2034.The fiÔrah should not be given to someone who spends it in a sinful manner.
2035. The obligatory precaution is that the poor recipient should not be given a fiÔrah of less than one ÒÁÞ(approximately three kilograms). However, there is no problem in giving him more.
2036.If a person gives half a ÒÁÞ of a higher grade which costs double the price of its normal grade, such as a grade of wheat which costs double the price of its normal grade, it will not suffice. In fact, even if he gives it with the intention of paying the value of the fiÔrah, it will not suffice.
2037.A person cannot give half a ÒÁÞ of one commodity, such as wheat, and half a ÒÁÞ from another commodity, such as barley. In fact, even if he gives it with the intention of paying the value of the fiÔrah, it will not suffice.
2038. When giving zakÁtal-fiÔrah, it is recommended to give precedence to the poor amongst one’s relatives, and then to neighbors who are poor. It is also recommended to give precedence to one who is distinguished in religion, perception and intelligence.
2039.If a person gives zakÁtal-fiÔrah to a person thinking that he is poor, but later finds out that he was not poor, then if the item that he gave has not ceased to exist, he should claim it back and give it to one who deserves it. If he is unable to claim it back, he should replace the fiÔrah from his own wealth.
If however, the item has ceased to exist, then in the event that the recipient of the fiÔrah was aware that the item was given as fiÔrah, he (the recipient) will have to pay for its replacement. However, if he was not aware of it, then paying for its replacement will not be obligatory on him, and it is the giver who will have to pay for its replacement.
2040.If a person claims to be poor, and one is aware that the person was previously poor, he may give his fiÔrah to him. As for a person for whom it is not known if he was poor or not, but claims to be poor, obligatory precaution dictates that one cannot give him his fiÔrah if he does not attain satisfaction in his claim. In fact, if he knows that the person was not previously poor, he cannot give him the fiÔrah, unless he attains satisfaction in the person’s claim.
Miscellaneous Rulings Pertaining to ZakÁt al-FiÔrah
2041.ZakÁt al-fiÔrah should be given with the intention of attaining proximity to Allah—as elaborated in the section on wuÃÙ—and with sincerity. While he is paying it, he should intend giving the fiÔrah.
2042.If the fiÔrah is paid prior to the month of Ramadan, it will not be valid. However, it may be paid once the month of Ramadan enters. The precaution however is that he should not give it in the month of Ramadan. He may give it to a poor person prior to the month of Ramadan as a loan, and once the fiÔrah becomes obligatory, he may count his loan towards the fiÔrah.
2043.The wheat or commodity that one gives as fiÔrah, should not be mixed with sand or any other commodity. If it is mixed with it, then there is no problem (in giving it) if the pure commodity (in the mixture) is one ÒÁÞ—approximately three kilograms—and there is no added effort or cost involved in separating it. The same will apply if the amount of the added substance is so insignificant, that it would be considered to be pure in the common understanding of the people.
2044.If the fiÔrah is given from a defective commodity, it will not suffice based on obligatory precaution.
2045.A person who is paying fiÔrah for a number of people does not have to give all the fiÔrahs from one commodity. For example, if he gives the fiÔrah of some from wheat and others from barley, it will suffice.
2046.A person who intends to pray the ‘Ðd prayers should pay the fiÔrah prior to offering the prayer based on obligatory precaution. However, if he does not intend to pray the ‘Ðd prayers, he may delay paying the fiÔrah until the time of zuhr.
2047.If a person puts aside a part of his property with the intention of using it for fiÔrah, but fails to give it to a deserving person prior to zuhr on the day of ‘Ðd, he should make the intention of giving fiÔrah whenever he eventually gives it.
2048.If a person does not pay the fiÔrah at the time when it is obligatory on him, nor does he put it aside, obligatory precaution dictates that he should give it with the intention of fulfilling that which the Holy Legislator has required of him.
2049. If a person has put aside some property as fiÔrah, he may not utilize it for his personal use and put aside something else as fiÔrah.
2050.If a person possesses some property, the value of which is greater than the fiÔrah, then should he fail to give his fiÔrah, it will be problematic for him to intend that a part of that property be counted as fiÔrah, in a manner that the property would be inclusive of fiÔrah and his personal property. However, there is no problem if he chooses to give all of it to a poor person.
2051.If the property that one sets aside as fiÔrahceases to exist, and he had delayed giving his fiÔrah despite having access to poor persons, he will have to pay for its replacement. However, if he had no access to a poor person, and was not guilty of negligence in safeguarding it, he will not be responsible for the loss.
2052.If a deserving person is present in one’s area, the obligatory precaution is that one should not send the fiÔrah elsewhere. If he does so, and it perishes on the way, he will have to pay for its replacement.
