2004.If two persons jointly own a property which is subject to zakÁt, and one of them pays the zakÁtof his share and then divides and distributes the property, then there is no problem if he makes use of his share, even if he knows that his partner has not paid the zakÁtof his share.
2005. If a person owes khums or zakÁt, and a kaffÁrah, nadhr or similar obligation is also incumbent upon him, and is additionally indebted, then should he be unable to pay all of them, he should pay the khums or zakÁtif the property that is subject to khums or zakÁthas not ceased to exist. If it has, obligatory precaution dictates that he proportionally distributes the wealth betweenpaying off his debt, the khums and the zakÁt. He should also give precedence to paying off these dues over paying for a kaffÁrah, or an amount that he made a nadhr to pay.
2006. If a person owes khums or zakÁt, has an obligation to perform Hajj (Hajj of Islam), and is additionally indebted, then if he dies leaving behindan estate that is not sufficient to fulfill all the obligations, hiskhums or zakÁtmust be paid first, if the property that is subject to it has not ceased to exist. The rest of his property should be divided between performing Hajj (for him) and paying off his debts.
If however that property has ceased to exist, then in the event that it is his first journey for Hajj, and he dies on the way prior to entering the state of iÎrÁm, his property must be spent for his Hajj. Then if something remains, it should be proportionally distributed between khums, zakÁtand his debts. In a case other than this, Hajj will take precedence over khums and zakÁt. However, to claim that it will also take precedence over his debts is problematic.
2007. If a person is engaged in acquiring knowledge, and is also able to work for his living expenses should he not be learning, then should acquiring that knowledge be obligatory on him in particular (wÁjib ‘aynÐ), or on the entire community (wÁjib kifÁ’iyy) and no one else proceeds towards fulfilling it, one may give zakÁtto him from the share for the poor, or the share meant to be utilized in the way of Allah. However, in the latter case, the obligatory precaution is that his learning should entail a benefit for the public interest.
If however acquiring that knowledge is recommended for him, it is not permissible to give ZakÁt to him from the share of the poor. However, it is permissible to grant it to him from the share utilized in the way of Allah, and obligatory precaution dictates that it have benefit for the general public.
If however acquiring that knowledge is neither obligatory nor recommended, it is not permissible to give zakÁtto him.
ZakÁt al-FiÔrah
2008. If a person is bÁligh and sane at the sunset of the evening preceding ‘Ðd al-fiÔr, and is not poor, nor a slave, in the sense that he experiences the month of Ramadan with these conditions, even if it be for a mere moment prior to sunset, he will have to pay one ÒÁÞ—approximately three kilograms—of wheat, barley, dates, raisins, rice or something similar, to a poor person, on behalf of himself and every person who is dependent on him. The obligatory precaution is that it should be an item that is commonly used as food in his locality. It will also suffice to give the monetary value of any one of these items. Obligatory precaution dictates that even a person who is unconscious at the sunset of the evening preceding ‘Ðd al-fiÔr should pay the fiÔrah.
2009.A person who does not possess an amount that covers his own yearly expenses, and that of his dependants, nor does he have a source of income whereby he can provide for his own and his dependants’ yearly expenses, then such a person will be considered a poor person, and it will not be obligatory upon him to pay the fiÔrah.
2010.A person must pay the fiÔrah of those who are considered to be dependent on him at the sunset of the evening preceding ‘Ðd al-fiÔr, regardless of whether they are young or old, Muslim or not, and regardless of whether paying their expenses is obligatory on him or not, be they in his city or in another city.
2011.If a person appoints his dependant who resides in another city to pay his (the dependant’s) fiÔrah from the person’s property, and the person feels assured that he will pay the fiÔrah, he will not have to pay the fiÔrah of the dependant himself.
2012.The fiÔrah of a guest who arrives prior to sunset on the evening preceding ‘Ðd al-fiÔr, with the consent of the homeowner, and is considered to be dependent on him at the time of the obligation of ZakÁt al-fiÔrah, will be obligatory on the homeowner.
2013.If a guest arrives prior to sunset on the evening preceding ‘Ðd al-fiÔr, without the consent of the homeowner, and stays with him for a period of time, then obligatory precaution dictates that both the guest himself and the homeowner should pay his fiÔrah. A similar precaution should also be observed in the case of a person who has been compelled to pay for the expenses of another person.
2014.The fiÔrah of a guest who arrives after sunset on the evening preceding ‘Ðd al-fiÔr is not obligatory on the homeowner, even if the invitation was extended prior to sunset, and the guest breaks his fast at his home.
2015.If a person is insane at the sunset of the evening preceding ‘Ðd al-fiÔr, then the zakÁt of fiÔrah will not be obligatory on him.
