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+he went to her grave but was overtaken by grief to such an extent that he cried very
much. Those people who were with him were overwhelmed too and began to cry with him.
THE PROPHET'S صلى الله عليه وسلم PARENTS
We learn from this hadith that the Prophet's صلى الله عليه وسلم parents died as disbelievers. This is
what the earlier scholars say. However, later day scholars have proved that they were
Muslims. They have suggested three possibilities of their Islam.
(i)
.عليه السلام Ibrahim صلى الله عليه وسلم They followed the religion of Prophet
(ii)
They never received the message of Islam and died during the days of
fatrah (the period when there was no Prophet, between prophet Easa
.صلى الله عليه وسلم and Prophet Muhammad السلام
(iii)
Allah received t hem on the prayer of the Prophet صلى اللهعليه وسلم (as a miracle)
for so much time that they could express belief (in Islam and) the Prophet's
messengership. However, the hadith about this is itself da'if (weak) but it
is made correct and hasan through a number of lines of transmission.
This thing was unknown to the earlier scholars but Allah disclosed it to the later day
scholars. Suyuti anus, has sat at rest doubts of the dissenters in this regard with sound
arguments in his writings.
Since this issue is very delicate, the ulama (Scholars) decide that silence should be observed
about it. Allah alone knows the correct thing.
WHAT TO SAY AT GRAVEYARD
(١٧٦٤) وَعَنْ بُرَيْدَةً قَالَ كَاتَ رَسُولُ اللَّهِ صَلَّى اللهُ عَلَيْهِ وَسَلَّمَ يُعَلِّمُهُمْ إِذَا خَرَجُوْا إِلَى الْمَقَابِرِ السَّلَامُ
عَلَيْكُمُ أَهْلَ الدِّيَارِ مِنَ الْمُؤْمِنِينَ وَ الْمُسْلِمِيْنَ وَإِنَّ إِنْ شَآءَ اللَّهُ بِكُمْ لَلَا حِقُوْنَ تَسْأَّلُ اللّهَ لَنَا وَلَكُمُ
الْعَافِيَةَ(رواه مسلم)
صلى الله عليه وسلم narrated that Allah's Messenger رضى الله عنه Sayyiduna Buraydah .1764
taught them to say when they went to the graveyards:
السَّلَامُ عَلَيْكُمْ أَهْلَ الدِّيَارِ مِنَ الْمُؤْمِنِيْنَ وَالْمُسْلِمِيْنَ وَإِنَّا إِنْ شَاءَ اللَّهُ لَلاَ حِقُوْنَ نَسْأَلُ اللَّهُ لَنَّا وَلَكُمُ الْعَافِيَّةَ
"Peace be on you, O the occupiers of the dwellings, among the believers and t he
Muslims. And, we, insha Allah, shall join you. We pray to Allah for security for
ourselves and for you."1
SECTION II
الفضلُالثَّانِى
(١٧٦٥) عَنِ ابْنِ عَبَّاسٍ قَالَ مَرَّ النَِّيُّ صَلَّى اللَّهُ عَلَيْهِ وَسَلَّمَ بِقُبُورٍ بِالْمَدِيْنَةِ فَأَقْبُلَ عَلَيْهِمْ بِوَجُهِهِ فَقَّالَ
السَّلَامُ عَلَيْكُمْ يَا أَهْلَ الْقُبُوْرِ يَغْفِرُ اللَّهُ لَنَا وَلَكُمْ أَنْتُمُ سَلَقْنَا وَتَخْنُ بِالْأَثَرِ - رَوَاهُ التِّرْ مِذِىُّ وَقَالَ
لهُذَا حَدِيْثُ حَسَنْ غَرِيُبُ
1765. Sayyiduna Ibn Abbas رضى الله عنه narrated that the Prophet صلى الله عليه وسلم passed by
some graves in Madinah. He faced them and said:
1 Muslim # 104-957, Ibn Majah # 1547, Musnad Ahmad 5-353.

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السَّلَامُ عَلَيْكُمْ يَا أَهْلَ الْقُبُوْرِ يَغْفِرُ اللَّهُ لَنَا وَلَكُمْ آَنْتُؤْ سَلَقْنَا وَتَحْنُ بِالْأَرِ
"Peace be on you, O dwellers of the graves! May Allah forgive us and you! You
have preceded us while we shall. follow."1
COMMENTARY: It is mustahab (desirable) for anyone to turn his face towards the face of the
dead person before conveying salaam to him. He must continue to do it while praying and
reciting surah al-FAtihah. The ulama (Scholars) are one about it, except Ibn Hajar alas, who
says that while making supplication and reciting surah al-Fatihah it is mustahab (desirable)
to face the qiblah.
Mazhar al, said that visiting a dead person is like meeting him while he was alive. Hence,
when visiting a dead or his grave, one should face his body or his grave just as one did face
him in his life. Also, the same manners and methods must be observed as were done during
his lifetime. For example, if during his lifetime, one respected him and did not sit very close
to him then the same thing must be done at his grave and one should stand or sit at a
distance. If one was very close in life then at the grave too one must stand or sit very close.
