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  • Q&A: Detailed Evidences for Zakat on Trade Merchandise

    Question:

    Can you please provide a hadith that proves that trade merchandise is one of the categories that one pays its Zakat, or is it considered as one of the categories under opinion and Ijtihad?

    From Bilal Abu Munshar

    Answer:

    Wa Alaikum Assalaam wa Rahmatullah wa Barakatuhu,

    Trade merchandise did not come under the categories of Zakat through opinion and Ijtihad, but through detailed evidences that are explained in the book: The Funds in the Khilafah State, page 148 (English version):

    “Trade merchandise is everything other than currency which is used for trading, buying and selling, for the sake of profit e.g. foodstuffs, clothing, furniture, manufactured goods, animals, minerals, land, buildings and other goods that are bought and sold.

    Zakat is obliged on merchandise taken for trade by the agreement of the Companions; From Samura b. Jundub who said:

    «أما بعد، فإن رسول الله كان يأمرنا أن نخـرج الصدقة من الذي نعد للبيع»

    “See! Verily the Messenger of Allah used to command us to give Sadaqah on what we prepared for sale” (narrated by Abu Dawud).

    Abu Dharr narrated from the Prophet صلى الله عليه وسلم who said:

    «وفي البَزِّ صدقته»

    “There is Sadaqah in Bazz.”

    Al-Bazz are clothes and woven material used for trading. Abu ‘Amra b. Hamas narrated from his father who said:

    «مرّ بي عمر بن الخطاب، فقال: يا حماس، أدّ زكاة مالك، فقلت: ما لي مال إلاّ جعاب، وأدم. فقال: قوّمها قيمة، ثمّ أدّ زكاتها»

    “‘Umar ibn Al-Khattab passed by and said: ‘O Hamas, pay the Zakat on your property’. I said: ‘I don’t have any property except for Ji’b (quivers) and leather’. He said: ‘Estimate them, then pay their Zakat.’”

    AbdurRahman b. Abdul-Qari said:

    «كنت على بيت المال، زمن عمر بن الخـطـاب، فكان إذا خرج العطاء جمع أموال التجار، ثمّ حسبها، شاهدها وغائبها، ثمّ أخذ الزكاة من شاهد المال على الشاهد والغائب»

    “I was appointed over Bait ul-Mal in the time of ‘Umar ibn Al-Khattab. When the gifts were given out, the wealth of the traders was collected and counted, of what was present or absent. Zakat was then taken from the present wealth for what was present and absent.”

    From ibn ‘Umar who said:

    «ما كان من رقيق أو بزّ يُراد به التجارة، ففيه الزكاة»

    “There is Zakat on Raqeeq (slaves) and Bazz suits upon which trade is intended.” 

    Your brother,

    Ata Bin Khalil Abu Al-Rashtah

    6 Muharram 1436 AH

    30/10/2014 CE

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  • Q&A: The Tangible Effect of Duaa

    Question:

    Assalamu alaikoum wa Rahmatuh Allahi wa Barakatuh dear sheikh, after this greeting, I would like you to help me in finding an answer to the matter of supplication (dua’a)… it is mentioned in the Holy Quran that Allah سبحانه وتعالى responds to the supplication (dua’a) of the person if he supplicates to Him سبحانه وتعالى. The Sunnah also showed us that the response to the supplication (dua’a) could be sooner or later, or is replaced with something better than it in Dunya or Akhira. The Hizb shows in the book of The Concepts of Hizb ut Tahrir that supplication (duaa) achieves a spiritual value but its effect is non-tangible results such as the reward. My question is how can you limit the effects of the supplication (duaa) to the reward only even though Allah سبحانه وتعالى can respond to the supplication (duaa) in the Dunya? May Allah سبحانه وتعالى bless you.

    From Abu Abdallah Khalaf

    Answer:

    Wa alaikum Assalam wa Rahmatullahi wa Barakatahu

    It seems that you are pointing to what is mentioned in the book of Concepts on pages 54 and 55, and that the topic has been a bit confusing for you, and the matter is as such:

    What has been mentioned about the Duaa in those two pages, which is achieving a non-tangible “reward”, was contextualized in a specific case which is when the Shariah scripts showed a Tareeqah to perform some matter, so we don’t use it but we suffice with supplication (duaa) only, and the book gives an example in Jihad and supplication towards opening a fortress or fighting the enemy…

    As for cases other than this case, supplication (duaa) might lead to tangible results in Allah’s سبحانه وتعالى Will, in addition to the reward as it appears in the Hadith of the Prophet صلى الله عليه وسلم that was mentioned in the question.

    In order for this matter to be clear, I will show what concepts have been mentioned on pages 54 and 55:

    1. The top of page 54 states: “On examining those actions which are defined by the Shar’ia rules related to the Tareeqah, we find that they are materialistic actions achieving tangible results.” End.

    This is correct, as by reading the evidence it shows that the actions of the Tareeqah (method) achieve tangible results.

    2. After this text, the book connects between Duaa and Jihad in the case of opening a fort or city or fighting the enemy, so it saw that Duaa alone is not from the Tareeqah, but rather Jihad is the Tareeqah in this case, and that is according to the mentioned evidence…

    It is mentioned in the book Concepts: “… For example, supplication (duaa) is a materialistic action that achieves a spiritual value, and Jihad is also a materialistic action that achieves a spiritual value. However, duaa, although being a materialistic action, it achieves a non-tangible result which is the reward even if the intention of its performer was to achieve a spiritual value. This is in contrast to Jihad, fighting against the enemy is a materialistic action which achieves a tangible result, e.g. the opening of a fortress or city, or killing the enemy and the like, even if the intention of the Mujahid was to achieve the spiritual value…”

    So the connection here is between supplication (duaa) and Jihad upon fighting the enemy or opening a fortress…:

    So if the action was done on supplication (duaa) alone, it will achieve a non-tangible result which is the reward, and that is because the Tareeqah that was mentioned in this case is Jihad and not supplication (duaa). As such, the topic is a connection between supplication (duaa) if used alone in a matter without using the Tareeqah which was shown for this matter.

    It is not permitted to generalize this case by making supplication (duaa) in other cases with no effect in the tangible results and that it only achieves the reward! This is because what is mentioned in the previous paragraph relates to a case which has a practical Tareeqah in Shari’ but was not taken, rather supplication (dua’a) was taken instead, so supplication (duaa) had a non-tangible result which is the reward.

    It seems also that the misunderstanding came from a sentence mentioned in the provided example, as it was mentioned: “However, duaa, although being a materialistic action, it achieves a non-tangible result which is the reward…”, so the sentence became as if it’s a sign for generalization, meaning that supplication (duaa) in all its cases does not but achieve non-tangible results such as the “reward”, whereas in the meantime the context of the example is for a specific case, which is using supplication (duaa) alone in opening a fortress or defeating the enemy without taking the Tareeqah which was mentioned in the texts about “Jihad”.

    3. As for supplication (duaa) while considering the reasons, it has an effect on the results, and it was what the Prophet صلى الله عليه وسلم used to do, and it is what his companions (rA) used to do. The Prophet صلى الله عليه وسلم would prepare the army and enter Al A’reesh while supplicating, and the Muslims in Al Qadisiyya would prepare the equipment in order to raid the river and Saad (rA) would proceed while supplicating to Allah سبحانه وتعالى… This is how the true believers would prepare the equipment then proceed in supplication, as the person striving to pursue Rizq would work really hard and seriously while supplicating, and the student studies and is diligent while supplicating to Allah سبحانه وتعالى for success, and by that it will have an effect on the result in Allah’s سبحانه وتعالى Will.