2016.If a child turns bÁligh prior to sunset, or an insane person becomes sane, or a poor person becomes self-sufficient, he will have to pay zakÁtal-fiÔrah should he possess the conditions that make it obligatory.
2017.If zakÁtal-fiÔrah is not obligatory on a person at the time of sunset on the evening preceding ‘Ðd al-fiÔr, but prior to the time of zuhr on the day of ‘Ðd he develops the conditions that make it obligatory, he should pay zakÁtal-fiÔrah based on recommended precaution.
2018.If a kÁfir converts to Islam after sunset on the evening preceding ‘Ðd al-fiÔr, the fiÔrah will not be obligatory on him. However, if a Muslim who was not a Shi’a converts to shi’ism after sighting the crescent, he will have to pay zakÁtal-fiÔrah.
2019.If a person only possesses one ÒÁÞ—approximately three kilograms—of wheat or something similar, it is recommended that he payszakÁtal-fiÔrah. Should he also have depandants, and wish to pay their zakÁtal-fiÔrah as well, he may give that amount of wheat to one of them with the intention of paying the fiÔrah. The recipient may then give it to another member of depenants with a similar intention, and they may continue this process until it reaches the last member. It is better that the last member gives the item that he receives to someone who is not a member of those dependants.
If one of the members is a minor, his guardian may take it for himself, and give that which he has taken for himself as zakÁtfor the minor. However, if he takes it for the minor, obligatory precaution dictates that he should not give it to anyone else.
2020.If a person is blessed with a child after sunset on the evening preceding ‘Ðd al-fiÔr, or someone is counted as his dependent thereafter, it is not obligatory upon him to pay his fiÔrah, although the recommended precaution is that a person should pay the fiÔrah for those who become his dependents after sunset and prior to zuhr on the day of the ‘Ðd.
2021. If a person is dependent on someone, and later becomes dependent on someone else prior to sunset, his fiÔrah will be obligatory on the one whose dependent he has become. For example, if a girl moves to her husband’s house prior to sunset, her husband will have to pay her fiÔrah.
2022.It is not obligatory for a person whose fiÔrah is to be paid by someone else, to pay the fiÔrah himself.
2023.If the fiÔrah of a person is obligatory on someone else, and the latter does not pay it, the recommended precaution is that if the person fulfils the conditions that make zakÁtal-fiÔrah obligatory on him, he should pay the fiÔrah himself.
2024.If a person whose fiÔrah is obligatory on someone else, pays the fiÔrah himself, it will not drop the obligation of the other person.
2025.If a woman whose husband does not provide for her expenses, is dependent on someone else, then herfiÔrah will be obligatory on that person. If however, she is not dependent on someone else, and fulfils the conditions that make ZakÁt al-fiÔrah obligatory, she will have to pay her own fiÔrah.
2026.A person who is not a sayyid cannot give his fiÔrah to a sayyid. In fact, even if a sayyid is dependent on him, he cannot give that sayyid’s fiÔrah to another sayyid.
2027.The fiÔrah of a child who is breast-fed by its mother or a wet nurse, is upon the person who pays for the expenses of the mother or the wet nurse. However, if the mother or the wet nurse pays for her expenses from the child’s property, then the fiÔrah of the child will not be obligatory on anyone.
2028. Even if a person pays for the expenses of his iyal (dependants) from illegally acquiredwealth, he must pay their zakÁtal-fiÔrah from wealth that is legally acquired (Halal).
2029.If a person hires someone and stipulates that he will pay for his expenses, and he fulfils that condition, he will also have to pay the latter’s fiÔrah. However, if he stipulates that he will pay for a portion of his expenses, such as giving him money to cover his expenses, and not as alimony—regardless of whether it is labeled as the wages of his labor or labeled otherwise—it will not be obligatory on him to pay his fiÔrah.
2030.If a person passes away after sunset on the evening preceding ‘Ðd al-fiÔr, his fiÔrah and that of his dependants will have to be paid from his property. However, if he dies prior to sunset, it will not be obligatory to pay his fiÔrah and that of his dependants from his property.
Disposal of ZakÁt al-FiÔrah
2031.The renowned number of scholars have stated that zakÁtal-fiÔrah is to be disposed of in the same manner that one disposes of the zakÁton property. However, the obligatory precaution is that it should be given to the poor, and that they must be twelver Shi’a, unless a mu‘min cannot be located. In this case, it can also be given to others, as long as theyare not nÁÒibÐs (people who express hostility towards the ahl al-bayt).
2032.If the child of a twelver Shi’a is poor, in a manner that was described in article 1960 and article 1961, then the zakÁtal-fiÔrah may also be spent on him.
2033.It is not necessary for the poor recipient of zakÁtal-fiÔrah to be just. However, the obligatory precaution is that it should not be given to one who drinks, one who forsakes prayer, or one commits major sins publicly.