The Rulings of Hajj
2053. The Hajj is a pilgrimage to the house of the Lord, and performing the rituals which have been prescribed. It becomes obligatory on an individual once in the lifetime to perform the Hajj if he meets the following criteria:
1. he is bÁligh (of puberty)
2. he is sane
3. he is a free person.
4. he is not be compelled to commit a forbidden task on account of going for Hajj, avoiding which is more important than the Hajj. Similarly, he should not be compelled to abandon an obligatory act which is more important than the Hajj.
5. He should also be able to go for Hajj. The ability is defined by the following factors:
a. He should possess the provisions and the vehicle for the journey, or the wealth required to procure it.
b. He should be healthy and (physically) capable of travelling to Makkah and performing the Hajj.
c. There should be no obstruction on the way. However, if the roads are closed, or if a person fears that his life or honor will be jeopardized in the journey to Makkah or whilst performing the rituals of Hajj, or that his property will be confiscated, then it is not obligatory upon him to perform the Hajj. However, if he is able to journey through another route, he must do so even if it is a longer route.
d. He should have sufficient time to fulfill the rituals of Hajj.
e. He should be able to meet the expenses of those whose maintenance is obligatory upon him, such as his wife and children. He should also be able to meet the expenses of those whose maintenance is incumbent upon him in the common understanding, such as a servant whom he requires.
f. Upon returning, he should have a business, a farm, or an income from a property, or some means of earning his livelihood and that of his dependants in accordance to his status, so that he is not subject to a life of hardship.
2054. If a person is in need of owning a house, without which he would be subject to hardship and difficulty, then the Hajj will only become obligatory on him when he is able to procure the money for the house as well.
2055. If a woman who is able to go to Makkah, will not possess any wealth herself upon returning from Makkah, and neither will her husband pay for her living expenses, causing her to experience hardship and difficulty in her life, then it will not be obligatory on her to go for Hajj.
2056. If a person does not possess the provisions for the journey, nor a vehicle for transportation and another person offers to pay for his expenses and the expenses of his dependants during his journey for Hajj, then in the event that he is confident that the well-wisher will pay for his expenses, he will have to go for Hajj.
2057. If a person is gifted with the expenses for going to Makkah and returning from it, and also the expenses of his dependants whilst he is away on his journey to Makkah, and the well-wishers stipulate that he goes for Hajj, it is obligatory on him to accept it and go for Hajj. This is applicable even in the case where the individual would not have the wealth required to support his life upon returning from the journey, or a case where he has to pay off a debt. An exception is the case where the deadline for paying the debt has passed, and the creditor is demanding it, and the debtor would be able to pay off the debt if he were not to go for Hajj. Another exception is the case where the debt is to be paid off after a period of time, and the debtor knows that should he go for Hajj, he would not be able to pay off the debt when it will become due on him.
2058. If some well-wishers provide the travelling expenses of a person, and the expenses of his dependants for the period he is away for Hajj, and they ask him to go for Hajj, but they do not make it his property, then in the event that he is confident that they will not take it back from him, it is obligatory upon him to go for Hajj.
2059. If some well-wishers provide a person with the amount that is sufficient for completing the Hajj, but stipulate that he serves one of the well-wishers during the journey to Makkah, it will not be obligatory on him to go for Hajj.
2060. If some people gift an amount of wealth to a person, rendering the Hajj obligatory on him, and he thus performs the Hajj, then he will not have to perform it again even if he later acquires the wealth by himself.
2061. If a person embarks on a business trip to—for example—Jeddah, and there he acquires an amount of wealth that enables him to make the journey to Makkah, and he possesses the conditions that are consequential in establishing his ability to go for Hajj, then he must go for Hajj. In the event that he goes for Hajj, it will not be obligatory upon him to go for Hajj again even if he acquires some wealth which enables him to go for Hajj from his hometown.
2062. If a person is hired to go for Hajjon behalf of another person, then in the event that he is unable to go himself, and wishes to hire another person on his behalf, he must seek the permission of the person who hired him.
2063. If a person becomes able to go for Hajj, but fails to do so, and then becomes poor, then he must perform the Hajj even if it entails difficulty. However, if he is unable to do so by any means, then in the event that someone hires him to go for Hajj, he must go for Hajj and perform the Hajj on behalf of the one who hired him. If possible, he should then remain in Makkah until the next year and perform the Hajj for himself. However, if it is possible for him to be hired for Hajj, and take payment for it in cash, and the person hiring him allows him to perform the Hajj on his behalf in the subsequent year, then he must perform his own Hajj in the current year, and perform Hajj on behalf of the one who hired him in the subsequent year.