    It is mentioned in the book Concepts towards the end of the page 55: “It must be noted that though the action indicated by the Tareeqah is a materialistic action which achieves tangible results, this action should be directed by the commands and prohibitions of Allah with the intention of earning Allah سبحانه وتعالى pleasure. The Muslim must also be dominated by his awareness of his relationship with Allah, so he seeks nearness to Allah though salah, dua’a, recitation of the Qur’an and so on. He must also believe that Nasr is from Allah. It is necessary that Muslims maintain taqwa established in the heart to implement the rules of Allah. It is also necessary to make dua’a and to remember Allah (dhikr), and to maintain the relationship with Allah whenever undertaking all actions.” This obviously shows the importance of connecting supplication (duaa) with considering the reasons in all the actions of the believer, and what added more importance to this is the repetition of the word “must” to show how important it is to precede all actions with supplication duaa and always have a relationship with Allah سبحانه وتعالى…

    4. Using supplication (duaa) while considering the reasons is, as we said, what the Prophet صلى الله عليه وسلم, his companions (rA), and the believers would do, and if both are connected then they will have an effect on the results in Allah’s سبحانه وتعالى Will, and using them together do not go against the Islamic method, but what would go against it is limiting to supplication (duaa) alone without the Tareeqah which was shown in the texts in order to implement the Islamic thought.

    It is mentioned in the book Concepts at the beginning of page 55: “It is completely unacceptable that all actions used to implement the Islamic Fikrah be those actions that achieve non-tangible results. This is contrary to the nature of the Islamic Tareeqah…”

    This means that what goes against the Islamic Tareeqah is “all actions used to implement the Islamic Fikrah be those actions that achieve non-tangible results”, either that some of them achieve non-tangible results such as “supplicating in certain cases,” and other actions that achieve tangible results such as “physical preparation”, which is something that could happen and is important, and it does not go against the Islamic Tareeqah.

    5. Thus, what has been mentioned in the book Concepts about supplication (dua’a) is these two cases:

    Firstly: To appear by itself in implementing the Fikra but it is not the way of implementation, as the texts show the other Tareeqah of implementing it, such as supplication (duaa) alone in the cases of fighting the enemy, to stand in front of a fortress to open it without preparing the army to fight, but rather the supplication (duaa) alone. In this case, the supplication (duaa) does not achieve except non-tangible results which is the “reward”.

    Secondly: Connecting the supplication (duaa) with the reasons, and this is something unavoidable, and in this case both “it and the consideration of the reasons” participate in affecting the results in Allah’s سبحانه وتعالى Will.

    Nothing has been mentioned in the book Concepts about supplication (duaa) in other cases, except for that mentioned in the general Hadith that was narrated by Ahmad: On the account of Abi Al Mutawakkil, on the account of Abi Saeed, that the Prophet صلى الله عليه وسلم said:

    «مَا مِنْ مُسْلِمٍ يَدْعُو بِدَعْوَةٍ لَيْسَ فِيهَا إِثْمٌ، وَلَا قَطِيعَةُ رَحِمٍ، إِلَّا أَعْطَاهُ اللَّهُ بِهَا إِحْدَى ثَلَاثٍ: إِمَّا أَنْ تُعَجَّلَ لَهُ دَعْوَتُهُ، وَإِمَّا أَنْ يَدَّخِرَهَا لَهُ فِي الْآخِرَةِ، وَإِمَّا أَنْ يَصْرِفَ عَنْهُ مِنَ السُّوءِ مِثْلَهَا»

    “There is no Muslim who supplicates a supplication without sin, or cuts off family ties, except that Allah gave him one of three things: Either his supplication is quickly responded to, or it’s saved for him for the afterlife, or to keep him away from the evilness of something similar.” They said: If we increased (from it). He said, “Allah gives even more.”

    This means that Allah صلى الله عليه وسلم responds to the supplicating person in any of the three ways, inclusive “his supplication is quickly responded to”, and it is a tangible result.

    6. Upon that, tangible results become a possibility for the supplication (duaa) in other than the case that was mentioned in the book Concepts, as the Hadith mentioned that one of the three is “his supplication is quickly responded to” and this is a tangible result… Allah سبحانه وتعالى has conferred a great favour on His سبحانه وتعالى servants in His verses that He سبحانه وتعالى answers the supplication of the distressed one if he supplicates to Him سبحانه وتعالى. He سبحانه وتعالى made this response as an evidence to La Ilah Illa Allah, and it is obvious from all this that responding to the distressed one is here in the Dunya, as the word distressed is a clear description of needing something in the Dunya, so the response is tangible in Allah’s سبحانه وتعالى Will. Allah سبحانه وتعالى says:

    أَمَّنْ يُجِيبُ الْمُضْطَرَّ إِذَا دَعَاهُ وَيَكْشِفُ السُّوءَ وَيَجْعَلُكُمْ خُلَفَاءَ الْأَرْضِ أَإِلَهٌ مَعَ اللَّهِ قَلِيلًا مَا تَذَكَّرُونَ

    “Is not He (better than your gods) Who responds to the distressed one, when he calls Him, and Who removes the evil, and makes you inheritors of the earth, generations after generations. Is there any ilah (god) with Allah? Little is that you remember!” (al-Naml: 62)

    We were ordered by Allah سبحانه وتعالى to supplicate and He سبحانه وتعالى promised us to respond

    وَقَالَ رَبُّكُمُ ادْعُونِي أَسْتَجِبْ لَكُمْ

    “And your Lord said: “Invoke Me, [i.e. believe in My Oneness (Islamic Monotheism)] (and ask Me for anything) I will respond to your (invocation).”

    (Ghafir: 60)

    The Prophet صلى الله عليه وسلم also explained this response by saying that it is “one of three things” and that among them is the tangible result. Naturally, the achievement of the results, whether tangible or non-tangible, is all subjected to the Will of Allah سبحانه وتعالى.

    In conclusion:

    *What was mentioned in the concepts are:

    A. The Tareeqah is actions achieving tangible results.

    B. Connecting between supplication (duaa) alone and Jihad in the topic of opening a fortress or fighting the enemy… supplication (duaa) does not lead here to a tangible result, but only the reward, as alone it is not the Tareeqah to opening a fortress or fighting the enemy…

    C. It is not correct for all actions which are meant to implement an Islamic thought to be actions leading to non-tangible results, but it can be a combination of actions achieving tangible results with actions that achieve non-tangible results such as preparing the army for combat along with supplicating to Allah سبحانه وتعالى for victory.

    D. Supplicating (duaa) is a mandatory thing for the Muslim to do while doing the actions of the Tareeqah… as what the Prophet صلى الله عليه وسلم and his companions (rA) used to do.

    * This is what came in the book Concepts about the case of supplicating (duaa) which do not exceed the reward, which means that in the case of using supplication (duaa) alone for the case of opening a fortress…, and not considering the Tareeqah which the Shar’ia texts showed about this case and that is here Jihad.

    As for the other cases of supplication (duaa), they fall under a general Hadith for the Prophet صلى الله عليه وسلم:

    «مَا مِنْ مُسْلِمٍ يَدْعُو بِدَعْوَةٍ لَيْسَ فِيهَا إِثْمٌ، وَلَا قَطِيعَةُ رَحِمٍ، إِلَّا أَعْطَاهُ اللَّهُ بِهَا إِحْدَى ثَلَاثٍ: إِمَّا أَنْ تُعَجَّلَ لَهُ دَعْوَتُهُ، وَإِمَّا أَنْ يَدَّخِرَهَا لَهُ فِي الْآخِرَةِ، وَإِمَّا أَنْ يَصْرِفَ عَنْهُ مِنَ السُّوءِ مِثْلَهَا»

    “There is no Muslim who supplicates a supplication without sin, or cuts off family ties, except that Allah gave him of three things: Either his supplication is quickly responded to, or it’s saved for him for the afterlife, or to keep him away from the evilness of something similar.” They said: If we increased (from it). He said: “Allah gives even more.” (Narrated by Ahmad).

    From this it shows that Allah سبحانه وتعالى might respond to the need of a supplicating person in the Dunya, which is tangible, or He سبحانه وتعالى might keep him away from the evilness of something similar in the Dunya, which is tangible, or He سبحانه وتعالى might save it for him until Judgment Day and it is the reward which is a non-tangible result.

