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30. Setting Debt Free through Zakah
Fiqh us-Sunnah Vol.3 Page 80
31. Transfer of Zakah
Fiqh us-Sunnah Vol.3 Page 81
32. Errors in the Distribution of Zakah
Fiqh us-Sunnah Vol.3 Page 83
33. Disclosure of Sadaqah
Fiqh us-Sunnah Vol.3 Page 84
Fiqh-us-Sunnah
Fiqh 3.54
Zakah ie the Responsibility of the Owner, Not the Holdings Themselves
The Hanafiyyah, the Malikiyyah, and a report from ash-Shaf'i and Ahmad propose that it is the property which owes zakah.
The second opinion attributed to ash-Shaf'i and Ahmad is that zakah is the responsibility of the owner, not the property.
The difference between the two opinions is obvious:…..
Fiqh-us-Sunnah
Fiqh 3.16a
Zakah on Jewelry
Scholars agree that no zakah has to be paid on diamonds, pearls, sapphires, rubies, corals, chrysolite, or any kind of
precious stones unless they are used for trade. There is, however, disagreement over whether women's gold or silver
jewelry is exempt. Abu Hanifah and Ibn Hazm hold that zakah is compulsory on gold and silver jewelry provided they
constitute a nisab. Their view is based on the report of 'Amr ibn Shu'aib from his father from his grandfather: "Two women
with gold bracelets on their wrists came to the Prophet, upon whom be peace. The Prophet said: 'Do you want Allah to
make you wear bracelets of fire on the Day of Judgment?' They answered: 'No.' He said: 'Then pay the zakah which is due
on what you wear on your wrists.' "
In the same way, Asma' bint Yazid reported: "My aunt and I, while wearing gold bracelets, went to the Prophet, upon
whom be peace. He asked: 'Did you pay their zakah?' She related that they had not. The Prophet said: 'Do you not fear
that Allah will make you wear a bracelet of fire? Pay its zakah.' " Al-Haythami confirms that it was narrated by Ahmad, and
its chain is good.
'Aishah narrated: "The Messenger of Allah, upon whom be peace, came to me and saw me wearing silver rings.
Thereupon, he asked: 'What is this, 'Aishah?' I replied: 'I made them to adorn myself for you, O Messenger of Allah.' He
said: 'Did you pay their zakah?' I said: 'No, or what Allah wishes.' Then he said: 'Their punishment in Hell is enough for
you.' " This is related by Abu Dawud, ad-Daraqutni, and al-Baihaqi.
Malik, ash-Shaf'i, and Ahmad ibn Hanbal hold that there is no zakah on women's jewelry regardless of its value. Al-Baihaqi
relates that Jabir ibn 'Abdullah was once asked if jewelry was subject to zakah. He replied that it was not, even if its value
exceeded one thousand dinars.
Al-Baihaqi also narrates the case of Asma': "Asma' bint Abu Bakr used to adorn her daughters with gold. Although its
value was around fifty thousand dinars, she did not pay zakah on it."
It is related in al-Muwatta' from 'Abdurrahman ibn al-Qasim from his father that 'Aishah used to take care of her nieces,
who were orphans under her protection, and adorned them with jewelry without paying its zakah. Also in al-Muwatta' it is
related that 'Abdullah ibn 'Umar used to adorn his daughters and slave girls with gold without paying zakah.
Summing up the subject, al-Khattabi concludes: "What appears in the Qur'an supports the view of those who hold that
zakah is obligatory on gold and silver, and the traditions also support this. Those who did not consider it obligatory based
their view on speculation and some of the traditions. However, to be on the safe side, it is better to pay." These different
views deal with allowable gold or silver adornment. As for other adornments which are prohibited-- that is, a woman
wearing a man's adornment--their zakah should be paid. The same rule is applied to gold or silver utensils.
Fiqh-us-Sunnah
Fiqh 3.83
Errors in the Distribution of Zakah
The topic of recipients versus non-recipients of zakah has already been covered. It does happen, however, that a zakah
payer inadvertantly gives it to an ineligible person at the expense of an eligible one. Upon the realization of such a
mistake, would he be considered to have fulfilled his obligation of zakah or would it still be a debt upon him until he pays it
to the right people? The jurists differ over this point. Abu Hanifah, Muhammad, al-Hasan, and Abu 'Ubaidah maintain that
in such a case he would not be required to pay another zakah.
Ma'an ibn Yazid reports: "My father set aside a few dinars for sadaqah and gave them to a man in the mosque. I went and
took them and brought them back to my father. He said: 'By Allah! What have you done?' I consulted the Prophet, upon
whom be peace, about it. The Prophet observed: 'O Yazid, for you is what you intended and O Ma'an, for you is what you
have taken.' " This is related by Ahmad and al-Bukhari. The meaning of this hadith is that sadaqah is supererogatory
(nafl); however, the word ma (meaning what) in laka rna nawayta (for you is what you intended) denotes generalization.
Abu Hanifah and Muhammad are supported in their stand by a hadith from Abu Hurairah which reports the Prophet, upon
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