TheIntentionofZakÁt
1974. A person should give zakÁtwith the intention of attaining proximity—as elaborated in the section on wuÃÙ—and with sincerity. He must also clarify in his intention whether the zakÁthe is giving is zakÁtal-mÁl (zakÁton property) or zakÁtal-fiÔrah.
1975. If the zakÁtof numerous properties becomes obligatory on a person, obligatory precaution dictates that when giving zakÁthe should clarify as to which property it pertains to, regardless of whether the item that he gives is in monetary form or of the same kind as one of the properties.
1976.If a person appoints an agent to give the zakÁt levied on his property, then the agent should make the intention of giving zakÁton behalf of the owner when giving the zakÁtto the poor person. Obligatory precaution dictates that the owner should also have the intention of paying his zakÁtat that moment.
If he charges the agent with delivering the zakÁtthat he gives him to a poor person, the owner must make his intention when the appointee gives the zakÁtto the poor person. The recommended precaution is that he should make the intention when giving the zakÁtto the appointee, and maintain that intention until the zakÁtreaches the poor person.
1977. If a person gives zakÁtto a poor person without having the intention of attaining proximity, but forms the intention before the property ceases to exist, it will be counted as zakÁt.
Miscellaneous Rulings Pertaining to ZakÁt
1978. When the wheat or barley grains are being separated from the chaff, and when the dates or grapes are drying, a person must give their zakÁtto the poor, or separate it from his own property. As for the zakÁtof gold, silver, cows, sheep and camels, it should be given to the poor after the completion of the eleventh month, or separated from the owner’s property.
If one is waiting for a particular poor individual, or wishes to give it to a person who is distinguished from some aspect, he has the choice not to separate the zakÁt, provided he writes it down and gets it recorded. The obligatory precaution is that he should not delay it for more than three months.
1979. Uponseparating the zakÁt, one does not have to give it away immediately. However, if he has access to a deserving recipient, the recommended precaution is that he should not delay in giving the zakÁt.
1980. If a person who is able to deliver the zakÁtto a deserving recipient, fails to do so and the zakÁtgets destroyed due to his own negligence, he will have to replace it.
1981. If a person who is able to deliver the zakÁt to a deserving recipient, fails to do so, but is not negligent in safeguarding it, and has a shar‘Ð reason for not giving, such as waiting to give it to a better utilization, or a particular poor person, he will not be held accountable for it. In a case other than this, he will be held accountable for it.
1982. If a person separates the zakÁt from the property itself, he can make use of the remaining property. However, if he puts aside the zakÁt from some of his other property, he can make use of the entire property that was subject to zakÁt.
1983. A person cannot take anything for himself from the property that he has put aside as zakÁt, and replace it with something else.
1984. If the zakÁt that has been put aside generates profit, such as a sheep—which has been put aside as zakÁt—giving birth to a lamb, the profit will belong to the poor.
1985. If a deserving recipient appears at the time when one is putting some property away as zakÁt, it is better that he gives the zakÁtto him, unless he has someone in mind, and giving it to that person is better for some reason.
1986. If a person transacts with the asset that has been put aside as zakÁtwithout the permission of the ÎÁkim al-sharÞa, and incurs a loss, then if the transaction was carried out on obligation, and he gave that property to fulfill his obligation, the owner will incur the loss and he is responsible for the zakÁt. However, if the transaction was carried out with the zakÁtproperty in particular, the transaction is void and cannot be made valid with permission from a ÎÁkim al-shara’.
If, on the other hand, he makes a profit, then in the event that the transaction was carried out on obligation, and he gave the property to fulfill his obligation, the profit belongs to himself and he is responsible for the zakÁt.However, if he transacted with the zakÁtin particular, and the ÎÁkim al-shara’ permits the transaction, he will have to give the profits to a zakÁt-deserving person.
1987. If a person gives something to the poor as zakÁtbefore it becomes obligatory on him, it will not count as zakÁt. However, if the thing that he gave to the poor has not ceased to exist after zakÁtbecomes obligatory on him, and the recipient remains poor at that time, he may count the thing that he gave him towards his zakÁt.
1988.If a poor person knows that zakÁthas not become obligatory on the giver, yet takes something from him as zakÁt, and it perishes whilst it is in his care, he will be held responsible for it. Hence, once the zakÁtbecomes obligatory on the giver, he may count the replacement of what he has given to him aszakÁtif the poor person continues to be poor at the time.