    Allah سبحانه وتعالى is of The Great Graciousness, as He سبحانه وتعالى is The Compassionate and The Most Merciful Who graces His سبحانه وتعالى servant with the rewards of Duaa even if He سبحانه وتعالى responds to his Duaa in the Dunya, so all thanks and praises are due to Allah سبحانه وتعالى, The Lord of the Worlds.

    Your brother,
    Ata bin Khalil Abu Al Rashtah

    1st of Muharram 1436 AH
    25/10/2014 CE

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  • The Akhlaaq are Ahkaam Shar’iyah and not just Moral Attributes and Characteristic alone

    A translation from the archives:

    Allah (swt) said:

    إِنَّ اللَّهَ يَأْمُرُ بِالْعَدْلِ وَالْإِحْسَانِ وَإِيتَاءِ ذِي الْقُرْبَى وَيَنْهَى عَنِ الْفَحْشَاءِ وَالْمُنْكَرِ وَالْبَغْيِ يَعِظُكُمْ لَعَلَّكُمْ تَذَكَّرُونَ

    Verily, Allah enjoins Al-Adl and Al-Ihsaan (perfection in good conduct) and giving (help) to relatives and He forbids Al-Fahshaa’ (open evil deeds like Zinaa) and Al-Munkar (evil that Islaam has forbidden), and Al-Baghy (i.e. All kinds of oppression), He admonishes you do that you may take heed (An-Nahl 90).

    And it has been verified as Saheeh that the Messenger of Allah (saw) said:

    ‘Verily Allah loves the high Akhlaaq and hates the low/inferior(characteristics)’.

    And he (saw) said:

    ‘Verily I have been sent to (only) perfect the noble (virtues of) Akhlaaq’.

    These texts guide to the Akhlaaq being from the Ahkaam (legal rulings) of Islaam. The Aayah guides to specific Ahkaam of Akhlaaq (morals) and these are that Allah has commanded justice, perfection, Sillat ur Rahm (maintain ties), and forbidding the Muharramaat, Munkaraat and aggressions against the people. The Ahaadeeth have guided to the Akhlaaq in a general manner. The Khulq (or Khuluq) represents an attribute or characteristic that becomes part of the person until it becomes like his nature (natural characteristic) and he habituates it.

    Allah (swt) says:

    إِنْ هَذَا إِلَّا خُلُقُ الْأَوَّلِينَ

    Indeed this is none other than the customs of those who came a long time ago (Ash-Shu’araa 137).

    This means that it was the nature, characteristic of those people and their norms. If this characteristic/attribute (Siffah) was good then it would be a good moral (Khuluq Hasanah) and if it was bad then be a bad moral (Khuluq Sayyi’ah. Khuluq has also been used with the meaning of the Deen when Allah (swt) addressed the Messenger of Allah (saw) and said:

    وَإِنَّكَ لَعَلى خُلُقٍ عَظِيمٍ

    And verily you are upon a great Khuluq (Al-Qalam 4).

    The meaning of this is that you are upon a great Deen. This is because the context of the Aayah specifies that it is referring to the Deen as the Aayaat state:

    ن وَالْقَلَمِ وَمَا يَسْطُرُونَ (1) مَا أَنْتَ بِنِعْمَةِ رَبِّكَ بِمَجْنُونٍ (2) وَإِنَّ لَكَ لَأَجْرًا غَيْرَ مَمْنُونٍ (3) وَإِنَّكَ لَعَلى خُلُقٍ عَظِيمٍ (4) فَسَتُبْصِرُ وَيُبْصِرُونَ (5) بِأَيِّيكُمُ الْمَفْتُونُ (6) إِنَّ رَبَّكَ هُوَ أَعْلَمُ بِمَنْ ضَلَّ عَنْ سَبِيلِهِ وَهُوَ أَعْلَمُ بِالْمُهْتَدِينَ

    Nun. By the pen and what they inscribe. You are not, [O Muhammad], by the favour of your Lord, a madman. And verily, for you (O Muhammad SAW) will be an endless reward. And verily you are upon a great Khuluq. So you will see and they will see, which of you (truly) is afflicted with madness. Indeed, your Lord is most the most knowledgeable of who has gone astray from His way, and He is most knowing of the [rightly] guided (Al-Qalaam 1-7).

    The subject here is that they said that he (saw) was mad in respect to the message that he had brought and therefore the subject is the Deen that he had come with and not his own characteristics. This is because they knew before his being sent forth that he was the best of them in character. For this reason the meaning of Khuluq in this Aayah is the meaning of the Deen and it was mentioned in the Tafseer of Al-Jalaalaini: ‘And verily you are upon a great Khuluq (Deen)’.

    In regards to the Akhlaaq as mentioned in the Ahaadeeth have come encouraging the good (Hasan) from them in a general manner and forbidden the bad (Sayyi) from them in a general manner. However when the Nusoos (texts) of the Kitaab and the Sunnah came with the Ahkaam Ash-Shar’iyah that are considered to be from the Akhlaaq like justice, perfection (in conduct), truthfulness, chastity and faithfulness amongst others, they did not come with them as being Akhlaaq alone and they did not describe them as being Akhlaaq alone in an explicit manner or by way of implication or indication and even if they represent good qualities/characteristics i.e. Akhlaaq. Rather they only came as Ahkaam Shar’iyah and then considered to be from the Akhlaaq.

    When we look at them in respect to learning and acting we must regard them as being Ahkaam Shar’iyah where the one who is characterised by them is someone who possesses good Khuluq (characteristics) if they are from that which Allah (swt) has commanded, whilst he would posses bad Khuluq if they are from that which Allah (swt) has forbidden. It is not permissible to look at them as just being moral characteristics and attributes alone because the Muslim has been addressed with the Ahkmaa Ash-Shar’iyah and even if these are Ahkaam are related to the Akhlaaq. He has not only been addressed with characteristics in their description as Akhlaaq alone. And because there being good or bad is tied to the Shar’a, i.e. to a Shar’iy Nass (text) that it came with, and not tied to the description in and by itself.

    Allah (swt) has commanded truthfulness and forbidden lying in its description as being a Hukm Shar’iy that must be adhered to and not due to it being a good characteristic or attribute that one must be characterised with i.e. not in its consideration as being a Khuluq alone. He has been commanded with Rahmah (to display mercy) in its consideration as a Hukm Shar’iy and not in its consideration as being a good characteristic alone i.e. not in its consideration as being a Khuluq alone. The evidence for this is that it (the Shar’a) has permitted lying in war as a Hukm Shar’iy and it is due to the evidence that it has commanded severity with the Kuffaar:

    أَشِدَّاءُ عَلَى الْكُفَّارِ

    Severe upon the Kuffaar (Al-Fat’h 29).

    And it has forbidden mercy in respect to the punishment of Zinaa:

    وَلَا تَأْخُذْكُمْ بِهِمَا رَأْفَةٌ فِي دِينِ اللَّهِ

    And do not show them mercy in respect to the Deen of Allah (i.e. the punishments He has set) (An-Noor 2).

    Had the command to be truthful, the forbiddance of lying and the command to be merciful represented a command to have characteristics alone, i.e. a command to possess Akhlaaq alone, then it would not be permitted to lie under any circumstance or to permit severity and approve of that under any circumstances because the characteristic had not changed. However when it is a Hukm Shar’iy for a specific action then it relates to the action in accordance to the Shar’iy text. For this reason lying in some circumstances is Haraam whilst in others it is permissible (Mubaah), and in some circumstances mercy has been commanded whilst in others it has been forbidden. For this reason it is not allowed to make the Ahkaam Ash-Shar’iyah as Akhlaaq alone and to believe in them as Akhlaaq alone. Rather it is obligatory for them to remain as Ahkaam Shar’iyah as they have come and to believ in them as Ahkaam Shar’iyah in their consideration as Akhlaaq and not as Akhlaaq alone. If they had been commanded as Akhlaaq alone and not as Ahkaam Shar’iyah then it would not be a command by way of the Shar’a but rather just a command to be characterised by Akhlaaq alone. There is no difference in regards to this between the Ahkaam Ash-Shar’iyah related to the personal conduct like chastity or related to the behaviour with others like faithfulness as all of them must be commanded with as Ahkaam Shar’iyah and it is not valid to command them as Akhlaaq alone i.e. as good characteristics alone. Similarly they are forbidden as Ahkaam Shar’iyah and not as bad Akhlaaq alone.