At the grave one must recite surah al-Fatihah (once) and surah al-Ikhlas three times and
convey the reward to the dead and make supplication for him. But, he must not touch the
grave or kiss it because this is what the Christian do. Also, one must not prostrate oneself at
the grave, nor how, to more round it is very sinful, and contrary to the precession of Islam.
SECTION III
الفَصلُ الثَّالِثُ
THE PROPHET صلى الله عليه وسلم WENT TO THE GRAVEYARD TOWARDS THE END OF
THE NIGHT
(١٧٦٦) عَنُّ عَائِشَةً قَالَتْ كَاتَ رَسُولُ اللهِ صَلَّى اللهُ عَلَيْهِ وَسَلَّمَ كُلَّمَا كَانَ لَيْلَتْهَا مِنْ تَّسُوْلِ اللَّهِ صَلَى اللّهُ
عَلَيْهِ وَسَلَّمَ يَخْرُجُ مِنْ آخِرِ اللَّيْلِ إِلَى الْبَقِيْعِ فَيَقُولُ السَّلَامُ عَلَيْكُمُ دَارَ قَوْمٍ مُؤْمِنِيْنَ وَآتَاكُمُ مَّا تُؤْعَدُوْنَ غَدًّا
تُؤَّجَّلُونَ وَإِنَّا إِنْ شَاءَ اللهُ بِكُمْ لَا حِقُوْنَ اَللَّهُوَّ اغْفِرْ لِأَهْلِ يَقِيْعِ الْغَرْقَدِ (رواه مسلم)
1766. Sayyidah Ayshah Que a+, narrated that every such night when it was her turn
with Allah's Messenger صلى الله عليه وسلم he went toward the last portion of the night to
al-Baqi these he would say:
السَّلَامُ عَلَيْكُمُ دَارَ قَوْمٍ مُؤْمِنِيْنَ وَأَتَاكُمْ مَّا تُؤْعَدُوْنَ غَدَّا تُؤَجَّلُوْنَ وَإِنَّا إِكْ شَاءَ اللّهُ بِكُمُـ
لَا حِقُوْنَ اَللَّهُوَّ اغْفِرُ لِأَهْلِ بَقِيْعِ الْغَرُقَدِ
"Peace be on you, the house of the believing people. That which was promised to
you will come to you tomorrow. Respite is given to you. And, we shall, insha Allah,
join you. O Allah, forgive the dwellers of Baqi al-gharqad."2
COMMENTARY: Al-Baqi is where are the graves of the people of Madinah. This graveyard
is also called Janat ul Baqi. There are many trees of Gharqad here. This is why it is called in
this supplication Baqi ul Gharqad. (Gharqad is a species of tree, large and perhaps Thorny).
1 Tirmidhi # 1053.
2 Muslim # 102, 974, Nasa'i # 2039.

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(١٧٦٧) وَعَنْ عَائِشَةً قَالَتْ كَيْفَ أَقُولُ يَا رَسُولَ اللَّهِ تَعْنِي فِيْ زِيَارَةِ الْقُبُوْرِ قَالَ قُوْلِيُ السَّلَامُ عَلَى أَهْلٍ
الدِّيَارِ مِنَ الْمُؤْمِنِيْنَ وَالْمُسْلِمِيْنَ وَ يَرْحَمُ اللَّهُ الْمُسْتَقْدِمِيْنَ مِنَّا وَالْمُسْتَاخِرِيْنَ وَإِنَّا إِْ شَآءَ اللّهُ بِكُمْ
لَلَاحِقُونَ(رواه مسلم)
1767. Sayyidah Ayshah رضى الله عنها narrated that she asked, "O Messenger of Allah.
What may I say, meaning, during visits to the graves?" He said, say:
السَّلَامُ عَلَى أَهْلَ الدِّيَارِ مِنَ الْمُؤْمِنِيْنَ وَالْمُسْلِمِيْنَ وَ يَرُحَمُ اللهُ الْمُسْتَقْدِمِيْنَ مِنَّا وَالْمُسْتَاخِرِ يْنَ وَإِنَّا إِ
شَاءَ اللَّهُ بِكُمْ لَلَاحِقُوُنَ
(Peace be on the dwellers of house of the believers and the Muslims. May Allah
have mercy on the predecessors among us and the deferred one. We shall join you.
Surely, insha Allah.)"1
صلى الله the Prophet ,رضى الله عنه COMMENTARY: According to a hadith of Sayyiduna Ibn Abbas
jule said. "If anyone goes to the grave of a believing brother whom he knew in the world
and offers salaam to him, then the grave-dweller recognizes him and gives a response to
his salaam."
