Fiqh of Sadaqat al-Fitr

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The Purpose of Sadaqat al-Fitr

Every Muslim is required  to pay Sadaqat al-Fitr at the conclusion  of the month of Ramadan as a token  of thankfulness to Allah for having enabled him to observe fasts. Its purpose is to purify those who fast from any indecent act or speech and to help the poor and needy. This view is based upon the hadith which reads, “The Messenger of Allah (sallAllaahu alayhi wasallam) enjoined Sadaqat al-Fitr on those who fast to shield them from any indecent act or speech, and for the purpose of providing food for the needy. It is accepted as Zakah for the one who pays it before the `Eid prayer, and it is sadaqah for the one who pays it after the prayer.”

There are two purposes indocated in this Hadith: one is related to the individual; for  completion  of  his  fast  and  compensation  for  any  shortcomings  in  his  acts  or  speech.  The  other  is  related  to society; for the spreading of love and happiness among its members, particularly the poor and needy, during the day of `Eid. It also purifies one’s soul from such shortcomings as the adoration of property, and from miserliness.  Furthermore,  it  purifies  one’s  property  from  the  stain  of  earnings.  It  is  also  a  cure  for  ailments. The Prophet (sallallaahu alayhi wasallan) said, “It would be better that you treat your patients with charity.

In addition,  it provides for the  needs of the poor  and the indigent and relieves them  from having to  ask others for charity on the day of `Eid. The Prophet (sallallaahu alayhi wasallam) said, “Fulfil their need on this day (i.e., the day of `Eid)

Who Must Pay Sadaqat al-Fitr?

Sadaqat al-Fitr is  incumbent on every free Muslim who possesses one Sa` of dates or barley which is not needed as basic food  for  himself  or  his  family  for  the  duration  of  one  day  and  night.  Every  free  Muslim  must  pay Sadaqat al-Fitr  for  himself, his wife, children, and servants.  This is the opinion of Imam Malik, Al-Shafi`i, and Ahmad (rahimahumullah). Imam Abu Hanifah (rahimahullah), however, said that it is only obligatory for one who possesses a nisab (a minimum amount of property) after fulfilling the costs of his house, servant, horse, and weapon.
Al-Khattabi explained that Sadaqat al-Fitr was obligatory for all Muslims, not only those who possess the nisab stating that this is the view of the majority of scholars. He said, “In essence, the rationale behind it was stated to be the purification  of  one  who  fasts  from  any  indecent  act  or  speech.  And  since  every  Muslim  needs  this,  it  is  therefore  obligatory upon every fasting Muslim, whether rich or poor, who possesses one Sa` in excess of his main staple food for the duration of one day and night.  This is because so long as the essential rationale is shared by all Muslims, then they also share the same obligation.”

The majority view is that it is a virtuous wisdom of Islam that it makes this Zakah obligatory not only on the rich, but also upon nearly every Muslim, for you can hardly find a person who does not possess  one  Sa` of  food above  his  main  staple  food  for  the  duration  of  one  day  and  night.  The  wisdom  behind  this  obligation,  therefore, is to prepare the poor  to practice benevolence and feel the dignity and honour of giving in charity. Allah described the believers with these words, “Those who spend (freely), whether in prosperity, or in adversity…” (Aal `Imran 3:134) Thus  if we contemplate on this wisdom, we  will not  find it strange that  the needy pay this Sadaqat, because it does not cause them to suffer any loss. He will pay only his sadaqa and then receive the sadaqa of various people.

Moreover, we have to bear in mind that Sadaqat al-Fitr is obligatory for everyone who lives until the sun sets on the last day of Ramadan.  This is the point of view of the Shafi`is, Hanbalis, and Malikis. Accordingly, whoever dies before the sun sets on the last day of Ramadan is exempted. Likewise, a person who has a baby on the last day of Ramadan should pay Zakat al-Fitr for the baby.  The majority of jurists argue that we should not pay Saqadat al-Fitr for an embryo. But Imam Ahmad (rahimahullah) holds that sadaqat al-Fitr is also obligatory for an embryo, because it is permissible to assign property to an embryo by means of a will.

When Sadaqat al-Fitr Is Due

The jurists agree that Sadaqat al-Fitr is due at the end of Ramadan.  They differ, however, about the exact time. Al-Thawri, Ishaq, Malik (in one of two reports), and Al-Shafi`i (in one of his two opinions), are of the opinion that it is due at the sunset of the night of breaking the fast, for this is when the fast of Ramadan ends. However, Al-Layth, the Hanafi school, Al-Shafi`i (in his other opinion), and the second report of Malik say that Sadaqat al-Fitr is due at the start of Fajr (dawn) on the day of `Eid because it is an act of worship connected with `Eid, so the time of its payment should not be before `Eid just as sacrifice on the `Eid Al-Adha.