    Even if a Muslim was a truthful whilst considering truthfulness as a good characteristic alone and not as a Hukm Shar’iy then he will not be rewarded for his truthfulness. This is because he did not act by the Hukm (ruling) of Allah (swt) but rather he only acted in accordance to what he viewed to be a good characteristic or attribute. This is different to the case in which he was truthful because Allah (swt) had commanded truthfulness whilst considering it as being a Hukm Shar’iy as he would then be rewarded for adhering to the Hukn Ash-Shar’iy.

    Muslims should therefore take all warning in respect to undertaking their actions upon the consideration that they are only Akhlaaq or to undertake Da’wah calling to the noble moral characteristics whilst considering them as being Akhlaaq alone. If they were to do this then they would not have in accordance to the Hukm Ash-Shar’iy or called to the Ahkaam of Allah. On top of that this would make their action and that of the disbelievers one and the same and it would make their Da’wah and the Da’wah of the Kuffaar one and the same. This is because the Kuffaar glorify the good Khuluq because it is a good characteristic, they call to it because it is a good characteristic and they undertake it to have a god reputation or for the benefit that it entails whilst they do not undertake it because Allah had commanded it.

    As for the Muslim then it is not Halaal for him to do this but rather he must be characterised with the noble and virtuous characteristics because Allah had commanded them in their consideration as Ahkmaa Shar’iyah and with no other consideration. It is not permitted for the case to be other than this because the Akhlaaq in Islaam are Ahkaam Shar’iyah and not Akhlaaqi (moral) characteristics alone.

    Beirut 26th Ramadhaan 1380
    1960

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  • Zakat on Trade Deals

    Question

    Assalamu alaikum our sheikh, may Allah cherish you with Islam and cherish Islam with you. I pray to Allah that I will be among those who will give you the Bayah for the Khilafah on the method of the Prophethood, for He is the One Able of everything.

    I have a question about Zakat, Zakat on trade deals or money; is it acceptable to give Zakat on them or part of them before a full year (al-Hawl) passes on them, and is the completion of (al-Hawl) a condition to pay Zakat on them?

    May Allah help you with what is good for Islam and Muslims in this world and the Hereafter, Wa Assalam Alaikum wa Rahmatullahi wa Barakatuh.

    Answer

    Wa Alaikum Assalam wa Rahmatullahi wa Barakatuh,

    The completion of al-Hawl is a condition for the reason of paying Zakat, which is “the quorum” (Nisab). If the condition is met, that is al-Hawl has passed based on the reason of “quorum” without decreasing it, then Zakat becomes obligatory. However, if it is given out before it is due then this giving is permissible, according to the Shariah evidence, which include the following:

    – Al-Bayhaqi extracted in Al-Sunan Al-Kubra from Ali:

    «أَنَّ الْعَبَّاسَ رَضِيَ اللهُ عَنْهُ سَأَلَ رَسُولَ اللهِ فِي تَعْجِيلِ صَدَقَتِهِ قَبْلَ أَنْ تَحِلَّ فَأَذِنَ لَهُ فِي ذَلِكَ»

    “That Al Abbas, may Allah be pleased with him, asked the Messenger of Allah (saw) if he can hasten in paying his Sadaqa before its Hawl has completed, the Messenger of Allah (saw) granted him permission”.

    – Al-Darqitni extracted in his Sunan from Hujr Al-Adawi from Ali that he said: The Messenger of Allah (saw) said to Omar:

    «إِنَّا قَدْ أَخَذْنَا مِنَ الْعَبَّاسِ زَكَاةَ الْعَامِ عَامِ الْأَوَّلِ»

    “We took the Zakat of the year from Al-Abbas in the first year”.

    – Also Al-Darqitni extracted from Musa bin Talha from Talha that the Prophet (saw) said:

    «يَا عُمَرُ أَمَا عَلِمْتَ أَنَّ عَمَّ الرَّجُلِ صِنْوُ أَبِيهِ؟ إِنَّا كُنَّا احْتَجْنَا إِلَى مَالٍ فَتَعَجَّلْنَا مِنَ الْعَبَّاسِ صَدَقَةَ مَالِهِ لِسَنَتَيْنِ»

    “O Omar did you not know that the Uncle of the Man is the twin of his father? We needed money so we took Sadaqa from the money of Abbas for two years earlier”.

    There was a disagreement in the Isnad of Al-Hakam and the correct is from Al-Hasan ibn Muslim which is Mursal (transmitted).

    Accordingly, it is permissible to hasten the giving of Zakat before it becomes due.

    For your information, most scholars say so.

    Your brother,
    Ata Bin Khalil Abu Al-Rashtah

    11 Shawwal 1435
    2014/08/07

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  • The Unity of the Islamic Ummah

    The Unity of the Islamic Ummah:

    One of the falsehoods that the people of Baatil have propagated and promoted is the thought that the unity or unification of the Islamic Ummah is an impossibility. This is by aiming to create despair amongst the people in regards to achieving this truth. When the people despair in regards to the accomplishment of a matter, they will then never work for it and will accept other and less than it. 

    As such our rulers persisted upon the paths deception and murder, they instigated disputes and hostility amongst the Muslims whilst feeding the thoughts of partition and division in the name of independence and self-determination. As a result the Ummah was torn apart into Arab, Turkish and Persian pieces amongst others… The loyalties and allegiances became many with many differing cultures and origins including Pharaonic and Phoenician amongst others. They pushed the misconceptions by way of lies and ignorance which they called thought and scrutiny. So the Shayaateen persisted to instigate and feed thoughts that the Muslims have many languages, ethnic and national origins and that they have different problems and issues. They then used arguments such as resolving the dispute, human rights, the right of self-determination and democracy amongst others to reinforce the thoughts of separation and division and to remove the thought of unity. 

    What must be fully comprehended by every Muslim and what he must work and act upon its basis, is that the Islamic Ummah is one single Ummah regardless of how many and differing the ethnic origins or languages are. This Haqeeqah (truth) is a matter that is a Shar’iy obligation and if that truth is not realised today, with obstacles lying in its path, then it is Waajib (obligatory) to work to realise that and remove every obstacle that lies in its path. If some of the Muslims or many from amongst them have been deceived and taken on board thoughts that lead to mutual animosity, hatred and division then it is obligatory to carry the Da’wah to Allah, order the Ma’rouf and forbid the Munkar in order to remove these misconceptions and deceptions and to implant the correct Islamic thoughts within the people.

    Allah (swt) said:

    وَاعْتَصِمُوا بِحَبْلِ اللَّهِ جَمِيعًا وَلَا تَفَرَّقُوا

    And hold fast to the rope of Allah and do not divide (amongst yourselves) (Aali ‘Imraan 103).

    إِنَّمَا الْمُؤْمِنُونَ إِخْوَةٌ

    Indeed the believers are but brothers (Al-Hujuraat 10)

    إِنَّ أَكْرَمَكُمْ عِنْدَ اللَّهِ أَتْقَاكُمْ

    Indeed the most Noble of you to Allah is the one who has the most Taqwaa from amongst you (Al-Hujuraat 13).

    وَإِنَّ هَذِهِ أُمَّتُكُمْ أُمَّةً وَاحِدَةً وَأَنَا رَبُّكُمْ فَاتَّقُونِ

    And verily this Ummah of yours is one Ummah and I am your Lord so have Taqwaa of me (Al-Mu’minoon 52).

    So where the Deen is one and the Millah is one whilst the Deen is an Aqeedah and a Sharee’ah that deals with all of the affairs of the individual and the society, this would inevitably and automatically make the Muslims into one single Ummah. 

