of the opinion that it is due at the sunset of the night of breaking the fast, for this is when the fast of Ramadhaan ends. Abu Hanifah, al-Layth, ash-Shaafi’ee (in his earlier opinion) and the second report of Maalik say that zakaat ul-fitr is due at the start of fajr on the day of ‘eed.

These two different views acquire relevance if a child is born after sunset but before dawn on the day of the ‘eed; the question then is whether zakaat ul-fitr is due on the child or not. In accordance with the first view, it is not since the birth took place after the prescribed time, while according to the second view, it is due because the birth took place within the prescribed space of time.

Paying Zakaat ul-Fitr in Advance

Most scholars believe that it is permissable to pay zakaat ul-fitr a day or two before the ‘eed. Ibn ‘Umar reports that the Mesenger ( صلى الله عليه وسلم ) ordered them to pay zakaat ul-fitr before the people went out to perform the ‘eed prayers. Naaf‘i reports that ‘Umar used to pay it a day or two before the end of Ramadhaan. However, scholars hold different opinions when a longer time period is involved. According to Abu Hanifah, it is permissible to pay it even before Ramadhaan. Ash-Shaafi’ee holds that it is permissible to do so at the beginning of Ramadhaan. Maalik and Ahmad (in his well-known view) maintain that it is permissible to pay it only one or two days in advance.

The four eemaams agree that [the obligation of giving] zakaat ul-fitr is not waved simply by not paying it on time. If such is the case, it becomes a debt on the one responsible for it until it is paid. They also agree that it is not permissible to delay it until the day of ‘eed [i.e., after the prayer], but Ibn Sireen and an-Nakhaa‘ee say that this can be done. Ahmad said;

“I hope that there is no harm [in it’s delay].”

Ibn Raslaan says that there is a consensus that its payment cannot be delayed just because it is a type of zakah. Thus, any delay is a sin and is analogous to delaying one’s prayers without an acceptable excuse. This is proven by the following hadeeth;

If one pays zakaat ul-fitr after the prayer, it is considered ordinary sadaqah.

Distribution of Zakaat ul-Fitr

The distribution of zakaat ul-fitr is the same as that of zakah - that is, it has to be distributed among the eight gruops of beneficiaries mentioned in the aayah (which means);«As-Sadaqaat is only for the poor...» [ At-Tawbah 9:60 ]

The category comprimising the poor is considered the most deserving. This is also supported by the hadeeth;

“The Messesnger of Allaah ( صلى الله عليه وسلم ) enjoined zakaat ul-fitr as a purification for the one who fasts from any indecent act or speech, and to provide food for the needy.” [see earlier]

Al-Bayhaqee and ad-Daraqutnee relate from Ibn ‘Umrar who said,

“The Messenger of Allaah ( صلى الله عليه وسلم ) enjoined zakaat ul-fitr and said;

“ Free them from want on this day. ”

Al-Albaanee’s Comments on the Distribution of Zakaat ul-Fitr

The author mistakenly implied that al-Bayhaqee was silent about (the above hadeeth), and this is not the case, when in fact he indicated its weakness by saying;

“This Abu Ma‘shar (one of its narrators) is as-Sindee al-Madeenee. Others are more trustworthy than him.”

For his biography, al-Haafiz said (at-Taqreeb);

“Weak. He became confused in his old age.”

Al-Haafiz judged the hadeeth to be weak in Buloogh al-Maraam as did an-Nawawee in al-Majmoo‘ and he opted for the earlier hadeeth of Ibn ‘Abbaas.

[Furthermore,] there is no action in the Sunnah to support this distribution, rather in the hadeeth of Ibn ‘Abbaas he ( صلى الله عليه وسلم ) said;

“ And provide food for the needy. “

Thereby implying that it is limited to the needy.

The aayah above, only addresses sadaqah of wealth, not sadaqaat ul-fitr, as is proven by what is before it, that is Allaah’s ( سبحانه وتعالى ) saying; «Among them are those who slander you regarding (the distribution of) sadaqah. If they are given some of it, they are pleased... » [ At-Tawbah 9: 59 ]

This is also the view chosen by Shaykh al-Islaam Ibn Taymiyyah, and he has a very beneficial fatwaa discussing it in al-Fataawaa (2:81-84. And similarly, this is the view of ash-Shawkaanee in as-Sayl al-Jaraar (2:86-87), and Ibn al-Qayyim said similar in Zaad ul-M‘aad:

“And among his ( صلى الله عليه وسلم ) guidance, he distinguished the needy with this sadaqah.”