VISITING GRAVES OF PARENTS
(١٧٦٨) وَعَنْ مُحَتَّدِ بْنِ التُّعْمَانِ يَرْفَهُ الْحَدِيْثَ إِلَى النَّبِيِّ صَلَّى اللّهُ عَلَيْهِ وَسَلَّمَ قَالَ مَنْ زَارَ قَبْرَ أَبُوَيْهِ اَوْ
:
أَحَدِهِمَا فِي كُلِّ جُمُعَةٍ خُفِرَلَهُ وَكُتِبَ بَّا - رَوَاهُ الْبَيْهَقِيُّ فِ شُعَبِ الْإِيْمَانْ مُرْسَلًا-
1768. Sayyidua Muhammad ibn Nu'man a >, narrated that hadith in a marfu
manner that the Prophet صلى الله عليه وسلم said, "If anyone visits the grave or his parents,
or the grave of one of them, on every Friday (or on any day of the week), then he is
forgiven and is recorded as being good to his parents."2
PERMISSION TO VISIT GRAVES & THE REASON FOR IT
(١٧٦٩) وَعَنِ ابْنِ مَسْئُوُدٍ أَكَّ رَسُولَ اللهِ صَلَّى اللَّهُ عَلَيْهِ وَسَلَّمَ قَالَ كُنْتُ غَيْتُكُمُ عَنْ زِيَارَةِ الْقُبُوُرِ
فَرُؤُرُؤُهَا فَإِنََّا تُزَهِّدُ فِي الدُّنْيَا وَتُذَكِّرُ الْآخِرَةَ(رواه ابن ماجة)
صلى الله عليه وسلم narrated that Allah's Messenger رضى الله عنه Sayyiduna Ibn Mas'ud .1769
said, "I had forbidden you to visit graves, but (now) visit them. In this world, they
help you to be abstinent, and they serve as a reminder of the hereafter."3
COMMENTARY: The hadith mentions why one may visit t he graves. These visits cause
one to be disinterested with the world and the worldly things. If, after all, that is the end,
then why should one incline to the world and boast about one's life. Great people were
born in this world. Some of them took advantage of their kingdom and authority to claim
divinity. Some were intoxicated with their power and wealth to demonstrate their
1 Muslim # 103-974, Nasa'i # 2038.
2 Bayhaqi in Sha'b ul Eeman # 7901.
3 Ibn Majah # 1571.
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superiority. Some took shelter behind science and inventions to challenges nature. Some
used their status and office to throw peace into disorder and unrest resulting in rampant
bloodshed. But, what was the end?
Alas! when they were buried under earth, there was no one to remember them. When they
were cast into the seas, the very first wave thrust the frame of arrogance into the mouth of a
sea animal and annihilation. When their bodies were entrusted of flames of fire,
helplessness smiled at them.
The second reason for visiting graves is that it serves as a reminder of the next world. At
the graveyard, one realizes that there is another world where one will go. On going there,
one will have to account for each of one's deeds in this world.
It is the thought of death above that unveils the falsehood of the tastes of this world. It
keeps one away from sin.
WOMEN DISALLOWED TO VISIT GRAVES
(١٧٧٠) وَعَنْ أَبيْ هُرَيْرَةً أَّ رَسُوْلَ اللّهِ صَلَّى اللَّهُ عَلَيْهِ وَسَلَّمَ لَعَنَ زَوَّارَاتِ الْقُبُوُرِ - رَوَاهُ أَحْمَدُ
وَالتِّرْ مِذِىُّ وَابْنُ مَاجَةَ وَقَالَ التِّزْمِذِيُّ هَذَا حَدِيْتْ حَسَنْ صَحِيْعٌ وَّقَالَ قَدْرَأْى بَعْضُ أَهْلِ الْعِلُمِ آَّ هُذَا
كَانَ قَبْلَ ا يُرَخِّصَ النَّبِىُّ صَلَّى اللهُ عَلَيْهِ وَسَلَّمَ فِيْ زِيَارَةِ الْقُبُوْرِ فَلَنَّا رَخَّصَ دَخَلَ فِ رُجُّصَتِهِ الرِّجَالُ
وَالنِّسَآءُ وَقَالَ بَعْضُهُمْ إِنَّمَا كَرِهَ زِيَارَةَ الْقُوْرِ لِلِنِسَآءِ لِقِلَّةٍ صَبْرٍ مِنَّ وَكَثْرَةِ جَزْعِهِنَّ تَّ كَلَّامُه-
صلى الله عليه وسلم narrated that Allah's Messenger رضى الله عنه Sayyiduna Abu Hurayrah .1770
cursed women who visit ed graves frequently. 1
Tirmidhi said that some ulama (Scholars) hold that this command was given before
visit to graves was permitted. When the permission was given, it included both men
and women. However some ulama (Scholars) insist that women are disallowed to
visit graves because they lack enough patience and tend to become restless.
TREATMENT AFTER DEATH LIKE BEFORE DEATH
(١٧٧١) وَعَنْ عَائِشَةً قَالَتْ كُنْتُ أَدْخُلُ بَيْتِى الَّذِى فِيْهِ رَسُولُ اللَّهِ صَلَّى اللهُ عَلَيْهِ وَسَلَّمَ وَإِّ وَاضِهُ
ثَوْنٍ وَأَقُولُ إِنَّمَا هُوَ زَوُجِئْ وَآَيْ فَلَمَّا دُفِنَ عُمَرُ مَعَهُمْ فَوَاللُّهِ مَا دَخَلْتُهُ إِلَّا وَأَنَا مَشْدُودَةٌ عَلَىَّ ثِيَانٍ
حَيَاْءٍ مِنْ عُمَرَ(رواه احمد)
1771. Sayyidah Ayshah L &l+, narrated, "When I went into my room in which
Allah's Messenger صلى الله عليه وسلم (and Abu Bakr رضى الله عنه were buried), I put off my
garment (meaning the overall sheet like scarf), saying to myself that only my
husband and my father lay there. Later, when Umar Le d +, was also buried (in
the room) next to them by Allah, I did not enter it without wrapping an overall
garment (above my clothing) out of modesty in the presence of Umar As An (+)
(because he was not a mahram)."2
-
1 Tirmidhi # 1058, Ibn Majah # 1576, Musnad Ahmad 3-442, Nasa'i # 2043.
2 Musnad Ahmad 6-202.

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COMMENTARY: This hadith is evidence that the same decorum be observed before the
dead and the grave as was observed during his life time. Sayyiduna Uqbah ibn Aamir al>,
used to say;
"If I had to walk on fire or stand on sharp sword till my feet burned (or cut off), that is
preferable in my sight to walking on someone's grave. And I think that there is no
difference in passing water at the graves and in the presence of people in market places."
