Series of Answers by the Eminent Scholar Ata bin Khalil Abu al-Rashtah, Amir of Hizb ut-Tahrir, to Questions from Visitors to His Facebook Page "Fiqhi"
Answer to Question
To: Baker Sa’id
Question:
Assalamu Alaikum Wa Rahmatullah Wa Barakatuhu, I pray to Allah that you are in good health and well-being.
What is the ruling on paying Zakat al-Fitr and expiations (Kaffarat), such as the expiation for an oath (Yamin) and Zihar, in monetary value? Furthermore, can the value be given to a single poor person, or must it be distributed according to Allah's specification—ten poor people for the expiation of an oath and sixty for the expiation of Zihar?
Barakallahu Fikum.
Answer:
Wa Alaikum Assalam Wa Rahmatullah Wa Barakatuhu,
You are asking about two matters:
First: Is it sufficient to pay the value for Zakat al-Fitr and expiations instead of what is mentioned in the Shariah texts, such as food, clothing, and the like?
Second: Can the entire value be given to one poor person if the texts specify a certain number of recipients, or is it mandatory to adhere to the number of poor people mentioned in the texts, such that the full value is not given to one person but distributed among the specified number?
- Regarding the first question, scholars have differed over the sufficiency of giving the value. That is:
Either as mentioned in the noble Hadiths:
Al-Bukhari narrated from Nafi’ from Ibn Umar (ra) who said:
فَرَضَ رَسُولُ اللَّهِ ﷺ صَدَقَةَ الْفِطْرِ صَاعاً مِنْ شَعِيرٍ أَوْ صَاعاً مِنْ تَمْرٍ عَلَى الصَّغِيرِ وَالْكَبِيرِ وَالْحُرِّ وَالْمَمْلُوكِ
"The Messenger of Allah ﷺ enjoined Zakat al-Fitr as a sa’ of barley or a sa’ of dates upon the young and the old, the free and the slave." (Narrated by Al-Bukhari). Al-Tirmidhi also narrated it and added: "upon the male and the female... he said: then the people equated it to half a sa’ of wheat." Thus, it is given in kind.
Or in monetary value, meaning by estimating the cash equivalent of the specific items of Zakat al-Fitr mentioned in the Hadiths.
The weightier opinion (ar-rajih) according to us is what is mentioned in the book The Funds in the Khilafah State (Al-Amwal fi Dawlat al-Khilafah), regarding the permissibility of giving the value and that it is sufficient for Zakat, based on the following evidences:
a- It is stated in the book The Funds in the Khilafah State (pp. 150-151, Word file):
["In the Zakat of crops and fruits, it is permissible to take the value—in money or otherwise—instead of taking the crops and fruits themselves. This is based on what Amr bin Dinar narrated from Tawus:
أَنَّ النَّبِيَّ ﷺ بَعَثَ مُعَاذاً إِلَى الْيَمَنِ فَكَانَ يَأْخُذُ الثِّيَابَ بِصَدَقَةِ الْحِنْطَةِ وَالشَّعِيرِ
'That the Prophet ﷺ sent Mu’adh to Yemen and he used to take garments in place of the Zakat of wheat and barley.' (Narrated by Abu Ubayd)...
It was narrated from Mu’adh, regarding the Zakat itself, that he took goods in its place, as seen in his statement: 'Bring me a Khamis or Labiis (types of garments) which I will take from you in place of the Zakat; for it is easier for you and more beneficial for the Muhajirun in Madinah.' It has been found in the Sunnah from the Messenger of Allah ﷺ and his Companions that a right may be due on wealth, and then it is converted to something else which is easier for the giver than the original. An example of this is the Prophet's ﷺ letter to Mu’adh in Yemen regarding the Jizya:
أَنَّ عَلَى كُلِّ حَالِمٍ دِينَاراً أَوْ عِدْلَهُ مِنَ الْمَعَافِرِ
'That every adult must pay one Dinar or its equivalent in Ma’afir (Yemeni garments).' (Narrated by Abu Dawud). Thus, the Prophet ﷺ took goods instead of the item itself, i.e., he took garments instead of gold. Another example is what he wrote to the people of Najran:
أَنَّ عَلَيْهِمْ أَلْفَيْ حُلَّةٍ فِي كُلِّ عَامٍ، أَوْ عِدْلَهَا مِنَ الأَوَاقِيِّ
'That they owe two thousand garments every year, or their equivalent in Uqiyyahs (of silver).' (Narrated by Abu Ubayd). Ibn Qudamah mentioned in Al-Mughni that Umar (ra) used to take camels for the Jizya instead of gold and silver, just as Ali used to take needles, ropes, and large needles for the Jizya instead of gold and silver."] End quote.
