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whom be peace, saying: "A man [from Banu Isra'il] said [to himself]: 'Tonight I will give away something in sadaqah.' So he
went out with his sadaqah and [unknowlingly] gave it to a thief. The next moming he was told by the people that he had
given sadaqah to a thief. [On hearing this,] he said: 'O Allah! Praised be You. Certainly I will give sadaqah again.' So, he
went out with his sadaqah and [unknowingly] gave it to an adulteress. The next moming he was told that he had given
sadaqah to an adulteress. The man said: 'O Allah! Praised be You. [I gave my sadaqah] to an adulteress. Certainly I will
give sadaqah again.' Thus he went out with his sadaqah again and [unknowingly] gave it to a rich person. The next
moming the people said that the night before he had given his sadaqah to a wealthy person. He said: 'O Allah! Praised be
You. [I have given my sadaqah] to an adulteress, a thief, and a rich person.' [In his dreams] he saw someone saying to
him: 'The sadaqah you gave to the thief might make him abstain from stealing, and that given to the adulteress might
make her abstain from illegal sex [adultery], and that given to the wealthy person might make him learn a lesson from it
and spend his wealth, which Allah, the Exalted One, has given him in Allah's cause.' " This is related by Ahmad, al-
Bukhari, and Muslim.
The Prophet, upon whom be peace, said to a man who asked him for sadaqah: "If you were eligible for zakah, I would
have given you your due." He (the Prophet) gave (zakah) to two well built persons saying: "If you wish, I will give from it
[sadaqah]. There is no portion in it for a wealthy person or a healthy individual who is eaming." Ibn Qudamah says: "If he
would have considered the reality of the rich person, he would not have been contented with what they said [conceming
this matter]."
The opinion of Malik, ash-Shaf'i, Abu Yusuf, ath-Thauri, and Ibn al-Mundhir is that it will not be sufficient for a zakah payer
to give it to the undeserving, especially when his mistake becomes clear. In that case, he should pay zakah once again to
those who deserve it. His case is similar to the case of unpaid debts (owed) to other people. Ahmad says that there are
two opinions conceming one paying zakah to a person whom he thought was poor and later leamed was rich. The first
contends it would be considered paid, while the second says that it would not be. When it becomes known that one who
received zakah is a slave, an unbeliever, a Hashimite (a person from the Prophet's family), or an ineligible relative of the
zakah payer, then one has not discharged one's obligation, the reason being that it is difficult to know who is rich and who
is poor: "The ignorant man thinks that since they [who do not ask for] are modest they are free from want" [al-Baqarah
273].
Fiqh-us-Sunnah
Fiqh 3.55
Loss of the Holdings after Zakah is Due
Once zakah becomes payable on the holdings either because of the completion of a year or harvest time,
and the holdings or part of them are lost, the owner still has to pay it. Whether the loss occured owing to
negligence or not does not matter……
Fiqh-us-Sunnah
Fiqh 3.28
The Rate of Zakah
The rate of zakah differs according to the method of irrigation. If it is watered naturally without the use of artificial means,
then the zakah payable is a tithe (one-tenth) of the produce. However, if it is irrigated by a mechanical device or with
purchased water, then the zakah payable is half a tithe.
Mu'adh reports that the Prophet, upon whom be peace, said: "On that which is watered by the heavens, or by an adjacent
water channel, a tithe is due. As for what is irrigated through a well or a stream, its zakah is half a tithe." This hadith is
narrated by alBaihaqi and al-Hakim, and is graded sahih.
Ibn 'Umar reported that the Prophet, upon whom be peace, said: "On that which is watered by the heavens or springs or
its own roots, a tithe is due, and on that watered by a well or a stream, half a tithe." This hadith is narrated by al-Bukhari
and others.
In case the land is watered equally by artificial as well as natural means, then zakah payable will be three-fourths of a
tithe.
Ibn Qudamah stated that he did not know of any difference of opinion on the preceding hadith. If one method of watering is
used more than the other, then for calculating zakah, this would be the determining factor. This is the view of Abu Hanifah,
Ahmad, athThauri, and ash-Shaf'i (one of his two opinions).
All of the costs involved in harvesting, transportation, threshing, cleaning, storing, and others are to be borne by the owner
from his property and should not be accounted for against the zakah to be paid.
Ibn 'Abbas and Ibn 'Umar hold that whatever is borrowed for the purpose of tilling, planting, and harvesting should first be
taken out.
This is evident from their following statements reported by Jabir ibn Zaid that Ibn 'Abbas and Ibn 'Umar said that a man
who borrows in order to spend it either on cultivation (of his land) or on his family must first pay off his debt, then pay
zakah on the rest. Ibn 'Abbas said: "First he must pay off what he spent on cultivation, and then pay zakah on the rest."
Yahya ibn Adam related this in al-Kharaj.
Ibn Hazm relates from 'Ata that all expenses are to be deducted first. If zakah is applicable to the remaining amount, only
then will it be paid.
Fiqh-us-Sunnah
Fiqh 3.70a
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