    Ahmad related in his Musnad that the Nabi (saw) said:

    الْمُسْلِمِينَ مِنْ قُرَيْشٍ وَيَثْرِبَ وَمَنْ تَبِعَهُمْ فَلَحِقَ بِهِمْ وَجَاهَدَ مَعَهُمْ أَنَّهُمْ أُمَّةٌ وَاحِدَةٌ دُونَ النَّاسِ

    The Muslims from Quraish and from Yathrib and those who follow them and join with them and perform Jihaad with them are one Ummah to the exclusion of mankind.

    And he (saw) said:

    مَثَلُ الْمُؤْمِنِينَ فِي تَوَادِّهِمْ وَتَرَاحُمِهِمْ ، كَمَثَلِ الْجَسَدِ الْوَاحِدِ ، إِذَا اشْتَكَى مِنْهُ عُضْوٌ تَدَاعَى لَهُ سَائِرُ الْجَسَدِ بِالْحُمَّى وَالسَّهَرِ

    The example of the believers in respect to the affection and mercy towards one another is like the example of one single body. If one part complains the rest of the body responds to it with fever and sleeplessness (Mutaffaq ‘Alaihi).

    He (saw):

    الْمُؤْمِنُونَ كَرَجُلٍ وَاحِدٍ ، إِنِ اشْتَكَى عَيْنُهُ اشْتَكَى كُلُّهُ ، وَإِنِ اشْتَكَى رَأْسُهُ اشْتَكَى كُلُّهُ

    The Muslims are like a single man. If his eye complains the whole of him complains and if his head complains the whole of him complains (Muslim).

    And he (saw) said:

    أيُّها الناسُ ، ألا إنَّ ربَّكم واحدٌ ، ألا وإنَّ أباكم واحدٌ ، ألا لا فضلَ لعربيٍّ على عجميٍّ ، ولا لعجميٍّ على عربيٍّ ، ولا أسودَ على أحمرَ ، ولا أحمرَ على أسودَ ، إلا بالتقوى ألا هل بلَّغتُ ؟ قالوا : بلَّغ رسولُ اللهِ صلَّى اللهُ عليه وسلَّم ، قال : لِيبلِّغِ الشاهدُ الغائبَ

    O people, verily your Lord is one, verily your father is one (and the same), the Arab has no superiority over a non-Arab nor does the non-Arab have superiority over an Arab, and the black has no superiority over the red nor does the red over the black, except by Taqwaa. Have I conveyed? They said: The Messenger of Allah (saw) has conveyed. He (saw) then said: Then let the one who is present convey it to the one who was absent (Al-Qurtubi in his Tafseer and said it was recorded by At-Tabari).

    And the Messenger (saw) also said:

    الْمُسْلِمُ أَخُو الْمُسْلِمِ ، لَا يَظْلِمُهُ ، وَلَا يَخْذُلُهُ ، وَلَا يَحْقِرُهُ . التَّقْوَى هَهُنَا ، وَيُشِيرُ إلَى صَدْرِهِ ثَلَاثَ مَرَّاتٍ . بِحَسْبِ امْرِئٍ مِنْ الشَّرِّ أَنْ يَحْقِرَ أَخَاهُ الْمُسْلِمَ ، كُلُّ الْمُسْلِمِ عَلَى الْمُسْلِمِ حَرَامٌ : دَمُهُ ، وَمَالُهُ ، وَعِرْضُهُ

    The Muslim is the brother of the Muslim, he does not transgress against him, he does not let him down, and he does not degrade him. Taqwaa is right here. (And he pointed towards his chest three times). It is enough (of a sin) for the Muslim to degrade his Muslim brother. Every Muslim in respect to his brother Muslim is Haraam, his blood, his wealth and his honour (Muslim, Ibn Maajah).

    And in respect to the tribal, patriotic and nationalistic allegiances and partisanships he (saw) said:

    دَعُوهَا فَإِنَّها مُنْتِنَة

    Leave it for verily it is rotten (putrid) (Muslim).

    Despite these clear texts the people of falsehood and misguidance however want to destroy our Ummah and so they come to advise us in the same way as Iblees came to Aadam (as) with advice. 

    Allah (swt) informs us about them when He said:

    إِنْ تَمْسَسْكُمْ حَسَنَةٌ تَسُؤْهُمْ وَإِنْ تُصِبْكُمْ سَيِّئَةٌ يَفْرَحُوا بِهَا

    If good touches you, it distresses them; but if harm strikes you, they rejoice at it (Aali ‘Imraan 120).

    And in His speech (swt):

    قَدْ بَدَتِ الْبَغْضَاءُ مِنْ أَفْوَاهِهِمْ وَمَا تُخْفِي صُدُورُهُمْ أَكْبَرُ قَدْ بَيَّنَّا لَكُمُ الْآَيَاتِ إِنْ كُنْتُمْ تَعْقِلُونَ

    Hatred has already appeared from their mouths, and what their breasts conceal is greater. We have certainly made clear to you the signs, if you will use reason (Aali ‘Imraan 118).

    And we feel and suffer what has happened to our situation in the shade of their hegemony and dominance and the tyranny of the agents that has been practised over us. We are massacred and displaced as individuals and collectives whilst the Muslim does not find the capability or means to extend help to his brother who is only a few kilometres from him or less. Whosoever wishes from amongst the depraved and base can subjugate us whether this is in Palestine, Lebanon, Syria, Iraq, Bosnia, Kosovo, Chechnya, Indonesia or Uzbekistan amongst other places. Our regimes and news media broadcast to us the news of our slaughters and it is witnessed as if there is no relationship existing between the Muslims.

    This is whilst Allah (swt) has said:

    وَالْمُؤْمِنُونَ وَالْمُؤْمِنَاتُ بَعْضُهُمْ أَوْلِيَاءُ بَعْضٍ

    And the male believers and female believers are all ‘Awliyaa (protectors, supporters) to one another (At-Taubah 71).

    And He (swt) said:

    وَإِنِ اسْتَنْصَرُوكُمْ فِي الدِّينِ فَعَلَيْكُمُ النَّصْرُ

    And if they seek your help in respect to the Deen then you must come to their aid (Al-Anfaal 72).

    The Muslims in every part of the world must realise, fully comprehend and have belief in the Haqeeqah (truth) which is that the Muslims are one single Ummah to the exclusion of all others. They must grab hold firmly upon this definite Shar’iyah Haqeeqah and to build upon its basis whilst casting aside every other basis whatever this may be and whatever the costs or consequences are.

    The Muslims are one single Ummah. This is a definite and decisive truth and will remain so as long as the Muslims remain as Muslims. It is an inevitable matter and not merely a possible one as our unity as Muslims is a natural, obvious, practical and essential matter that could be accomplished quickly. This is on the condition that it proceeds upon the right path towards accomplishing that and that it does not proceed behind the deceptions of the disbelieving colonialist States, the deceptions of our rulers, their apparatuses, manufactured movements and mouth pieces, and even if they trick and deceive us by calls towards unity.

    As for the language, ethnicity, colour, origin, current problems and issues, then all of these to not specify, define or provide any thought, concept or position. They do not provide a thought about the existence of the creator, the Prophethood of Muhammad (saw), the Day of Judgement, Jannah or the fire. None of them provide a legal ruling or judgement in respect to Hajj, Sawm, truthfulness or trustworthiness, or for Khamr or Khinzeer, or do they provide a position in respect to the Yahood or any other people nor do they provide any legislation.

    The problems and issues to not specify any position, stance or legislation themselves because they are not sources of legislation, solutions or treatments. Rather they are what are in need of the treatments and solutions. The source of solutions is the fundamental thought (Aqeedah), the legislative methodology and its texts i.e. the texts of the Qur’aan and the Sunnah alone.

    The Unity that exists amongst people is established upon a unity or unification of thoughts, systems and laws which the people believe in and upon the unity of the feelings that are latent within their emotions or apparent.