b- In The Funds in the Khilafah State (p. 159, Word file):
["Zakat is paid for gold in gold, representative paper money (al-awraq al-na’ibah), and fiduciary paper money (al-awraq al-wathiqah). Zakat is paid for silver in silver, representative paper money, and fiduciary paper money. It is also sufficient to pay Zakat for gold in silver or fiat paper money (al-awraq al-ilzamiyyah), and for silver in gold or fiat paper money; because they are all currency and prices, so one suffices for the other, and it is permissible to give one for the other as the objective is achieved by that. The evidences for taking the value instead of the actual wealth in which Zakat is due were already mentioned in the chapter on Zakat of crops and fruits."] End quote.
Accordingly, I consider it weightier that it is permissible to pay Zakat al-Fitr in monetary value or to give it in kind as mentioned in the noble Hadiths.
c- For information, there are various opinions among the jurists on this, including:
The Hanafis believe that what is obligatory in Zakat al-Fitr is half a sa’ of wheat, its flour, its parched grain, or raisins, or a sa’ of dates or barley. As for its description, the obligation of what is mentioned is in terms of it being wealth of value in general, not because of the item itself. Therefore, it is permissible to give the value for all of that in Dirhams, Dinars, Fulus (copper coins), goods, or whatever one wishes. Imam al-Sarkhasi stated in Al-Mabsut (3/107-108): ["If he gives the value of wheat, it is permissible in our view; because what matters is the attainment of enrichment (ghina), and that is achieved by the value just as it is achieved by wheat... This is the Hanafi school, and it is their practice and fatwa for every Zakat, expiations (Kaffarat), vows (Nadhr), land tax (Kharaj), and others..."]
Umar bin Abdul Aziz also viewed the permissibility of giving the value. On the authority of Waki’ from Qurrah, he said: A letter from Umar bin Abdul Aziz came to us regarding Zakat al-Fitr: "Half a sa’ for every person, or its value: half a Dirham." These reports were narrated by Imam Abu Bakr bin Abi Shaybah in Al-Musannaf (2/398).
Therefore, it is not mandatory to adhere to the items mentioned in the texts; rather, it is permissible to give the value based on the Shariah evidences mentioned above.
- As for the second question, scholars have also differed on this matter. The opinion I consider weightier is that if the text mentions a specific number of poor people, such as:
فَكَفَّارَتُهُ إِطْعَامُ عَشَرَةِ مَسَاكِينَ مِنْ أَوْسَطِ مَا تُطْعِمُونَ أَهْلِيكُمْ أَوْ كِسْوَتُهُمْ
"Its expiation is the feeding of ten needy people from the average of that which you feed your families or their clothing." (QS. Al-Ma'idah [5]: 89)
فَمَنْ لَمْ يَسْتَطِعْ فَإِطْعَامُ سِتِّينَ مِسْكِيناً
"And he who is unable [to fast] - then the feeding of sixty needy people." (QS. Al-Mujadila [58]: 4)
In this case, it is mandatory to adhere to the mentioned number (ten, sixty) whether the giving is in kind or in value. This is because the number is intended and serves as a binding condition (qayd lazim). However, if the text requests giving to the poor without mentioning a number, it is permissible to give to a single poor person due to the absence of a numerical restriction, and it is permissible to give to more than one. This is like the statement of Allah (swt) regarding Zakat:
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 those whose hearts are to be reconciled 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)
Thus, the person paying Zakat may give his Zakat to one poor person or distribute it among many, because no specific number was mentioned in the verse; rather, the word "the needy" (Al-Masakeen) was mentioned generally without a number... but it must be taken into account that they are eligible for Zakat due to the description of poverty...
The maximum limit of what they are given from Zakat, whether they are one or more, is that which makes them independent of Zakat—i.e., what enriches them so they are no longer eligible for Zakat, meaning they are removed from the description of being "needy" by the Zakat given to them... It is not permissible to give them more than that... and this amount naturally differs from one person to another and from one situation to another.
This is what I consider weightier, and Allah is All-Knowing and Most Wise.
Your Brother, Ata bin Khalil Abu al-Rashtah
28 Ramadan 1443 AH Corresponding to 29/04/2022 CE
Link to the answer from the Amir’s Facebook page: https://www.facebook.com/HT.AtaabuAlrashtah/posts/539358737751500
Link to the answer from the Amir’s website: http://archive.hizb-ut-tahrir.info/arabic/index.php/HTAmeer/QAsingle/4241