In the same way, Ibn Abu ad-Dunya als, wrote about Sulaym ibn Ghafir anden, that while
he was in a graveyard, he had a strong urge to urinate. (seeing his condition) other people
advised to alight from the riding beast and pass water. He said, "By Allah, I observe
modesty before the dead as I do before the living."
Praise belongs to Allah, the Book of as-Salah (prayer) and the Book of al-Janaiz (Funerals)
are over.
صلى الله تعالى على خير خلقه محمدواله واصحابه اجمعين ولا حول ولا قوةالا باللهالعلى العظيم

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BOOK - VI
ZAKAT
کتاب الزکوة
CHAPTER - I
MEANING:
The literal meaning of zakah (Annual due charity) is: 'purity, blessing
"increase." In the terminology of Shriah it is: 'to make a deserving person owner of so
much portion of one's own property as is specified by Shari'ah."
If the literal meaning and the terminology of Shari'ah are read together, it becomes clear t
hat paying to the deserving the designated portion purifies the wealth remaining in the
hands of the payer of zakah (Annual due charity), Allah puts blessing into it and not only
does it increase in this world but also there is (a blessing and) an increase in the reward
in the hereafter from Allah. It purifies the owner of property of prayer of zakah (Annual
due charity), of sins and evil traits like stinginess. This is why this deed is called zakah
(Annual due charity).
Zakah (Annual due charity) is also called sadaqah (charity) because t his deed is evidence of
the soundness and truth of the claim to faith (and belief) of the person who pays out a
portion of his wealth and property. (Truthful fullness is sidq and sadaqa while sadaqah
(charity) is charity)
WHEN DID ZAKAH (ANNUAL DUE CHARITY) BECOME FARD: Sadaqat ul fitr was
made wajib (obligatory) in 2nd Hijri. As for zakah (Annual due charity), while the ulama
(Scholars) disagree on when it was made fard (compulsory), the correct opinion is that the
command making zakah (Annual due charity) fard (compulsory) was enacted in Makkah
before the hijrah but it was levied in Madinah on first Ramadan in the second hijri. In other
words, zakah (Annual due charity) was declared fard (compulsory) on 1st Ramadan 2AH and
the promulgation was made.
ZAKAH (ANNUAL DUE CHARITY) WAS FARD (COMPULSORY) ON ALL UMMAHS:
The general ruling is that zakah (Annual due charity) was never fard (compulsory) or wajib
(obligatory) on the noble Prophets >J Je. However, just as salah (prayer) was fard
(compulsory) for the previous ummahs, so too zakah (Annual due charity) was fard
(compulsory) on every ummah preceding the ummah of Muhammad صلى الله عليه وسلم, though
there was difference in the rate and limit of property. It is confirmed, too, that the rules for
zakah (Annual due charity) are very easy in the Islamic Shariah while they were not as easy
in the legislations of the earlier Prophets. (> Juuls
SIGNIFICANCE & EMPHASIS OF ZAKAH (ANNUAL DUE CHARITY): In the Quran,
zakah (Annual due charity) is mentioned thirty two times with salah (prayer). This not only
shows that these two things are complementary but also expresses the merit and emphasis
of zakah (Annual due charity). Then, zakah (Annual due charity) is also mentioned in the Quran
by itself at many places. Allah has assured the prayers of zakah (Annual due charity) of
mighty reward in both the worlds. At the same time, those who will not it have been
warned so severely that hearts tremble at the thought of it. How wretched are they who
refrain from discharging this important duty and are prepared to endure the punishment.
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(We seek refuge in Allah)
Zakah (Annual due charity) is a major part of Islam. Its obligation is absolute. So, anyone
who rejects it is a disbeliever. He who does not pay it is a great sinner and impious. Rather,
the ulama (Scholars) say that one who does not pay zakah (Annual due charity) is liable to be
killed. (Muhit ul Sarkhusi)
When wealth or property is in anyone's possession for one year and he is a sahib nisab then
zakah (Annual due charity) becomes payable promptly, this being wajib (obligatory). Any kind
of delay in its payment is sinful. However, some people say t hat at the end of the year, it
does not become wajib (obligatory) promptly, but the wajib (obligatory) nature is deferred and
if unpaid till death then it is sinful. (Nisab is the amount, or value of property on which it is
liable to the zakah (Annual due charity), Sahib un Nisab is the owner of the minimum wealth
or property on which zakah (Annual due charity) is payable).