    The Islamic Ummah, in spite of all that has come to pass with her, the factors and motives in respect to her unity remain stronger and more powerful than those related to disunity and division. The motivation for the unity is represented in the Islamic Aqeedah which explains the universe, man and life and makes clear the relationship of these matters with what came before them and what comes after them, and it provides a system for regulating life, all of which is completely and perfectly present and fulfilled within Islaam.

    The Muslims believe in Islaam, the Nabi (saw) and his Message, the history of Islaam is a history for all of them, the Seerah of their Nabi (saw) is their model and example which they revise and are dedicated to, and the great men of Islaam like Abu Bakr, Umar, ‘Uthmaan and ‘Ali amongst many others (rah) are their great men whom they look up to. The Muslims practise the main rites of Islaam together and the Ahkaam Ash-Shar’iyah that unify them and join them together are too numerous to be listed. They all wait for Ramadhaan to come together and then they fast together, and their hearts all incline towards the Masjid Al-Haraam. They head towards it at a single time in the same days and even the same hour whilst coming in contact with people from all corners of the world, who are undertaking the very same rituals and acts, repeating the same words, making Tawaaf, Du’aa, sacrifices and then heading together on the journey to the Masjid of the Messenger of Allah (saw) to pray there and to make Tasleem upon the Messenger in Al-Madinah Al-Munawwarah, the land of the first Islamic State. They recall the beginning of his Da’wah, his determination, perseverance, patience and victory. They then return to their lands and those close to them and discuss their experiences and receive congratulations from them. In every part of the world the condition of the Muslims is as one when they raise the Adhaan, calling with ‘Allahu Akbar’ ‘Allahu Akbar’ according to the same manner and method. The Ummah as a whole yearns and longs for the unity of the Ummah, for the return of the honour and might of Islaam and the Muslims, and for the liberation of Masjid Al-Aqsaa, Palestine and the remainder of the Muslim lands. The above just touches the surface and this is the situation of the Muslims in every part of the world whilst those who have gone away from this and have been enchanted by Shaytaan, then they merely represent a handful of those who have turned away from the Deen, and so this abnormality of theirs away from the Ummah will only lead them to the fire.

    Yes, indeed Islaam is an intellectual Aqeedah, thoughts and Ahkaam which produces a truly united Ummah and melts any people or nation to be part of the Ummah and from its type and kind.

    So no one should be deceived by the lies and deceptions of the people of disbelief and falsehood or their false claims. Nor should they be deceived by the media of fabrication or fabricated history which seeks to raise high the status of the low and debased peoples whilst lowereing the status of the best people and the most noble.

    The reason for this fragmentation and these defeats is the existence of these systems, their apparatuses, institutions and the falsehoods they spread. The unity of the Ummah will take place upon the ruins of these despotic and tyrannical systems and regimes. The Muslims possess within them the potent great power to accomplish that. It is however concealed in our current day due to the oppression, lethalness and deception that is practiced against the Ummah. 

    Take for example the feelings of the Muslims in every part of the world towards what is happening to the Muslims in Afghanistan, Chechnya, Kosovo and Palestine amongst other lands. I am talking about their ‘feelings’ and not their ‘actions’ and this is because they possess their feelings, sensations and their Imaan, however, they are lacking in respect to their strength and firm will power. This has been robbed from them and is held in the hands of the regimes of disbelief and the Shayaateen from man. For this reason we see Muslims in every part of the world yearning and possessing the burning desire to support and come to the aid of their brothers in every place where they are being subjected to oppression and harm. We have seen in every part of the Muslim world how the Muslims have been incited and stirred, wanting to come to the aid of their brothers in Al-Quds (Palestine) during the Intifada (uprising) of Masjid Al-Aqsaa but they have been like roaring Lions held inside of the cages of those traitorous agent rulers. They are the enemies of the Ummah who participate in the slaughter of the Muslims, their humiliation and the loss of their lands and sanctities. We saw how they participated with the Americans, the English and the leaders of disbelief against Iraq in respect to the war and the embargo whilst they ignore the massacring of Muslims in many other places at the same time.

    The examples of this are so many and all of them reaffirm the necessity and inevitability of the unity of the Islamic Ummah. Nothing is in the Ummah’s way towards achieving this apart from these deceitful sick diseased regimes who would turn into frenzied dogs if the Ummah was to realize and fully comprehend the true realities (Haqaa’iq) of Islaam and regained the will to sacrifice upon their path.

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  • Nisab (Amount) of Zakat

    Question:

    In the book Funds in the Khilafah State on page 144 (the English version), it mentions the following:

    “However if the Nisab of gold and silver is complete from the beginning of the year and it increases during the year then if the increase emanated from trade it is added to the original amount (Asl). This is because the year of the increase is considered the same as the year of the original amount, for the increase is of the growth of the original money, and is of its own type, so it has the same rule.

    However, if the increase was of the Nisab’s type but it did not come through the means of growth such as if it came from inheritance or donation, then a full year must pass upon this increase. It is not added to the original amount nor does it take the rule of its year.” (End).

    The first paragraph is clear… As for the second paragraph, does it mean that if my money reaches the Nisab (amount of zakat due) in Muharram of this year, but if four months later in Jumada al-Awwal I receive one thousand dinars from inheritance, does is it mean that my money has two Hawl (time period), i.e. I pay zakat on the original Nisab next Muharram, but I pay zakat on the inheritance next Jumada al-Awwal? That is, there will be two dates to pay Zakat every year? Or is it permissible for me to pay zakat on the inheritance with the original Nisab, i.e. I pay all my zakat in Muharram next year?

    Answer:

    The money which is not used from your original Nisab that you posses, its zakat must be paid after it reaches its Hawl (a year passes while wealth is in your possession) and not at the Hawl of the original Nisab; for example: if you have the Nisab (85 grams of gold or 200 dirhams of silver) in Muharram this year, the Zakat on this Nisab must be paid after a year passes on it (Hawl) if it is not used, (becomes less than the Nisab).

    If you gain one thousand dinars through trade of the above mentioned Nisab in Jumada al-Awwal, then it is added to what you have and you pay zakat on all of the money in Muharram of next year. As for what came from inheritance i.e. not because of the Nisab that you have, then zakat must be paid on it after a year passes on it (Hawl), and not at the Hawl of the Nisab. This is as mentioned in your question, i.e. you must pay the Nisab in Muharram next year if it is not used (the Nisab decreases). And you must pay Zakat on the inheritance in in Jumada al-Awwal of next year, which means that the Nisab has a separate Hawl from the inheritance, which has its own Hawl; this is in terms of the obligation (wujub).

    However it is permissible for you to pay the zakat on the inheritance with the original Nisab in its Hawl, i.e. in Muharram, and not to wait until the Hawl of the inheritance comes in in Jumada al-Awwal, in other words you pay zakat on your money only once after the Hawl is passed on the Nisab that you own, i.e. in Muharram. This is because it is permissible to hasten in paying the zakat, i.e. to pay it before its Hawl is reached. It is permissible for you to pay zakat on the inheritance before its Hawl is completed, and pay its zakat with the original Nisab. This is because the Shar’ allowed hastening of the payment of zakat after the Nisab is reached, and before a year passes on it (Hawl is completed), But the obligation (wajib) is to pay it `after the Hawl is completed.

    The following are the evidences for hastening the zakat payment before the Hawl is completed on the Nisab:

    Al Bahaqi extracted in his Al-Sunan Al Kubra from Ali: “أَنَّ الْعَبَّاسَ رَضِيَ اللهُ عَنْهُ سَأَلَ رَسُولَ اللهِ صَلَّى اللهُ عَلَيْهِ وَسَلَّمَ فِي تَعْجِيلِ صَدَقَتِهِ قَبْلَ أَنْ تَحِلَّ فَأَذِنَ لَهُ فِي ذَلِكَ”. “Al Abbas (ra) asked the Messenger of Allah (saw) if he can hasten in paying his Sadaqa before its Hawl is completed, the Messenger (saw) gave him the permission to so.”

