Series of Answers by the Eminent Scholar Ata Bin Khalil Abu Al-Rashtah, Amir of Hizb ut-Tahrir, to Questions from Followers of His Facebook Page "Fiqhi"
To Attia Al-Jabbarin and Adel Arbi
Question from Attia Al-Jabbarin:
Assalamu Alaikum, our brother Abu Yassin, may Allah protect you and grant you a long life...
Regarding the answer to the question about Zakat on livestock... We know that Zakat is due on grazing sheep (sa'imah), while non-grazing ones have no Zakat on them... In our case, the livestock owner feeds his animals at his own expense for most months of the year, and they only graze for a very short period. The purpose is to increase production, as a ewe often gives birth twice due to being fed most of the year (and these sheep are not for trade). Is there Zakat on them or not? May Allah bless you.
Your brother / Attia Al-Jabbarin, Palestine
Question from Adel Arbi:
Assalamu Alaikum, may Allah bless you, reward you with goodness, and grant you victory.
To whom should Zakat on livestock be paid in the absence of the Khilafah?
Answer:
Wa Alaikum Assalam Wa Rahmatullahi Wa Barakatuh,
Your two questions are about the Zakat on livestock and to whom it should be paid; therefore, I have combined the answer for both of you as follows:
First: Zakat on Livestock (Sheep, Cows, and Camels):
- There is no Zakat on stall-fed (ma'lufah) sheep, cows, and camels. This is because as-sawm (grazing) is a descriptive attribute that signifies the legal cause ('illiyyah). The linguistic implication of an attribute (mafhum as-sifah) involves linking a ruling to a specific quality of an entity, which implies the absence of that ruling if the quality is absent. The condition for this is that the attribute must be an "informative description" (wasf mufhim), meaning it conveys the legal cause. If it is not an informative description, it has no such implication... I reiterate that the condition for the implication of an attribute is that it must be an informative description, such as the saying of the Prophet ﷺ:
«فِي صَدَقَةِ الغَنَمِ فِي سَائِمَتِهَا...»
"Regarding the Sadaqah of sheep, it is due on those that are grazing (sa'imah)..." (Narrated by al-Bukhari). Sheep is the name of the entity, and it has two states: grazing (as-sawm) and stall-fed (al-'alaf). Since the obligation was linked to the attribute of grazing, it indicates that it is not obligatory for the stall-fed ones.
- The evidences for this are:
- Abu Dharr narrated that the Prophet ﷺ said:
مَا مِنْ صَاحِبِ إِبِلٍ، وَلَا بَقَرٍ، وَلَا غَنَمٍ، لَا يُؤَدِّي زَكَاتَها، إِلاَّ جَاءَتْ يَوْمَ الْقِيَامَةِ، أَعْظَمَ مَا كَانَتْ، وَأَسْمَنَ، تَنْطَحُهُ بِقُرُونِهَا، وَتَطَؤُهُ بِأَخْفَافِهَا
"There is no owner of camels, cows, or sheep who does not pay their Zakat, but that they will come on the Day of Resurrection larger and fatter than they were, goring him with their horns and trampling him with their hooves." (Agreed upon).
- Abu Dawood narrated from Abu Bakr that the Prophet ﷺ said in a long hadith:
... وَفِي سَائِمَةِ الْغَنَمِ إِذَا كَانَتْ أَرْبَعِينَ، فَفِيهَا شَاةٌ...
"...and regarding grazing sheep, if they reach forty, then one sheep is due..."
Ali (ra) said: "There is no sadaqah on laboring cattle." (Narrated by Abu Ubayd and al-Bayhaqi).
It was reported from Amr ibn Dinar that the Prophet ﷺ said:
لَيْسَ فِيْ الثَّوْرِ الْمُثِيرَةِ صَدَقَةٌ
"There is no sadaqah (Zakat) on the bull that turns the soil." (Narrated by Abu Ubayd). It was also narrated from Jabir bin Abdullah: "There is no sadaqah on the muthirah," where muthirah refers to the animal that turns the earth, i.e., plows it.
- Al-Hakim narrated in Al-Mustadrak 'ala al-Sahihayn from Bahz bin Hakim, from his father, from his grandfather, who said: I heard the Messenger of Allah ﷺ say:
فِي كُلِّ إِبِلٍ سَائِمَةٍ فِي كُلِّ أَرْبَعِينَ ابْنَةُ لَبُونٍ...
"For every grazing camel, for every forty, one bint labun (a two-year-old female camel) is due..." Al-Hakim said this hadith has a sound chain. Grazing (sa'imah) refers to animals that graze in the wild and pastures and are not stall-fed.
Thus, these three types of livestock must be zakat-eligible as explained above. Zakat is due on the sa'imah, which is the animal that grazes for most of the year. As for the stall-fed animal, no Zakat is due on it, nor is Zakat due on laboring cattle.
