Series of Answers by the Eminent Scholar Ata Bin Khalil Abu al-Rashtah, Ameer of Hizb ut-Tahrir, to the Questions of the Followers of his Facebook Page "Fiqhi"
Answer to Question
To Kareim Siam
Question:
Assalamu Alaikum Wa Rahmatullah Wa Barakatuh,
Al-Hawl is not a sunnah or a ‘am (year); it differs from them, and its duration is 10 and a half months. This is the Hawl according to the saying of the Almighty:
وَحَمْلُهُ وَفِصَالُهُ ثَلَاثُونَ شَهْرًا "And his gestation and weaning is thirty months." (Surah Al-Ahqaf [46]: 15)
If we subtract 9 months of pregnancy, 21 months remain, meaning that each Hawl is 10 and a half months. Likewise, the saying of the Almighty:
يُرْضِعْنَ أَوْلَادَهُنَّ حَوْلَيْنِ كَامِلَيْنِ "Mothers shall suckle their children for two whole years." (Surah Al-Baqarah [2]: 233)
Meaning 21 months after birth... Thus, Zakat would be every 10 and a half months, which means every 7 years we pay Zakat 8 times.
Answer:
Wa Alaikum Assalam Wa Rahmatullah Wa Barakatuh...
It seems you did not have enough time to start your question with the Islamic greeting! In any case, it is fine; we have started it on your behalf in the question as well as in the answer! Is it not better not to be stingy with the Salam, O Kareim?!
It crossed my mind not to answer for two reasons: First, that Al-Hawl in the sense of a year is a matter firmly established in the language and in the Sharia. Second, you are not asking to learn the answer but rather stating the conclusion that the Hawl is ten and a half months and then building an act of worship, Zakat, upon it, as stated in the question!
However, after considering the matter, I decided to answer so that your question does not cause any confusion for some people. I say, and with Allah is the success:
First: Al-Hawl in the language means the sunnah or the ‘am (year). Due to the fame of this meaning, some dictionaries use it to mean sunnah or ‘am without even explaining it, as if it is an accepted synonym for the year! I will quote for you what was mentioned in a number of linguistic dictionaries regarding its meaning:
- Lisan al-Arab: "The ‘am: it is the Hawl that passes through a winter and a summer, and the plural is a'wam."
- As-Sihah Taj al-Lughah wa Sihah al-Arabiyyah: "And the Hawl: the sunnah (year)..."
- Al-Qamus al-Muhit: "The Hawl: the sunnah, plural: ahwal, hu'ul, and huwuul."
- Taj al-Arus: "Hawl: the sunnah, so-called because of its transformation (inqlab) and the rotation of the sun in its rising and setting places."
- Al-Qamus al-Fiqhi: "The Hawl: the sunnah."
Second: Since the Quran is a clear Arabic speech, it is interpreted through the Arabic language. Therefore, it was stated in the books of Tafsir:
Tafsir al-Tabari (5/31): Abu Ja'far said: As for His saying: ﴿حَوْلَيْنِ﴾, He means two years. Muhammad bin Amr told me, Abu Asim told me, Isa told me, on the authority of Ibn Abi Najih, on the authority of Mujahid: وَالْوَالِدَاتُ يُرْضِعْنَ أَوْلَادَهُنَّ حَوْلَيْنِ كَامِلَيْنِ "Mothers shall suckle their children for two whole years." (Surah Al-Baqarah [2]: 233), meaning two years.
Ma’ani al-Quran wa I’rabuhu by Az-Zajjaj (1/312): The meaning of ﴿حَوْلَيْنِ كَامِلَيْنِ﴾ is twenty-four months, from the day he is born until the day he is weaned...
Tafsir al-Baghawi (1/277): The saying of the Almighty: ﴿حَوْلَيْنِ كَامِلَيْنِ﴾ meaning two years, وَذَكَرَ الْكَمَالَ لِلتَّأْكِيدِ...
Third: As for what you mentioned regarding the verse:
وَحَمْلُهُ وَفِصَالُهُ ثَلَاثُونَ شَهْرًا "And his gestation and weaning is thirty months." (Surah Al-Ahqaf [46]: 15)
Then you said that pregnancy is 9 months, and therefore weaning is 21 months, and you considered these 21 months as two Hawls as in the noble verse:
وَالْوَالِدَاتُ يُرْضِعْنَ أَوْلَادَهُنَّ حَوْلَيْنِ كَامِلَيْنِ لِمَنْ أَرَادَ أَنْ يُتِمَّ الرَّضَاعَةَ "Mothers shall suckle their children for two whole years, for those who desire to complete the term of suckling." (Surah Al-Baqarah [2]: 233)
You have erred in understanding and calculation! You assumed the duration of pregnancy is fixed at nine months, and this is wrong, as the duration of pregnancy can be 9, 8, 7, or 6 months... As for what is fixed, it is the Hawl, which is 12 months. Therefore, the interpretation of the two verses is as follows:
وَالْوَالِدَاتُ يُرْضِعْنَ أَوْلَادَهُنَّ حَوْلَيْنِ كَامِلَيْنِ "Mothers shall suckle their children for two whole years." (Surah Al-Baqarah [2]: 233)
Meaning mothers suckle for two full years (24 months)... and the verse:
وَحَمْلُهُ وَفِصَالُهُ ثَلَاثُونَ شَهْرًا "And his gestation and weaning is thirty months." (Surah Al-Ahqaf [46]: 15)
This means that the minimum duration of pregnancy is six months because the completion of breastfeeding—meaning its full term—is 24 months, so what remains for the minimum pregnancy is (30 - 24 = 6 months)... and this is a well-known matter among the jurists that they do not differ upon.
Fourth: Thus, you did not grasp the understanding and calculation correctly; you made the fixed (which is the Hawl) variable, and you made the variable (which is pregnancy) fixed! You reversed the meaning of the verse and concluded that the Hawl is ten and a half months, which is a statement that is not only wrong but is a "blunder."
I hope the matter has become clear... May Allah guide you to the right path.
Your Brother, Ata Bin Khalil Abu al-Rashtah
10 Jumada al-Thani 1438 AH Corresponding to 09/03/2017 CE
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