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Q:
Respected scholars, As-salamu `alaykum. For a long time, I used to pay the
value of zakat al-fitr, which is a saa` (about 2.176 kg) of the food mentioned in
the Prophetic hadith for myself and my family in money. I usually send this
money to the poor kindred, relatives and neighbors in the occupied territories
inPalestine. I was quite sure that this act is permissible, relying on many fatwas I
heard from you and from many other scholars such as Sheikh `Abdullah ibn
Zayd Al-Mahmud, the chief of the Shari`ah Courts in Qatar.
However, one day while I was listening to the radio, I heard one of the sheikhs
state that paying the value of zakat al-fitr in cash is not permissible in any case;
and if anyone does so, his zakat is invalid because it is contrary to the Sunnah.
Moreover, the sheikh launched a severe attack on scholars who permitted paying
it in money and accused them of being contradictory to the texts of Shari`ah.
Frankly, I became confused after hearing this fatwa, especially after I heard a
hadith that states "Fasting in the month of Ramadan lies suspended
between the earth and heaven; it is only raised (to heaven) by zakat al-
fitr." This means that the fasting of my family lies suspended all during these
years and was not accepted! Then what is the value of our acts of worship if we
perform them while they will be invalid or unaccepted, as the sheikh said? What
should the layman Muslim do when the scholars differ over a certain fatwa?
I hope you disburden my mind and the minds of millions who pay the value of
zakat al-fitr in cash. Jazakum Allahu khayran.
A:
All praise and thanks are due to Allah, and peace and blessings be upon
His Messenger.
Dear brother, may you have a happy and blessed Ramadan! We wish the blessed
month of Ramadan could last for the whole year. By the end of Ramadan, Muslims
anticipate the great reward for their devotion and dedication to their Creator,
Allah Almighty. Muslims earnestly implore Allah to accept their fasting. Zakat al-
fitr is meant to cement the relationship between the members of the Muslim
society, to alleviate the pain of the poor, and to cultivate the sense of brotherhood
and solidarity.
Zakat al-fitr can be paid in cash if cash is better from the point of view of the
recipient poor.
In his response to your question, the eminent Muslim scholar Sheikh Yusuf Al-
Qaradawi states the following:
In my opinion, the mufti whom the questioner heard severely attack paying zakat
al-fitr in cash is in the wrong if the questioner understood the fatwa of that mufti.
I believe that the questioner did, as I have heard of those muftis and preachers
who annually attack paying zakat al-fitr in cash.
The maximum words that a mujtahid can say about himself are the words of
Imam Ash-Shafi`i (may Allah be pleased with him): “My opinion is right and is
possibly wrong; while the opinion of the others is wrong and is possibly right.”
Every matter that has no indisputable canonical texts with indisputable import is
certainly a matter of ijtihad, and the matter that we are dealing with is
undoubtedly of this kind. The majority of people are allowed to follow one of
the madhhabs approved by the Ummah, as this is the possible means for one
who is unqualified to make ijtihad. Allah the Almighty says:(Allah burdens not a
person beyond his scope) (Al-Baqarah 2:286) and (So keep your duty to
Allah and fear Him as much as you can) (At-Taghabun 64:16). Moreover, the
Prophet (peace and blessing of Allah be upon him) is reported to have said, "If I
order you to do something, then do of it as much as you can" (agreed
upon).
The essence of disagreement is between two schools: One school considers the
total objectives of Shari`ah and does not neglect the partial texts, and another
school considers the partial texts only.
The opinion that it is permissible to pay the value of zakat al-fitr in money was in
effect during the age of the Tabi`in (the generation following the Companions)
and was supported by many scholars and a caliph. Ibn Abi Shaybah narrated on
the authority of `Awn: I heard the letter of `Umar ibn `Abdul-`Aziz was read to
`Adiyy, the ruler: "The people of the divan should take from every Muslim half a
dirham." The same reported that Al-Hasan said: There is no harm to pay the
value of zakat al-fitr in dirhams; that Abu Ishaq said: I caught them while they
were paying the value of zakat al-fitr in dirhams; and that `Ata' narrated: I used
to give the value of zakat al-fitr in silver dirhams (Musannaf, 4/37-38).