ON WHOM IS ZAKAH (ANNUAL DUE CHARITY) FARD (COMPULSORY): Zakah
(Annual due charity) is fard (compulsory) on every Muslim who is free, sane and adult,
provided he possesses the nisab and that has remained in his possession for one entire
year. Besides, that should be free of debt and beyond his real needs. It should be nami
(meaning, productive or which can increase), in numbers and value or in merely value
intrinsically. Also, his ownership should be complete and perfect.
Zakah (Annual due charity) is not wajib (obligatory) on a disbeliever, slave, insane1
and minor. It is not wajib (obligatory) on a sahib nisab who has not possessed nisab for a full
year. However, if anyone possesses the nisab at the beginning of the year and at the end of
it but not during the year then he will have to pay the zakah (Annual due charity) because
this attracts the command of the year.
Zakah (Annual due charity) is not fard (compulsory) on a debtor to the extent of his debt. It is
wajib (obligatory) on the property in excess of debt if it is to the limit of the nisab. It must be
understood that the debt absolves one of zakah (Annual due charity) only when it is payable
to fellowmen. The demands concerning vows, expiation, fitrah and such like as concern the
Being of Allah, and no human being has a right to make a demand for them, do not absolve
one from the payment of zakah (Annual due charity). However, such demand as though they
concern Allah yet human beings have a right to receive them, like zakah (Annual due
charity), ushr, kharaj (homage revenue), etc. and the imam (ruler) of the times can demand
them behalf of Allah, absolve one from payment of zakah (Annual due charity), but the imam
of the times may demand payment from the visible wealth, like livestock, trade
merchandise that is brought into the city or takan out of it, and cash. As for t he property
whose trading is done within the city limits, the ruler cannot demand it. If a wife demands
her dower then zakah (Annual due charity) is not wajib (obligatory) to the extent of the dower
on his property.
It is stated in Bahr ur Raqa'iq that the reliable verdict is that debt is a deterrent to zakah
(Annual due charity) and sadaqatul fitr (charity after Ramadan). Debt is a determent
whatever kind, prompt or deferred even the dowry deferred to any future time like divorce
or death. But, some people assert that a deferred dowry is not a determent to payment of
1 Provided insanity is for a year; if, after he becomes Sahib nisab, his insanity disappears to some
extent, in the beginning of the year or end, zakah (Annual due charity) will be payable. If insanity
comes over him once or twice a year then zakah (Annual due charity) is not fard (compulsory) on him.
When it disappears, that will be deemed as the beginning of the year.
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zakah (A.inual due charity) because generally it is not demanded, as against prompt dowry
which is demanded. Again, some ulama (Scholars) have said that if a husband intends to
pay the dower then the deferred dowry is a deterrent to the obligation of zakah (Annual due
charity), otherwise not because it is not counted as a debt.
There is a difference of opinion among Imam Abu Hanifah als, and His two companions,
Imam Abu Yusuf ales, and Imam Muhamamad ales, on the question; if a husband is rich
then will his wife be deemed to be a ghaniyah1
because of the answer (that is payable by her husband)? The two companions hold that she
will be regarded to be a ghaniyah and will not be eligible to receive zakah (Annual due
charity). Imam Abu Hanifah àla», gave his final verdict that she is not ghaniyah. It must be
borne in mind that this difference pertains merely to the prompt dower. As for as the
deferred dower is concerned, all the three of them agree that such a woman shall not be
considered a ghaniyah.
REAL NEEDS: These are:
Residential house, clothings, household utensils, conveyance like cycle, etc., Servants
(slaves) weapons, books for scholars, professional tools for skilled workers.
If any one bought a house with intention to trade and that house is not for his residence
then zakah (Annual due charity) will be wajib (obligatory) on him. In this way, other things
may be surmised to. If the house, servants etc are in excess of the need but they are not
trade merchandise then zakah (Annual due charity) is not wajib (obligatory) on them.
PERFECT OWNERSHIP: It is has stated in the foregoing lines that his ownership should
be perfect and complete for zakah (Annual due charity) to be wajib (obligatory). This means
that he should be the real owner of the property and it should be in his possession and at
his discretion.
Zakah (Annual due charity) is not fard (compulsory) if property is not owned and not in control,
or it is owned but not in hand, or it is in hand but not owned. Hence, there is no zakah (Annual
due charity) on the property earned by a mukatab not on him as well as on the mukatab,
because that property is not owned by the mukatab though it is in his hands. So, too, it is not
in the hands of the mawla though he owns it. (Mukatab is a slave who ransoms himself with
his owner's consent. Mawla is a freedman a slave, a protector, or a helper, or a master.)
Zakah (Annual due charity) is not wajib (obligatory) even on property of which one is not
certain, because though it is in one's ownership yet not in possession or hands. This kind of
property is beyond one's control. There are many types of it:
(i)
The property that diminishes or is lost.
(ii)
It may have been buried in a desert but that place cannot be traced.
(iii)
The property that is sunk in the seas.
(iv)
The property someone snatches but there is no witness to testify to it.
(v)
The property that an oppressor confiscates cruelly.
(vi)
The property that a debtor takes but denies the debt and there is no evidence or
witness.
If this kind of property is recovered then zakah (Annual due charity) is not wajib (obligatory)
for the past period. However, if some property is buried in the home, not in the desert, and
after forgetting the place where it was buried, it is recovered, then zakah (Annual due charity)
1 ghaniyah is a woman to whom zakah (Annual due charity) may not be paid.