1989. If a poor person does not know that zakÁthas not become obligatory on the giver, and he takes something from him as zakÁt, which then perishes in his care, he will not be held responsible for it. In this case the giver may not count the replacement of the given item towards his zakÁt.
1990. It is recommended that the zakÁtof cows, sheep and camels be given to the poor who are respectable. One should also give precedence in giving zakÁtto his relatives and to people vested with knowledge and excellence over others. He’d better also give precedence to those who do not beg over those who do. However, if giving zakÁtto a poor person is better for another reason, then it is recommended that the zakÁtbe given to him.
1991. It is preferable to give zakÁtopenly, and the recommended charities secretly.
1992.If a person is unable to locate a deserving recipient in his town, and neither is he able to make use of it in the other manners that have been specified for it, then if he does not hold any hopes that a deserving recipient may be located later on, he must transport the zakÁtto another town and utilize it in its prescribed manner. He may also obtain the shipping expenses from the zakÁtitself. The obligatory precaution is that he should draw that money (for traveling expenses) with the permission of the ÎÁkim al-shara’. Then if the zakÁtperishes, given that he was not negligent in its care, he will not be held responsible for it.
1993.If a deserving recipient is present in one’s town, he may still transport that zakÁtto another town. However, in this case, he will have to pay the shipping expenses from his own wealth. In addition, if the zakÁtperishes, he will be held responsible for it, unless he transports it with the permission of the ÎÁkim al-shara’.
1994. The owner is liable for the cost of weighing or measuring the wheat, barley, raisins, or dates that he wishes to give as zakÁt.
1995.If a person is liable to give 2 mithqÁls and 15 nukhÙd of silver or more as zakÁt, the recommended precaution is that he should not give less than 2 mithqÁls and 15 nukhÙd to one poor person. Similarly, if he is liable to pay something other than silver, such as wheat or barley, and its value reaches 2 mithqÁls and 15 nukhÙd, the recommended precaution is that he should not give less than it to one poor person.
1996.It is makrÙh for a person to request a deserving recipient to sell him the zakÁtthat he gave the recipient. However, if the deserving recipient wishes to sell the received item after determining its market price, the one who gave him the zakÁtwill have precedence in buying it over others.
1997. If a person doubts whether he gave the zakÁtthat was obligatory on him or not, and the property which was subject to it still exists, he will have to pay its zakÁt, even though his doubt may be with respect to previous years. However, if the property has perished, nozakÁtwill be obligatory on him, even if it be with regards to the present year.
1998.The poor cannot settle (as a settlement contract) on the zakÁtfor an amount that is less than the zakÁt, or accept an item for zakÁtat a value that is higher than its price, or take the zakÁtfrom the owner and gift it back to him. However, if a person oweszakÁt, and he has become poor and is no longer able to pay it, but wishes to repent (for not paying it), then a poor person may take the zakÁtfrom him and gift it back to him.
1999. A group of scholars (may the Lord raise their station) have stated that a person may endow (waqf) a land using the funds acquired from the zakÁt, or buy a copy of the Qur’an, a religious text, or a book of prayers and dedicate it for public use (as waqf), and he may also appoint himself or his children as trustees of the endowment.
However, it is problematic to claim that the owner has authority over the endowment, or that he can appoint a trustee without the permission of the ÎÁkim al-sharaÞ.
2000. A person cannot buy property from his zakÁtand endow it for his children or to those whose maintenance is obligatory on him, so that they may use the revenue generated from the property to pay for their expenses.
2001. A person may take zakÁt from that share of it that is spent in the way of Allah (under category 7th of article 1942), to go for Hajj, ziyÁrat or a similar act of worship, even though he may not be poor, or be a poor person who has already acquired an amount of zakÁtthat is sufficient for his year’s expenses. Obligatory precaution dictates that these acts, in addition to being acts of worship, should also possess a benefit to the public, such as venerating the sacraments and propagating the faith.
2002. If the owner appoints a poor person as his agent to pay the zakÁtlevied on his property, then if the poor person entertains the possibility that the owner intended that the person himself should not partake of it, he cannot take any of the zakÁtfor himself. However, if he acquires certainty or satisfaction that the owner had no such intention, he may also take from the zakÁtfor himself.
2003. If a poor person accepts camels, cows, sheep, gold or silver as zakÁt, and the received goods come to possess the conditions—as elaborated earlier—that render zakÁtobligatory, he will have to pay their zakÁt.