    Al-Darqitni extracted in his Sunan from Hujr Al Adawi from Ali that he said: The Messenger (saw) said to Umar: «إِنَّا قَدْ أَخَذْنَا مِنَ الْعَبَّاسِ زَكَاةَ الْعَامِ عَامِ الْأَوَّلِ»”We took zakat of the year from Al Abbas in the first year.”

    Al-Darqitni extracted from Musa Bin Talha from Talha that the Prophet (saw) said:«يَا عُمَرُ أَمَا عَلِمْتَ أَنَّ عَمَّ الرَّجُلِ صِنْوُ أَبِيهِ؟ إِنَّا كُنَّا احْتَجْنَا إِلَى مَالٍ فَتَعَجَّلْنَا مِنَ الْعَبَّاسِ صَدَقَةَ مَالِهِ لِسَنَتَيْنِ». اخْتَلَفُوا عَنِ الْحَكَمِ فِي إِسْنَادِهِ وَالصَّحِيحُ عَنِ الْحَسَنِ بْنِ مُسْلِمٍ مُرْسَلٌ. “O Umar did you not know that the Uncle of the Man is the Twin of his father? We needed money so we took sadaqa from the money of Al Abba for two years, earlier.”

    There was a disagreement in the Isnad of Al Hakam and the correct is from Al Hassan Bin Muslim, it is Mursal (transmitted).

    In conclusion, the inheritance you received months after your possession of the Nisab, it is obligatory (Wajib) to pay its Zakat after its Hawl, and not after the completion of the Hawl of the Nisab, but its Zakat is permissible to paid with the completion of the Hawl of the Nisab, i.e. before the completion of the Hawl of the inheritance that you received. This is because it is permissible to hasten the payment of zakat according to the related evidences.

    01 Sha’aban 1435
    2014/05/30

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  • Zakat on Gold Jewelry

    Question:

    Assalamu Alaikum our honourable Ameer

    Is there Zakat on gold jewellery that is for the purpose of savings? Jazak Allahu Khair and the victory of Allah for this dawah at your hands…

    Answer:

    Wa Alaikum us Salaam Wa Rahmatullah Wa Barakaatuhu

    1. Jewellery is what a woman wears to beautify and adorn herself with from gold and silver on her wrists, neck, ears, or other parts of her bodies.

    There is no Zakat on jewellery, whether it is gold, silver, or other types of gems like pearls, ruby, emerald, or carnelian and other types of precious gemstones; whether the jewellery was a lot or little; whether it reached the nisab (amount required for zakat) or exceeded it. There is no zakat on any of it, this is because it is worn women use it for adornment and beautification.

    On the authority of Al-Laith Bin Sa’ad from Abi Az-Zubair from Jabbir that the Prophet (saw) said: «ليس في الحليّ زكاة» “No zakat on jewellery”. Ibn Qudama mentioned it in Al-Mughni.

    Abu Ubaid narrated from Amr Ibn Dinar that he said: “Jabbir Ibn Abdullah was asked if there was zakat on jewellery. He said, ‘No.’ They said, ‘Even if it is exceeded 10,000?’ He said, ‘Yes.’”

    On the authority of Abdullah Ibn Al-Qasim from his father that “A’isha (ra) the wife of the Prophet (saw) used to beautify her nieces who were orphans living with her with jewellery, she (ra) did not pay zakat on their jewellery.” (Narrated by Malik in Al- Muwatta’)

    As for the hadeeth of Amr Ibn Shu’aib which had the following text: “A woman came to the Prophet (saw) accompanied by her daughter who was wearing two gold bracelets, He said: «هل تعطين زكاة هذا؟» “Do you pay zakat on this?” She replied, “No.” He (saw) said, «أيسرُّك أن يُسوِّرك الله بهما بسوارين من نار» “Will you be pleased if Allah (swt) makes you wear two bracelets of fire instead of them?” Abu Ubaid said regarding this hadeeth: “We only know that it was mentioned with one version, with a chain of transmission that both people in the past and now discuss.” At-Tirmithi said: “Nothing comes under this chapter.”

    Those who hold the opinion that zakat is not obliged on jewellery are: Ibn Umar, Jabbir, Anas, A’isha, Asma’, also al-Qasim, ash-Sha’bi, Qatada, Muhammad Bin Ali, Malik, ash-Shafi’i, Ahmad, Abu Ubaid, Ishaq, Abu Thawr.

    This is regarding the jewellery in which a woman uses as adornment, but if it was for trade, then zakat of trade is applicable.

    2. But if the jewellery is not for adornment or trade, but for the purpose of saving without the need, then this is considered hoarding, i.e. it is prohibited even if zakat is paid on it.

    The evidence for the prohibition of hoarding is the saying of Allah (swt):

    وَالَّذِينَ يَكْنِزُونَ الذَّهَبَ وَالْفِضَّةَ وَلَا يُنْفِقُونَهَا فِي سَبِيلِ اللَّهِ فَبَشِّرْهُمْ بِعَذَابٍ أَلِيمٍ * يَوْمَ يُحْمَى عَلَيْهَا فِي نَارِ جَهَنَّمَ فَتُكْوَى بِهَا جِبَاهُهُمْ وَجُنُوبُهُمْ وَظُهُورُهُمْ هَذَا مَا كَنَزْتُمْ لِأَنْفُسِكُمْ فَذُوقُوا مَا كُنْتُمْ تَكْنِزُونَ

    “…And those who hoard gold and silver and spend it not in the way of Allah – give them tidings of a painful punishment * The Day when it will be heated in the fire of Hell and seared therewith will be their foreheads, their flanks, and their backs, [it will be said], “This is what you hoarded for yourselves, so taste what you used to hoard.” [At-Tawba: 34-35]

    Ahmad narrated in a valid (sahih) chain of transmission from Abi Umamah that he said, “A man from the people of Suffah passed away, a dinar was found in his clothes, the Prophet (saw) said: «كَيَّةٌ» “One burn”, he then said: a second man passed away and two dinars were found in his clothes, the Prophet (saw) said: «كَيَّتَانِ» “Two burns”“.

    Tabarani had a similar chain of transmission to Abi Umamah Al-Bahili. This means the absolute prohibition of hoarding of gold and silver, even if it was two dinars or even one; as long as it is hoarding i.e. saving money for no purpose to spend it on.

    Furthermore, the Prophet (saw) said regarding the two men because they lived off sadaqa while possessing gold. He (saw) said:«كية» “One burn” «كيتان» and “Two burns” in reference to the saying of Allah (swt):

    ((يَوْمَ يُحْمَى عَلَيْهَا فِي نَارِ جَهَنَّمَ فَتُكْوَى بِهَا جِبَاهُهُمْ وَجُنُوبُهُمْ))

    “The Day when it will be heated in the fire of Hell and seared therewith will be their foreheads, their flanks..” [At-Tawba: 35]

    The verse is part of the verse on hoarding. This is an evidence absolutely prohibiting hoarding, whether it has reached nisab (percent) of zakat or not, and whether zakat is paid on it or not- all forms of hoarding is haram.

    Your brother,

    Ata Bin Khalil Abu Al-Rashtah

    27 Jumada II 1435
    2014/04/27

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  • Q&A: Disposing of Riba [Interest] Money

    Question:

    Our eminent Ameer, may Allah preserve him and forgive his sins,

    Assalamu Alaykum wa Ramatullahi wa Barakatuhu

    Someone opened an interest-based bank account in one of the nowadays existing (usurious) banks and later realized that riba [interest] was added to his account. We know that Allah سبحانه وتعالى says in the explicit part of His Revelation:

    وَإِنْ تُبْتُمْ فَلَكُمْ رُءُوسُ أَمْوَالِكُمْ لَا تَظْلِمُونَ وَلَا تُظْلَمُونَ

    “But if you repent, you may have your principal – [thus] you do no wrong, nor are you wronged.” (Al-Baqarah: 279)

    There are contemporary Sheikhs and Scholars who authorize taking this money and not leaving it to the bank, under the pretext of not helping the bank in committing Haram and not committing another Haram by leaving the interest to the Bank.