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is wajib (obligatory) for the past days too.
Zakah (Annual due charity) is wajib (obligatory) also on the debt when the debtor does not
deny the debt whether he is affluent or a pauper. It is wajib (obligatory) even if he denies the
debt but there is a witness or the judge himself knows of the debt, but it will be wajib
(obligatory) in this way:
(i)
If the debt is a trading debt, then as soon as recovery is to the tune of one-fifty of
the nisab, he must pay the outstanding zakah (Annual due charity) (of the past).
(ii)
If the debt is not a trading debt, but against sale of personal clothing, slaves or
residential house, and sale proceeds are receivable, then zakah (Annual due
charity) of the past will become wajib (obligatory) when he recovers as much as
the value of nisab.
(iii)
If the debt pertains to intangibles like payment of dowry, will, value of khula,
and so on, zakah (Annual due charity) will become wajib (obligatory) when recovery
equals the value of nisab and full year has lapsed possessing it. This means that
past zakah (Annual due charity) will not be wajib (obligatory). Only current year's
zakah (Annual due charity) will be wajib (obligatory) during which he possessed the
property. However, this ruling applies one who was not sahib nisab beforehand
otherwise this recovered wealth will be deemed to be productive or an increase
in wealth and zakah (Annual due charity) will be calculate ed with the wealth and
property already in his possession. The condition of one year will not be applied.
NIYAH (FORMING INTENTION): It is binding that the person who pays the zakah
(Annual due charity) must form an intention in his mind at the time of paying it that he pays
zakah (Annual due charity). He must say to himself, 'Whatever was fard (compulsory) on me to
pay. I am paying to seek Allah's pleasure." Or, whenever he takes out the portion of zakah
(Annual due charity) from his wealth, he may from an intention at that time, "I apportion so
much as is payable towards zakah (Annual due charity)."
If anyone gives away all his wealth in the name of Allah without forming an intention to pay
zakah (Annual due charity) then he is absolved of having to pay zakah (Annual due charity).
There will be no demand to him towards zakah (Annual due charity) provided he has not given
away his wealth with an intention to discharge another wajib (obligatory) over him.
If any one gives away not all his wealth but some of it, without forming an intention to pay
zakah (Annual due charity), in Allah's path as charity then:
- Imam Muhammad als, contends that zakah (Annual due charity) is considered to
have been paid.
- Imam Abu Yusuf àtus, contends that zakah (Annual due charity) remains payable.
- Imam Abu Hanifah ales, holds the same opinion.
So, the verdict or edict is given on this contention (of Imam RH).
EVADING ZAKAH (ANNUAL DUE CHARITY): It is makruh (unbecoming) to evade or by-
pass zakah (Annual due charity). Fir instance, if anyone decides to avoid payment of zakah
(Annual due charity) and before the year is about to end, he makes a gift to his property to
someone else giving him the possession of it too, then though he will have saved himself
from the payment of zakah (Annual due charity) yet this is not good deed.
If anyone buys a slave as a trade merchandise but decides to use him to serve him, then the
slave is no longer for trading purposes. He will be a household servant and zakah (Annual
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the intends to treat him as a trade merchandise, the slave will not attract the command of
trading till he sells him. Therefore, the sale proceeds will be property on which zakah
(Annual due charity) is wajib (obligatory).
DEFINITION OF NISAB: Nisab of zakah (Annual due charity) is that specific limit of
property and wealth on which Shari'ah has made it compulsory to pay (annual due
charity). If the wealth and property is below that limit, then zakah (Annual due charity) is not
fard (compulsory). For example, for camels it is five, twenty-five, etc. for sheep it is forty and
one twenty-one etc. so for silver it is twenty mithqal. (The portion about camels is
explained in a chart at the end of this discourse).
KIND OF NISAB: Thre are two kinds of nisab. Naami which appreciates in value and
ghayr naami which does not grow in value. Further, naami is also of two kinds: haqiqi and
taqdiri. The former portions to trade merchandise and animals that appreciate in value and
also multiply in number. The later applies to gold and silver that do grow in value
intrinsically.
The ghayr naami nisab pertains to immovable properties like homes, household items that
are in excess of real needs.
DIFFERENCE BETWEEN NISAB NAAMI & GHAYR NAAMI: The owner of nisab
naami has payment of zakalı (Annual due charity) fard (compulsory) on him and it is not
proper for him to receive other people's zakah (Annual due charity), payment against vows
and wajib sadaqah (obligatory charity). And it is wajib (obligatory) for him to pay the sadaqat ul
fitr and make the sacrifice.
Zakah (Annual due charity) is not fard (compulsory) on the owner of nisab ghayr naami. He
too should not receive other people's payments of zakah (Annual due charity), against vows
and wajib (obligatory) sadaqah (charity). And, it is wajib (obligatory) on him, too, to pay the
sadaqatul fitr (charity after Ramadan) and make the sacrifice.
The following is extracted from 'Heavenly Ornaments' Mawlana Ahmad Ali Thanwi
(Bahisti Zewar) p 241 (Darul Ish'at). Read against definition of Nisab.
