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Miftah-ul-Janna (Booklet for way to Paradise)

property; (i.e. it is

property; (i.e. it is still farz to pay zakât for the property.) One (lunar) year after a discreet and pubescent Muslim’s property of zakât reaches the amount of nisâb, if it is their full property and they earned it in a way that is halâl, it becomes farz for them to pay a certain amount of that property to one or a few of eight groups of Muslims; this (compulsory) payment is called zakât. The person to whom zakât is to be paid has to be a Muslim. One’s full property is property which is possible and permissible for one to use. Property that you buy becomes your property once an agreement has been made; yet it is not your full property before delivery, since it is not possible to use it. Property obtained by extortion, by oppression, by force, by theft, by interest, by bribery, by gambling or earned by playing a musical instrument, by singing or by selling alcoholic beverages, is called khabîth property. Zakât is not paid for khabîth property. For, that property is not your (owned property called) mulk; (in other words, it is not your own property.) It has to be returned to its owner, or to its dead owner’s inheritor(s), or, in the absence of inheritors, to poor Muslims. If property (which you have obtained by one of the aforesaid harâm ways) is mixed with other harâm property or with your own halâl property, it becomes your mulk, (i.e. your own property;) yet this time it is mulk-i-habîth (khabîth property), which is harâm to give someone else or to use anywise, and zakât is not paid for it since it is not your full mulk. After you indemnify the owners by paying them from your own halâl property of zakât the mithl (some kind) of the khabîth property, or its value in case its mithl is not available, it will be halâl for you to use the mulk-i-khabîth and you will have to add it to your calculation of nisâb. If you do not have enough halâl property to pay these debts of yours, you pay them by borrowing (from some of your acquaintances). Although it isharâm to use the mulk-i-habîth or to give it to someone; if you sell it or donate it as a gift, it will not be harâm for the person who buys it or accepts it as a gift. If the owners or the owners’ inheritors are not known, or if the harâm goods collected from various people have been mixed with one another and thereby become mulk-i-khabîth, then all the mulk-i-khabîth must be dispensed as alms to poor Muslims. If a poor Muslim returns as a gift something which he has been given as alms, then it will be permissible for the person who has given it to take it back. Gold and silver are not used in their pure state. If they are more than fifty per cent pure, their zakât must definitely be paid and – 192 –

their weight must be taken as the basis of calculation. If two kinds of them exist out on the market and are being used as themen, the one with higher purity is called jeyyid, and the one with lower purity is called zuyûf. If their purity is below fifty per cent and are being used in trade, their zakât must be given when their value reaches the amount of nisâb for gold or silver, respectively. Even if produce from land whose water is supplied by rain or streams is little or it is vegetable and fruit, which rot and moulder fast, one-tenth of it should be given to the official charged with collecting ’ushr. Thereafter the official sells the ’ushr he has collected and delivers the money to the treasury department called Beyt-ul-mâl. (Please scan the first and the twenty-ninth and the thirty-seventh chapters of the fifth fascicle of Endless Bliss.) There are scholarly narrations stating that it is farz to pay ’ushr for fruit when it appears or when it ripens or when it is reaped. Onetwentieth of the crop is paid when watering is done by animal power or with a pump or an engine or other machinery. It should be paid before deducting the expenses whatsoever. It is not permissible for the government to donate the ’ushr to the owner of the property or to forgive or cancel it. ’Ushr is paid also for honey obtained from mountains or from land with ’ushr. Zakât is not paid to dhimmîs. They can be paid sadaqa-i-fitr and/or vowed things or other alms. (Dhimmîs are non-Muslims living in a country of Muslims.) A non-Muslim who is not a dhimmî should not be paid alms that is farz or wâjib or nâfila (supererogatory), regardless of whether he is a muste’min one, (i.e. a non-Muslim who lives temporarily in a country of Muslims,) or a harbî one, (i.e. one who lives in a country of non-Muslims.) (Please scan the forty-sixth chapter of the fifth fascicle of Endless Bliss.)” If a poor Muslim is not in debt, it is makrûh to give him zakât as much as or more than the amount of nisâb. If the poor person has a family to support, i.e. wife and children, then it is permissible to give him a sum whose division into the number of the members of the family will be an amount somewhat below nisâb. It is permissible to sell property in return for fulûs that is current on the market. Fulûs means monetary coins made of metals other than gold and silver, or paper money; because it is customarily used as themen (price), it does not necessarily have to be made ta’yîn of; i.e. it is not necessary to point it out, to show it. If it becomes kâsid, that is, if it is no longer current on the market, the sale (that is made) becomes bâtil (invalid) according to Imâm A’zam Abû Hanîfa ‘rahima-hullâhu ta’âlâ’. (On the other hand,) – 193 –

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