In summary, there is no Zakat on the physical animals themselves except for these three: sheep, cows, and camels. However, regarding trade goods ('urud at-tijarah), Zakat is paid on every animal if it is for trade—meaning for buying and selling—because of the texts regarding Zakat on everything offered for trade regardless of its type, whether it be grain, cloth, animals, etc. Among the texts regarding trade goods:
Samurah bin Jundub said: "The Messenger of Allah ﷺ used to command us to bring out the sadaqah from that which we prepared for sale." (Narrated by Abu Dawood).
Abu Dharr narrated that the Prophet ﷺ said:
وَفِي الْبَزِّ صَدَقَتُهُ
"And on cloth (al-bazz), its sadaqah is due." (Narrated by al-Daraqutni and al-Bayhaqi). Al-bazz refers to garments and fabrics used for trade.
Second: To whom is Zakat on livestock paid in the absence of the Khilafah?
As mentioned in your question, the focus is not on the recipients of Zakat, but rather to whom it is delivered.
- Zakat—whether it be livestock, crops and fruits, or currency and trade goods—is paid to the Khalifah, or whoever he deputizes among the Walis and Amils, or the collectors and workers he appoints over the sadaqat. Allah (swt) says:
خُذْ مِنْ أَمْوَالِهِمْ صَدَقَةً تُطَهِّرُهُمْ وَتُزَكِّيهِمْ بِهَا وَصَلِّ عَلَيْهِمْ إِنَّ صَلَاتَكَ سَكَنٌ لَهُمْ وَاللَّهُ سَمِيعٌ عَلِيمٌ
"Take, [O Muhammad], from their wealth a charity by which you purify them and cause them increase, and invoke [Allah's blessings] upon them. Indeed, your invocations are reassurance for them. And Allah is Hearing and Knowing." (QS. At-Tawbah [9]: 103)
In this verse, Allah commanded His Messenger to take the sadaqah from the owners of wealth. The Messenger ﷺ used to appoint governors (Walis), agents (Amils), and collectors over the sadaqah to take it from the owners of wealth, just as he used to appoint estimators to estimate the dates and grapes. During the time of the Messenger ﷺ, people used to pay Zakat to him or to those he appointed. This practice continued after him... so it is paid to the Khalifahs and their governors...
There are reports from the Sahabah and the Tabi'un regarding the permissibility of a person distributing the Zakat himself to the proper categories in the case of "silent wealth" (amwal samitah), i.e., currency. Abu Ubayd narrated that Kaysan brought two hundred dirhams as sadaqah to Umar and said: "O Commander of the Faithful, this is the Zakat on my wealth." Umar said to him: "Go and distribute it yourself." Abu Ubayd also narrated from Ibn Abbas: "If you place it in its proper places, and do not count any of your dependents as recipients, there is no harm." It was also narrated from Ibrahim and Al-Hasan that they said: "Place it in its proper places and keep it secret." This applies to silent wealth (money), which the payer can give to the Khalifah and his governors or distribute themselves.
As for livestock, crops, and fruits, they must be paid to the Khalifah or his appointees. Abu Bakr (ra) fought those who withheld Zakat when they refused to pay it to the governors and collectors he had appointed, saying: "By Allah, if they were to withhold [even] a young goat ('anaq) that they used to give to the Messenger of Allah, I would fight them for it." (Agreed upon via Abu Hurayrah). However, if he [the Khalifah] does not exist, it is permissible for the Zakat-payer to distribute it to the recipients of Zakat, who are mentioned in the noble verse:
إِنَّمَا الصَّدَقَاتُ لِلْفُقَرَاءِ وَالْمَسَاكِينِ وَالْعَامِلِينَ عَلَيْهَا وَالْمُؤَلَّفَةِ قُلُوبُهُمْ وَفِي الرِّقَابِ وَالْغَارِمِينَ وَفِي سَبِيلِ اللَّهِ وَابْنِ السَّبِيلِ فَرِيضَةً مِنَ اللَّهِ وَاللَّهُ عَلِيمٌ حَكِيمٌ
"Zakat expenditures are only for the poor and for the needy and for those employed to collect [zakat] and for bringing hearts together [for Islam] and for freeing captives [or slaves] and for those in debt and for the cause of Allah and for the [stranded] traveler - an obligation [imposed] by Allah. And Allah is Knowing and Wise." (QS. At-Tawbah [9]: 60)
The pillars of Islam are not suspended under any circumstances or conditions; rather, they are performed to the best of one's ability...
This is what I see in this matter, and Allah is All-Knowing and All-Wise.
Your brother, Ata Bin Khalil Abu Al-Rashtah
28 Jumada al-Ula 1440 AH Corresponding to 03/02/2019 CE
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