NUMBER
ZAKAH (ANNUAL DUE CHARITY)
1 Year old
2 Years old
3 Years old
4 Year old
5-9
1 goat
10-14
2 goats
15-10
3 goats
20-24
4 goats
25-35
1 camel
36-45
1 camel
46-60
1 camel
61-75
1 camel
76-90
2 camels
92-120
2 camels
125-129
1 goat plus
2 camels
130-134
2 goats plus
2 camels
135-139
3 goats plus
2 camels
140-144
4 goats plus
2 camels

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2 camels
1 camel plus
145-149
3 camels
150-154
3 camels
1 goat plus
160-164
3 camels
2 goats plus
165-169
3 camels
4 goats plus
170-174
3 camels
1camel plus
175-185
3 camels
4 goats plus
170-174
3 camels
1 camel plus
175-185
3 camels
1 camel
186-195
4 camels
196-200
If the number of camels is more than 200, the same method of calculation as has been
followed from 150 onwards should be continued.
If a person possesses camels and gives a camel as zakah (Annual due charity), then this camel
which he is giving as zakah (Annual due charity) will have to be a female camel. However, if
a male camel is of the same value as that of a female camel, it will be permissible to give a
male camel.
SECTION I
الفضل الأول
THE PROPHET'S Là,L. COMMANDS ABOUT ZAKAH (ANNUAL DUE CHARITY)
(١٧٧٢) عَنِ ابْنِ عَبَّاسِ آَكَّ رَسُولَ اللهِ صَلَّى اللَّهُ عَلَيْهِ وَسَلَّمَ بَعَثَ مُعَاذًا إِلَى الْيُّمَنِ فَقَالَ إِنَّتَ تَأْتِ قَوْمًا
اَهُلَ كِتَابٍ فَادْعُهُمُ إِلَى شَهَادَةٍ أَنْ لَّا إِلهَ إِلَّ اللَّهُ وَلَّ مُحَمَّدَ اتَّسُوْلُ اللّهِ فَإِنْ هُمْ أَطَاعُوا لِذْرلِكَ
فَأَ عْلِمُهُمْ أَّ اللَّهُ قَدْ فَرَضَ عَلَيْهِمْ خَمْسَ صَلَوَاتٍ فِي الْيَوْمِ وَاللَّيْلَةِ فَإِنْ هُمْ أَطَاعُوا لِذُرِكَ فَأَعْلِمُهُمْ
أَّ اللهَ قَدْ فَرَضَ عَلَيْهِمْ صَدَقَةٌ تُؤْخَذُ مِنْ أَغْنِيَّائِهِمْ فَتُرُ عَلَى فُقَرَآئِهِمْ فَإِنْ هُمْ أَطَاعُوا لِذَلِكَ فَإِيَّاكَ
وَكَّرَآئِمَ آَهْوَ الِهِمْ وَاتَّقِ دَعْوَةَ الْتَظْلُؤْمِ فَإِنَّهُ لَيْسَ بَيْنَهَا وَبَيْنَّ اللَّهِ حِجَابٌ (متفق عليه)
1772. Sayyiduna Ibn Abbas رضى الله عنه narrated that Allah's Messenger صلى الله عليه وسلم sent
(Sayyiduna) Mu'adh us àn +) to Yemen (as the ruler or a judge). He instructed him
that he would come to a section of the people of the Book (Jews or Christians). He
should first invite them to bear witness that there is no God but Allah and that
Muhammad صلى الله عليه وسلم is His Messenger. If they submitted to it, then he should tell
them that Allah has prescribed for them salah (prayer) five times during day and
night. If they obeyed then he was to tell them that Allah has made fard (compulsory)
on them sadaqah (charity) (zakah (Annual due charity) on their wealth) to be taken
from their rich people and disbursed among their poor. If they obeyed that then he
should refrain from seeking the best portion of their property(but take the average
type of it and beware of hurting them). And, he should fear the supplication of the
wronged one, for, there is no veil between it and Allah.1
1 Bukhari # 740, Muslim # 29-19, Tirmidhi # 625, Abu Dawud # 1584, Nasa'i # 2522, Ibn Majah #
1783, Musnad Ahmad 1-233, Darimi # 1614.
155-159
3 camels
3 goats plus
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COMMENTARY: Though there were in Yemen polytheists and dhimmi disbelievers yet the
people of the Book formed a majority.
Ibn Maalik al , said that before declaring war against the disbelievers, it is wajib
(obligatory) to invite them to Islam, provided the invitation has not been conveyed to them
already. If the call to Islam has been conveyed to them then it is not wajib (obligatory) to
invite them again. It is now only mustahab (desirable) to do so.