    The question is: What to do with the money that has been added to his capital? Is it permissible for him to take the interest-accrued money (riba money) and spend it on the poor or to repay his debts with it? Will he be rewarded for spending this money on the poor? Please advise us, Barakallahu Feekum, may He forgive your sins.

    From Ibrahim Abu Fathi

    Answer:

    Wa Alaikum Assalam wa Rahmatullahi wa Barakatuhu

    Before answering your question of “what to do with the interest money”, it is obligatory upon the one dealing with interest with the bank to immediately terminate his usurious (riba) transaction. He has to repent to Allah subahanahu wa taa’ala with sincere repentance, and Allah Almighty says:

    يَا أَيُّهَا الَّذِينَ آمَنُوا تُوبُوا إِلَى اللَّهِ تَوْبَةً نَصُوحًا

    “Oh you who have believed, repent to Allah with sincere repentance.” (At-Tahrim: 8)

    And He سبحانه وتعالى says:

    إِلَّا الَّذِينَ تَابُوا وَأَصْلَحُوا وَاعْتَصَمُوا بِاللَّهِ وَأَخْلَصُوا دِينَهُمْ لِلَّهِ فَأُولَئِكَ مَعَ الْمُؤْمِنِينَ وَسَوْفَ يُؤْتِ اللَّهُ الْمُؤْمِنِينَ أَجْرًا عَظِيمًا

    “Except for those who repent, correct themselves, hold fast to Allah, and are sincere in their religion for Allah, for those will be with the believers. And Allah is going to give the believers a great reward.” (An-Nisa: 146)

    At-Tirmidhi reports from Anas that the Prophet صلى الله عليه وسلم said:

    «كُلُّ ابْنِ آدَمَ خَطَّاءٌ وَخَيْرُ الخَطَّائِينَ التَّوَّابُونَ»

    “Every son of Adam makes mistakes. The best among those who make mistakes are the ones showing repentance.”

    For it to be true repentance, and for Allah سبحانه وتعالى to forgive the sin of the one seeking repentance, it is incumbent upon the one seeking repentance to leave the sin, and to regret having committed it in the past, and to intend with strongest determination not to return to the like of it. In case the sin is related to another person’s right, then it is obligatory to return the right to its owners or to achieve exemption from them. If he has money that he took from them through theft or coercion, then he will have to return the money to its owners, as to rid himself of the malignant gain from a Shar’i perspective. Gaining money in a Haram manner carries an adverse punishment. Ahmad reported from Abdullah Bin Masood, who said: “The Messenger of Allah صلى الله عليه وسلم said:

    «…وَلَا يَكْسِبُ عَبْدٌ مَالًا مِنْ حَرَامٍ… إِلَّا كَانَ زَادَهُ إِلَى النَّارِ»

    “No servant gains money in a Haram manner…except that it drives him towards the fire.”

    And At-Tirmidhi reported from Ka’ab Bin ‘Ujrah that the Messenger of Allah صلى الله عليه وسلم said:

    «يَا كَعْبَ بْنَ عُجْرَةَ، إِنَّهُ لَا يَرْبُو لَحْمٌ نَبَتَ مِنْ سُحْتٍ إِلَّا كَانَتِ النَّارُ أَوْلَى بِهِ»

    “Oh Ka’ab Bin ‘Ujrah, no meat is collected that has been grown from Haram, except that the fire has more right over it.”

    As for the bank’s interest on his money and how to get rid of it, the answer is as follows:

    1. If he tells the bank “I want my capital only” and the bank’s regulations allow him to take his capital solely, then he shall take his capital.

    2. But if the bank’s regulations do not allow so, rather they oblige him to take the interest along with his capital in one pay or otherwise they will not give him his capital, in this case he takes his capital along with the riba (interest) and gets rid of the latter. He puts it in charitable places stealthily, without showing that he is giving it in charity, because it is Haram money. Therefore it is incumbent upon him to get rid of it. He sends it to a mosque for example, without letting anybody know, or to a poor family without letting them know who the sender is, or anything similar to this. It has to be done in a way that does not manifest him giving charity or anything similar.

    3. As to the reward for spending this money, then there is no reward for giving Haram money. Spending this money in charity does not amount to Sadaqah, because it is not Halal money that he owns. But he will be rewarded for leaving the Haram, Insha’Allah, i.e. cancelling his usurious transaction with the bank and getting rid of the Haram money. Allah Almighty accepts repentance from his servants and does not waste the reward of him who did a good deed.

    Your Brother
    Ata Bin Khalil Abu Al-Rashtah

    28 Jumada I1435 AH
    29/03/2014 CE

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  • Zakat on Trade Money

    Question:

    Assalamu Alaikum, I have a question about zakat. First, I’ll tell you the situation; I make profit on selling apartments. For example, I bought an apartment for 30,000 and sold it for 35,000, after one year I’ve made 20,000 profit. I had last year 100,000 and now I have 120,000; on which amount do I have to pay the zakat; 120,000 or 20,000?

    Answer:

    Wa Alaikum Assalam wa Rahmatullahi wa Barakatuh,

    It is clear from the question that you are trading in the purchase and sale of apartments. Accordingly, Zakat here falls in the category of Zakat in trade, and trade deals are liable to Zakat without the existence of dispute in this matter among the Sahaba. Abu Dawood narrated from Samurah bin Jundub who said:«أما بعد، فإن رسول الله صلى الله عليه وسلم كان يأمرنا أن نخـرج الصدقة من الذي نعد للبيع» “Further, the Messenger of Allah (saw) commanded us to divert the charity from what we were sell“… The obligation of Zakat in trades was narrated from Omar, and his son, and Ibn Abbas, and the seven scholars, and Hasan, Jabber, Tawoos, al-Nakha’i, a-Thawri, al-Awzaa’i, a-Shafi’i, Ahmad, Abu Obeid, the seven scholars of fiqh, and Abu Hanifa, and others.

    Zakat is due on trade deals if their value reaches the value of the quorum (Nisab) of gold, or the quorum (Nisab) of silver, when a whole year (al-Hawl) has passed on them.

    If the merchant began his business, with money that is less than a quorum, and at the end of the year the money reached a quorum, than Zakat is not liable on him; because the quorum did not complete a whole year. He is obliged to pay Zakat on this quorum, after it completely passes a whole year (al-Hawl).

    If the merchant began trade with money that exceed a quorum, say he had started his business with a thousand dinars, and at the end of the year his business has grown, and earned, and became worth three thousand dinars, then he has to pay Zakat for the three thousand dinars, and not for one thousand dinars, which he started out with; nor for the profit only, which he earned from them, but for the entire amount that has become his i.e. for the “3000”. This is because the growth of the money that he began is included in this money and the time period of the resulting profit is the exact time period of the origin…

    In other words, the issue is as follows:

    1. When the value of the substance of trade reaches a quorum, it is twenty gold dinars i.e. 85 grams of gold, or two hundred silver dirhams i.e. 595 grams of silver… then this date is recorded and becomes the beginning of the year, “the Hijri year”.

    2. At the end of the year (al-Hawl) the value of the substance of the trade that he has is calculated: (the capital and the profit) and he gives out Zakat at a rate of (1 out of 40) or (2.5%).

    3. Therefore, the answer to your question is as follows:

    a. In the previous year you had 100,000 to trade with, and this is more than a quorum.

    b. As a result of trading in the purchase and sale of apartments you earned during the year 20,000.

    c. At the end of the year, “al-Hawl”, you have 120,000.

    d. Zakat is payable on all trade money, and not only on the profit. That is on the amount of the full trade, i.e. 120,000 at 2.5% i.e. 3000.

    Your brother,

    Ata Bin Khalil Abu Al-Rashtah

    13 Jumada I 1435
    2014/03/14

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