Giving Zakaat ul-Fitr to a Thimmee [4]

Az-Zuhree, Abu Hanifah, Muhammad, and Ibn Shubrumah considered giving zakaat ul-fitr to a thimmee permissible. Allaah ( سبحانه وتعالى ) says; «Allaah does not forbid you from showing kindness and dealing justly with those who did not wage war against you on account of religion and did not drive you out from your homes. Surely Allaah loves those who are just.» [ Al-Mumtahanah 60:8 ]

Al-Albaanee’s Comments on Giving Zakaat ul-Fitr to a Thimmi

Such giving its not proven by this aayah, it clearly deals with showing kindness to them through voluntary charitable acts, not the obligatory sadaqah. Abu ‘Ubayd [Ibn Sallaam] reported a saheeh chain of narrators to Ibn ‘Abbaas that he said;

“There were some people who and relatives and kinsfolk who were friendly and hospitable, but they were cautious against giving them any sadaqah although they hoped that they would accept Islaam, so the [aayah] was revealed;«It is not up to you to give them guidance, but it is Allaah who guides whom He wills. Whatever you spend of good, then it will benefit yourselves, while you are seeking Allaah’s Face by such spending. And whatever good you spend shall be compensated for you, and you shall not be wronged.»“ [ Al-Baqarah 2: 274 ]

So this aayah is similar in meaning to the one mentioned above. Then he (Abu ‘Ubayd) reported a saheeh chain of narrators to Sa‘eed Bin al-Musayib who said;

“Allaah’s Messenger gave some sadaqah from his household to some Jews to bring them closer (to Islaam).”

And he reported from al-Hasan al-Basree who said;

“There are no obligations [of sadaqah] due to the people of thimmah, but if someone wants to, he may give sadaqah to them other than that.”

So this is the way that it is affirmed by the sharee‘ah, and it is the way of the righteous predecessors. As far as giving them some of the zakaat ul-fitr, we are not aware of any companion who did that. So such understanding of the aayah is mistaken, and it attributes to the aayah what the aayah does not imply. As for what was reported by Abu Ishaaq from Abu Maysarah that he said; “That they brought him ( صلى الله عليه وسلم ) the sadaqat ul-fitr, so he gave it or he gave some of it to the rabbis.”

As recorded by Abu ‘Ubayd and Ibn Zanjooyah - it is disconnected, stopping in its chain at Abu Maysarah, whose name is ‘Umru Bin Shurhabeel, so it is not correct from him because this is Abu Ishaaq as-Sabee‘ee, the confused mudallis [5], and he said “from him” [that is, he did not clarify that he actually heard him saying it, with the wording, “I heard him...” or, “He informed us...” etc.]

The hadeeth that preceded supports particularizing the Muslims with zakaat ul-fitr, it says;...and to provide food for the needy.

It is clear from this that he intended the needy Muslims, not the needy of the entire nation. So take note.

Footnotes

1. This article, as the title explains, is Sayyid Saabiq’s chapter on Zakaat ul-Fitr. We realize that many people have a copy of Fiqh us-Sunnah, and due to the benefit that it contains, we decided to print this section with the critical notes of the hadeeth scholar Muhammad Naasir ad-Deen al-Albaanee. The following is the work that has been done to it: Most of the text was copied from the English translation published by Dar El Fateh for Arab Information. This is the print that combines the five volumes previously published by ATP in America. While copying the text, some passages underwent translation, as well as general grammatical editing. We also added a translation of shaykh al-Albaanee’s notes after each point within the text of the article. All of the footnotes for the article are from the editors.
2. Four scoops, with the hands of an average man cupped together. Refer to the book “Celebrations in Islaam” for more beneficial details regarding zakaat ul-fitr.
3. A mudd is another form of measurement, in the case of wheat, as noted, it equals half of one saa‘, i.e., two scoops of an average man’s hands held together.
4. That is the non-Muslims who reside in an Islaamic state, those who have a covenant of protection with the Islaamic government.
5. A mudallis is one who when he narrates in an ambiguous manner using a word such as ‘an (from; on the authority of) the listener may be deceived into thinking he heard the narration directly from the one on whose authority he narrates it while this is not the case.