These two different views acquire relevance if a baby is born after sunset but before dawn on the day of `Eid; the question then is whether Sadaqat al-Fitr is obligatory for the baby or not. In accordance with the first view, it is not, since the birth took place after the prescribed time, while according to the second view, it is obligatory because the birth took place within the prescribed space of time.

Time of Payment

It is not permissible to delay giving Sadaqat al-Fitr after the day of `Eid (i.e. one may give it up to the time of the `Eid prayer). However, there are some jurists who think that it is permissible to delay giving it even after the `Eid prayer.  The founders of the four schools of Fiqh hold the first opinion, but Ibn Sirin and al-Nakha`i (rahimahumullah) say that its payment can be delayed. Ahmad says: “I hope that there is no  harm (in delaying  the payment).” Ibn Raslan says that there is a consensus that payment cannot be delayed merely for the reason that it is a type of sadaqa. Thus, any delay is a sin and is analogous to delaying one’s prayers without an acceptable excuse.

Anyway,  the  founders  of  the  four  accepted  Islamic  legal  schools  agree  that  Sadaqat  al-Fitr  is  not  nullified  simply  by failure to pay it on its due time. If it is not paid before `Eid prayer, one is not exempt from it. It becomes a debt payable even after death. The heirs must not distribute the deceased’s legacy before payment of the deceased’s unpaid Sadaqat al-Fitr.

Most scholars believe that it is permissible to pay sadaqat al-Fitr a day or two before `Eid. Ibn `Umar (radhiyallahu anhu) reported that the Messenger (sallallaahu alayhi wasallam) ordered them to pay Sadaqat al-Fitr before the people went out to perform the `Eid prayer. Nafi` reported that `Umar (radhiyallahu anhu) used to pay it a day or two before the end of Ramadan. However, scholars hold different opinions when a longer time period is involved. According to Abu Hanifah (rahimahullah), it is permissible to pay it even before Ramadan so long as you make the intention of Sadaqah. Al-Shaf`i (rahimahullah) holds that it is permissible to do so at the beginning of Ramadan. Malik and Ahmad (in his well-known view) maintain that it is permissible to pay it only one or two days in advance.

The reasons for these differences in opinion is that the Prophet  (sallallaahu alayhi wasallam) used to pay sadaqat al-Fitr after Fajr prayer on the day of `Eid but before the `Eid prayer for the reason that the Muslim community was still small and limited in number.

During the time of the Companions the payment was made one or two days before the `Eid. After the spread of Islam the jurists permitted its payment from the beginning and middle of Ramadan so as to ensure that the sadaqat al-Fitr reached its beneficiaries on the day of `Eid, thereby avoiding the possibility that the process of distribution would delay reception of the payment after the day of `Eid.

These differences  of  opinion  among  the  jurists  justify  some  leniency  for  Muslims  in  regard  to  the  time  of  payment,  and therefore a Muslim can pay at any of these times. He also took the view that paying it at different times gives the poor and needy the opportunity to benefit from Sadaqat al-Fitr and fulfil their needs for longer periods.

These differences are due to taking into consideration both the needs of the poor and the opportunity of attaining the wisdom behind the obligation of Sadaqat al-Fitr. Therefore, the most acceptable and practical approach is to apply whichever practice fulfils the purpose and wisdom behind sadaqat al-Fitr, that is bringing happiness to the poor on the day of `Eid and giving their children a chance to enjoy this day as others do.

What type of food can be given and permissible substitutes??

The jurists hold different views as to the types of food which must be given as Sadaqat al-Fitr.  The Hanbali view is that the kinds of food which can be given are five: dates, raisins, wheat, barley, and dry cottage cheese. Imam Ahmad (rahimahullag) is reported to have said that any kind of staple grain or dates are also permissible, even if the above five types are available. The Malikis and Shafi`is are of the view that it is permissible to give any kind of food as long as it is the main staple in that particular region or the main food of the person. As for the Hanafis, they permit paying the value of Sadaqat al-Fitr in money.

Ibn Al-Qayyim highlighted these different viewpoints and concluded that the Prophet (sallallaahu alayhi wasallam) prescribed Sadaqat al-Fitr as one Sa` of dates, barley, raisins or dry cottage cheese.  These were the main staple kinds of food in Madinah.

As for people of other territories, what they should pay is one Sa` of their staple grain, such as corn, rice, etc. But if their main staple food is other than grain, such as milk, meat, fish, etc., then they should pay one Sa` of that particular food.  This is the opinion of the majority of scholars and is the preferred point of view, since it achieves the purpose of fulfilling the needs of the poor on the day of `Eid with the staple food of their region.