A. The Prophet (peace and blessing be upon him) said, "Enrich them (the
poor) on this day." Enriching is achieved through food and also the value, which
may be better, as the poor person who has plentiful food may be led to sell some
of it; whereas the value gives him the chance to buy whatever he wants of food,
clothes, etc.
B. Ibn Al-Mundhir narrated that the Companions (may Allah be pleased with
them) permitted giving half a saa` of wheat, as they believed that it equaled the
value of asaa` of dates or barley. Thus, Mu`awiyah (may Allah be pleased with
him) said: I see that two mudds (a mudd equals a handful of an average man) of
the Levantine wheat equal a saa` of dates.
C. This opinion is easier for the Muslims in this age, especially for those who live
in the industrialized countries where people deal only with money, and it has a
great benefit in most cases for the poor in many cities.
Third, when the Prophet (peace and blessings be upon him) asked Muslims to
give zakat al-fitr from the common foodstuffs, he wanted to make matters easy
for them; silver and golden money were rare means of dealing among the Arabs
and the majority of people did not own but a few coins. Moreover, the poor were
in dire need of the common foodstuffs, such as wheat, dates, raisins, and cheese.
Thus, giving zakat al-fitr from the staple food was easy for the payer and
beneficial for the recipient. Also, he (peace and blessings be upon him) permitted
the owners of the camels and sheep to give cheese as zakat al-fitr in order to
facilitate matters for them.
Furthermore, the purchasing power of money varies from one time to another
and from one country to another. Thus, estimating the amount of zakat al-fitr by
a fixed amount of money would make it fluctuate and be unstable. That is why
the Prophet (peace and blessings be upon him) fixed it by an amount that does
not vary or fluctuate. This amount is the saa`, which is usually considered as
sufficient food for one family for a day.
Fourth, our scholars agreed that the fatwa changes according to time, place, and
status. The one who impartially examines the current status will realize that
giving food as zakat al-fitr is only suitable for simple societies in which the poor
need food [grain] and the payer finds it easily. In the large and complex societies
that have a high population density and where food [grain] is rare and the poor
do not need it, as they no longer grind, knead, and bakes, the impartial will agree
that paying the value of zakat al-fitr in money is more suitable.
Imam Ibn Taymiyah did well when he permitted the Muslim who sold the fruits of
his land for some dirhams to pay the tenth of these dirhams and not to be asked
to buy fruits if he was just to the poor. Also, he permitted the owner of the
camels who was obliged to give a sheep as zakah to pay the value in money and
did not ask him to travel to another city to buy a sheep. This is the true fiqh.
Then how can we ask a Muslim in a city like Cairo, where more than 10 million
Muslims live, to give grain that has become rare and is of no need to the poor as
zakat al-fitr?
There is a big difference between the one who has food and refrains from giving
the poor and the one like a city dweller who has nothing but money and does
justice to the poor. Zakat al-fitr was made obligatory in order to help the poor and
make them not need to go from one place to another seeking food on the day of
`Eid while the rich enjoy their wealth with their children. One should ask oneself:
Does he make a poor person in no need to go to the market if he gives him
a saa` of dates or barley in a city like Cairo, for example? Of course not, as the
poor will surely go to markets to sell them to have the money to buy suitable food
for their families! Thus, some of the Muslim scholars took into consideration the
objectives and permitted giving zakat al-fitr from the common foodstuffs of the
country; this food is not even listed in the Shari`ah.
As for the difference of the scholars over some fatwas, the Muslim can choose the
opinion of the scholar who is known for his vast knowledge, faithfulness, and
accuracy and in whom he places his confidence, just as the patient does when the
doctors differ over his illness. The mistake in these matters is forgiven, and every
person will get the reward according to what he has intended.
Finally, I would like to say that the hadith that reads "Fasting in the month of
Ramadan lies suspended between the earth and heaven; it is only raised
(to heaven) by zakat al-fitr" has not proved to be authentic.