JUSA

Jamiatul Ulama

south africa

COUNCIL OF MUSLIM THEOLOGIANS

17 Jumaad al Aakhirah 1440 AH / 23 Feb 2019

The paying of Zakaah

1. Upon the expiry of the year, Zakaah should be given immediately. It is not a good habit to delay in carrying out good deeds because it is possible that death may overcome a person and this duty will still remain on his shoulders. If the paying of Zakaah is delayed to such an extent that the second year also expires, the person will be a sinner but he can still repent for this sin and pay the Zakaah immediately. In other words, he should pay the Zakaah that is incumbent upon him at some time or the other in his life and should not leave it out.

2. Zakaah is wajib on 1/40th of all the wealth which a person possesses. That is, R2-50 for every R100 or R1 for every R40.

 

3. At the time of giving the Zakaah to a poor person, one must have the intention in his heart that he is giving this money as Zakaah. If he merely gives it without making any intention, the Zakaah will not be fulfilled. He will have to give the Zakaah again, and he will be rewarded separately for the money that he had already given.

4. If the person did not make the intention of giving Zakaah at the time of giving it to the poor person, then as long as that money is still in the possession of the poor person, he will be able to make the intention. By making the intention at this stage, his Zakaah will be fulfilled. But if the poor person has already spent that money, then the intention that is made at this stage will not be considered. He will have to repeat the payment of his Zakaah.

5. A person set aside R2 to be given as Zakaah and decided that when he comes across a deserving person he will give it to him. However, when he gave it to the poor person he forgot to make the intention of Zakaah. In this case, Zakaah will be fulfilled. But if he did not make the intention of Zakaah at  the time of setting it aside, his Zakaah will not be fulfilled.

6. A person has taken out his Zakaah for distribution. He has the choice of giving all his Zakaah to one person or distributing it among several persons. He also has the option of giving all the Zakaah on one day or distributing it over several months.

 

7. It is better to give one poor person an amount which will be sufficient for him for that day so that he will not have to ask anyone else.

8. It is makruh to give one poor person an amount which makes the giving of Zakaah wajib. However, if it is given, the Zakaah will be fulfilled. It is permissible and not makruh to give an amount that is less than this.

9. A person comes to borrow some money and it is known that he is so poor and hard-pressed that he will be unable to fulfil this debt or that he is a very bad payer and never fulfils his debts. If the person gives him some Zakaah money and also makes this intention in his heart that he is giving Zakaah, then in such a case Zakaah will be fulfilled despite the poor person regarding it as a debt.

10.If a poor person is given something as a gift, but in his heart the person has the intention of giving Zakaah, even then Zakaah will be fulfilled.

 

11.A poor person is owing you R10. You also have to pay Zakaah for a sum of R10 or more. You forgave the poor person the R10 which he is owing you with the intention of it being Zakaah. In such a case, Zakaah will not be fulfilled. However, if you give him another R10 with the intention of Zakaah, Zakaah will be fulfilled. It will now be permissible to take this R10 from him as a fulfilment of his debt.

12.If a person has so much of silver in his possession that the Zakaah on that silver amounts to 33 grams of silver and the market value of this 33 grams is two silver coins, then it is not permissible to give two silver coins in Zakaah because these two coins do not weigh 33 grams. And if silver is paid in Zakaah against silver goods, then the weight of the silver being paid is considered and not the price. However, in the aforementioned case, if gold, metal-base coins, clothing, etc. to the value of two silver coins is purchased and given as Zakaah, or 33 grams of silver is paid as Zakaah, then the Zakaah will be fulfilled.

13.It is permissible for a person to appoint someone else to give the Zakaah on his behalf. If the person to whom the money has been given does not make the intention of Zakaah at the time of giving the money to a poor person, the Zakaah will still be fulfilled.

14.You gave a person R2 to be given to another person as Zakaah. However, this person did not give the very same R2 which you had given to him. Instead, he gave another R2 which was in his personal possession and thought in his mind that he will take the R2 that you had given him. Even in this case the Zakaah will be be fulfilled. However, this is on the condition that your R2 is in his possession and he is now taking your R2 in place of his R2. But if he spends your R2 first and thereafter gives his own R2 to a poor person, Zakaah will not be fulfilled. Alternatively, he has your R2 in his possession, but at the time of giving his R2 he did not make the intention of taking your R2 later. Even in this case, Zakaah will not be fulfilled. He will now have to give R2 in Zakaah again.

15.If you did not give him any money but merely asked him to give some Zakaah on your behalf and he does this for you, the Zakaah will be fulfilled. He should now take whatever amount he had paid from you.

16.If a person pays some Zakaah on your behalf without your asking him to do so or without your permission, the Zakaah will not be fulfilled. Now, even if you agree or accept his payment on your behalf, it will not be permissible. He does not even have the right to collect or ask you for that money.

17.You have given a person R2 to be given on your behalf as Zakaah. This person has the choice of giving it to a poor person himself or asking a third person to give it on his behalf. When giving it to this third person he does not have to mention your name that this Zakaah must be given on behalf of so and so person. If that person gives the money to a relative of his, or to his parents if he finds them in need, this is also permissible. However, if the person who was asked to distribute the Zakaah is poor himself; he cannot take this money for his personal use. But, at the time of giving the money to him, if you told him to do whatever he likes with the money and that he could give it to whomsoever he wishes, it will be permissible for him to keep it for his personal use.