The Calculation of Sadaqat al-Fitr

The amount of Sadaqat al-Fitr, as we referred earlier, is one Sa` of food.  There is consensus on this amount among the  scholars  with  regard  to  all  types  of  food  except  wheat  and  raisins.  As  for  these  two  types  the  Shafi`is,  Malikis and Hanbalis agree that the prescribed amount is one Sa`, however the Hanafis say it is sufficient to pay half Sa` from wheat and they differed with regard to raisins. Wheat was  not a  common  food  amongst them  during  the  time  of  the Prophet  so  he  did not  prescribe  one  Sa`  of  it as he did with the other types of food.

As for those of the Companions of the Prophet who prescribed half Sa` of wheat instead of one Sa` of barely or dates like Mu`awiyah (radhiyallahu anhu) and other Companions, the opinion regarding this is that they did so by analogy, since the value of wheat was more than those of other types of food which were equal. But according to their opinion, the value should be considered and taken as the criterion and this will cause instability and confusion for it changes from place to another and from time to time. He mentioned that in Pakistan the value of wheat is less than that of dates, then how should we pay of it half the amount (i.e. Sa`) that we should pay of dates? He also mentioned that nowadays raisins are more expensive than wheat and dates. The only solution for these problems, he says, is to regard Sa` as the criterion and basis.

The Prophet (sallallaahu alayhi wasallam) appointed Sa` as the measure and did not prescribe it in money saying that in his opinion there are two reasons for this: First, money was still rare among the Arabs particularly the Bedouins. They did not have their own currency. So if the Prophet had prescribed it in money, he would have caused hardship to them. Second, the purchasing power of money changes from time to time. For instance, the purchasing power of a certain currency sometimes becomes low and other times high, so paying Sadaqat al-Fitr in money  makes  its  value  unstable. That  is  why  the  Prophet  prescribed  it  with  a  stable  measure,  that  is  an  amount of food which fulfils the needs of one family. For one Sa` provides a family with food for a whole day.

The Amount of Sa`

Sa` is a certain measure which equals 4 mudds (a mudd equals a handful of an average man).  The contemporary  equivalent  weights  of  Sa`  differs  according  to  the  stuff  which  is  weighted.  For  example  a  Sa`  of  wheat equals 2176 grams, a Sa` of rice is 2520 grams, a Sa` of beans equals 2250 grams etc.  Therefore some scholars are of the view that the criterion should be the measure not the weight for there are kinds of food which are heavier than others. But I think this is the case if the equivalent weight of a certain kind of food is not known. If there is no available measure or weight with the person, then he should pay 4 mudds. Nowadays, it is not that problem because ministries of religious affairs in Muslim countries and mosques and Islamic centres in Western countries announce the value of Sadaqat al-Fitr every year. Anyhow, this is the obligatory amount which every Muslim should pay. It is better and recommended that one pays an extra amount, particularly for those who are wealthy, for they will be rewarded for it.

Its Payment in Money

As mentioned earlier, the Hanafis permitted the payment of Sadaqat al-Fitr in money. This is the view of Al-Thawri, Al-Hasan  al-Basri,  and  `Umar  ibn  `Abd  al-`Aziz (rahimahumullah).  However,  the  other  three  schools  did  not  permit  this. Their  argument is that the Prophet did not do so and hence its payment in money contradicts the Sunnah of the Prophet. But  some  contemporary  scholars  support  the  Hanafi  view  since  this  is  easier  nowadays  for  the  payer  particularly in cities where people use only money for dealings. Among them is al-Ghazali (rahimahullah), who mentioned earlier the two reasons for which the Prophet did not prescribe it in money. He also stated  that  the  purpose  of  Sadaqat  al-Fitr  is  to  fulfil  the  needs  of  the  poor  and  this  is  achieved  also  by  payment  in money and that in most cases and most countries the payment in money is more useful to the poor. He also mentioned that when the Prophet prescribed it from food, it was easy for the payer and useful for the recipient during that time. But nowadays to pay it in food is not useful for the poor because he cannot  make use, for instance, of wheat or dates unless he sells them with any price, generally low, to buy his needs with the money.

We have excluded the times of famines where the payment of food is more useful for the recipients and said that the criterion is the benefit of the poor so if food proves to be more useful as in times of famines and catastrophes, then its payment in kind is better. But if money is more useful, then its payment in money is better.

Nowadays, if we consider the condition in the Muslim world in general and that of Muslims in the  West in particular we will discover that the second view is more convenient with the spirit of Islamic legislation and the present  condition  of  Muslims.  As we  will  see  later when  Muslims  living  in  the West  decide  to  transfer  their  Zakah funds or some of them to needy Muslims in Muslim countries, then the payment in money is more convenient.

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