Sharh as-Sunnah : Lesson 49: Point 83
Shaykh Fawzan | Dawud Burbank [Audio|English]
Imaam Barbahaaree rahimahullaah said:
And the Zakaat is due upon gold, silver, dates, grain and cattle in accordance with what was stated by Allaah’s Messenger sallAllaahu `alayhi wa sallam. So if he distributes it then that is permissible and if he hands it over to the ruler then that is permissible and Allaah knows best.
Transcribed Audio:
The third pillar from the pillars of Islaam is the Zakaat and it is the constant companion of the Salaat (prayer) in many of the aayahs of the Qur’aan. And the Zakaat is a known due amount from the wealth of the rich to be given to the poor. And the types of wealth upon which the Zakaat is due are four types:
- An-Naqdaan (the two forms of currency); gold and silver and that which can take their place with regard to paper currency.
- Baheematul An-`Aam (cattle); camels and cows and sheep.
- Al-Khaarij minal-Ard (that which grows from the earth) with regard to grains and fruits.
- Urood ut-Tijaarah (merchandise); goods which are traded in and it is merchandise, which is offered for buying and selling.
These are the types of wealth upon which Zakaat is due. As for everything besides these four types of wealth, then if a person wants to give in charity from it and to donate from it then that is up to him. The door to giving in charity and donation is open wide.
His saying, “So if he distributes it (the Zakaat himself) then that is permissible and if he hands it over to the ruler then that is permissible,” it is obligatory upon him to pay the Zakaat because of His saying, He, the Most High:
وَأَقِيمُوا الصَّلَاةَ وَآتُوا الزَّكَاةَ
And establish the prayer and give the Zakaah
(Sooratul-Baqarah (2), aayah 43)
Aatu; meaning give it, hand it over. So it is obligatory upon the person possessing wealth that he hands it over and he is the one responsible for it. So if the ruler requests it so that he can take charge of it then it becomes obligatory to hand it over to him because obedience to him is obligatory and in order to free the one who gives it from responsibility because the Prophet sallAllaahu `alayhi wa sallam used to send out collectors to take the Zakaat from the owners of wealth and to distribute it to those who were deserving of it. And those who are in authority take the place of the Messenger sallAllaahu `alayhi wa sallam in that regard after him. And as for if the rulers don’t demand it then the responsibility is upon the person having the wealth.[1] [2]
Footnotes:
[1] As for the explanation of Shaykh Ahmad an-Najmee rahimahullaah then he said: “The Zakaat, which is due upon gold and silver is 1/40th i.e 2.5%.
And the nisaab (limit) (if you have that limit then it’s payable); for silver is 595 grams. As for the nisaab (limit) for gold then it is 20 mithqaals and a mithqaal is 4.23 grams. (Translator’s side point: In other words, for gold – it works out at 85 grams; if you have 85 grams or more then you have to pay Zakaat upon it).
And dates and what has their meaning such as grapes; their nisaab is 5 wasaq (loads).(Translator’s side point: They mention that as being something like 653 kg).
And likewise cereal crops such as wheat and barley and corn and millet and rice, the nisaab for each of these is also 5 loads and 1 wasaq(load) is 60 sa`as; (60 prophetic sa`as), Allaahu A`lam.
And as for the cattle then the limits for them are well-known.
[2] Translator’s Sidepoint regarding the Zakah on merchandise, goods for trade
With regard to the 4th category of wealth i.e merchandise, goods for trade – Shaykh Fowzaan mentions here that is the view of the great majority of the scholars.
Shaykh al Fowzaan said in his book Al-Mulakhas al-Fiqhee, “More than one have quoted consensus (Ijmaa`) of the People of Knowledge that upon goods which are traded; Zakaat is obligatory upon them, if a year has passed over them.
Shaykh ul-Islaam ibn Taymiyyah said: The four Imaams and the rest of the nation except for some isolated ones are agreed that it is obligatory to pay it upon the goods for trade. And you can find the rest of the speech of Shaykh ul Islaam in Majmoo` al- Fataawa volume 25, page 15.
On the same point Imaam Ash-Shawkaanee in his book Nayl al-Awtaar, he mentioned the same view that it’s obligatory to pay Zakaat upon the goods for trade. Then later on he changed his view in other books Al-Sayl al-Jarraar and Ad-Daraaree al-Mudiyyah that he mentioned something different (changed the view and said it’s not obligatory) because trade used to occur in his time (sallAllaahu `alayhi wa sallam) in all the forms of that which was traded in and it is not reported from him anything, which would necessitate this. And Imam Shawkaanee said : “Ibn ul-Mundhir claimed that there is Ijmaa` consensus upon Zakaat being upon trade but this quote is not correct. So the first of those who disagreed with that are the Dhaahirees and they are a group from the groups of Islaam.”
Likewise, finally Shaykh Al-Albaaniyy mentioned in Tamaam ul-Minnaah that his view was, he said, “What is the truth is that the saying that Zakaat is not obligatory upon the goods for trade is what is correct because there is no proof for it from the Book or the authentic Sunnah.” And then he mentioned this saying that it being not obligatory was the saying of some of the scholars before and some of the scholars such as Ataa Abee Rabaah from the Taabi`een and Ibn Hazm and Siddeeq Hassan Khaan from the later scholars.
Side point: And likewise, Ibn Qudaamah mentioned in Al-Mughnee this as being the saying of Daawood Adh–Dhaahiree and also related from Imaam Maalik as one saying, W`Allaahu A`lam.
—
Ithaaful-Qaaree bit-Ta`leeqaat `alaa Sharhis-Sunnah
(A Gift To The Reader In Annotation Of Sharh As-Sunnah)
by Shaykh Saalih ibn Fowzaan al-Fowzaan hafizahullaah
Translated by Aboo Talhah Daawood Burbank, rahimahullaah
Transcribed by Saima Zaher.
Posted with kind permission from Dawud Burbank rahimahullaah
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