PUNISHMENT TO THEM WHO REFUSE TO PAY ZAKAH (ANNUAL DUE CHARITY)
(١٧٧٣) وَعَنْ أَبِيْ هُرَيْرَةً قَالَ قَالَ رَسُولُ اللهِ صَلَّى اللَّهُ عَلَيْهِ وَسَلَّمَ مَا مِنْ صَاحِبٍ ذَهَبٍ وَلَّا فِقَّةٍ لَّا
يُؤَدِّئُ مِنْهَا حَقَّهَا إِلَّ إِذَا كَانَ يَوْمَّ الْقِيَامَةِ صُفِّحَتْ لَهُ صَفَائِعُ مِنْ ثَّارٍ فَأُحْمِىَ عَلَيْهَا فِي نَارٍ جَهَنَّمَ
فَيُكُوَى بِهَا جَنُبُهُ وَجَبِيْتُهُ وَ ظَهْرُهُ كُلَّمَا رُدَّتْ أُعِيْدَتْ لَهُ فِي يَوْمٍ كَانَ مِقْدَارُهُ خَمْسِيْنَ اَلْفَ سَنَّةٍ حَتُى
يُقْضِى بَيْنَ الْعِبَادِ فَيَزِى سَبِيْلَةُ إِنَّا إِلَى الْجِنَّةِ وَإِّا إِلَى النَّارِ قِيْلَ يَا رَسُولَ اللهِقَالْإِلُ قَالَ وَلَا صَاحِبُ إِپٍ
لَّا يُؤَدِّئُ مِنْهَا حَقَّهَا وَمِنْ حَقِّهَا حَلْبُهَا يَوْمّ وَرُدِهَا إِلَّ إِذَا كَانَ يَوْمَ الْقِيَّامَةِ بُطِعَ لَّهَا بِقَاءٍ قَرْ قَرٍ أَوْفّرّ
مَا كَانَتْ لَا يَفْقِدُ مِنْهَا فَصِيْلًا وَاحِدًّا تَظَأُهُ بِأَخْفَافِهَا وَتَعَتُّهُ بِأَفْوَاهِهَا كُلَّمَا مَرَّعَلَيْهِ أُوْلَّا هَارُدَّ عَلَيْهِ
أُخْرَاهَا فِي يَوْمٍ كَانَ مِقْدَارُهُ خَمْسِيْنَّ الْفَ سَنَّةٍ حَتَّى يُقْفِى بَيِّنَّ الْعِبَادِ فَيَرِى سَبِيْلَةُ إِنَّا إِلَى الْجَنَّةِ وَإَِا إِلَى
الثَّارِ قِيْلَ يَا رَسُولَ اللَّهِ فَالْبَقَّرُ وَ الْغَنَّهُ قَالَ وَلَا صَاحِبُ بَقَّرٍ وَلَا غَنَوٍ لَّا يُؤَّذِىُ مِنْهَا حَقَّهَا إِلَّا إِذَا
كَانَ يَوْمَّ الْقِيَامَةِ بُطِعَّ لَهَا بِقَاءٍ قَرْقَرٍ لَّا يَفْقِدُ مِنْهَا شَيْئًّا لَيْسَ فِيْهَا عَقْصَاءٍ وَلَا جَلْحَاءٍ وَلَا عَقْبَاءُ
تَنَْحُهُ بِقُرُونِهَا وَتَطَأْهُ بِأَظْلَا فِهَا كُلَّمَا مَرَّعَلَيْهِ أَوْلَا هَارُذَّ عَلَيْهِ أُخْرَاهَا فِي يَوْمٍ كَانَ مِقْدَارُهُ خَمْسِيْنَ
أَلْفَ سَنَّةٍ حَتَّى يُقْفِى بَيِّنَّ الْعِبَادِ فَيَرِى سَبِيُّلَةُ إِنَّا إِلَى الْجُنَّةَ وَإِمَّا إِلَى النَّارِ قِيْلَ يَا رَسُولَ اللَّهِ فَاء خُلُ قَالَ
فَادْخُلُ ثَلاثَةٌ هِيَّ ◌ِرَجُلٍ وِزُوْ وَهِىَّ لِرَجُلٍ سِتُوْ قَّهِىَ لِرَجُلٍ آجُرْ فَأَمَّا الَّتِ هِىَ لَهُ وِزُرْ فَرَجُلْ رَبَطَهَا رِيَاءٌ
وَفَخْرًّا قَنِوَاءٌ عَلَى أَهْلِ الْإِسْلَامِ فَهِىَ لَهُ وِزُرْ قَآَمَا الَّتِ هِىَ لَّهُ سِهُوْ فَرَجُلْ رَبَهَا فِيْ سَيِيْلِ اللَّهِ ثُؤَّ لَمْ
يَنْسَ حَقَّ اللُّهِي ◌ُهُوْرِهَا وَلَّا رِكَابِهَا فَهِىَ لَهُ سِنُوامَا الَّتِ هِىَ لَه آجُرْ فَرَجُلْ رَبَطَهَا فِي سَبِيلِ اللّولاهلِ
الْإِسْلَامِ فِي مَرٍَّ وَ رَوْضَّةٍ فَمَا أَكْلَتْ مِنْ ذُلِكَ الْتَرَجِ آَوِ الرَّوْضَّةِ مِنْ شَهْىٍ إِلَّ كُتِبَ لَهُ عَدَدَمَا أَكَلَتْ حَسَنَاتْ
وَكُتِبَ لَهُ عَدَدَ ارُوَاثِهَا وَأَبْوَالِهَا حَسَنَاتْ وَلَّا تَقْطَهُ بِوَلَهَا فَاسْتَنَّكُ شَرُقًا أَوْ شَرْقَيْنِ إِلَّ كَتَبَ اللّهُ لَّهُ عَدَدَ
أَثَارِهَا وَأَزْوَائِهَا حَسَنَاتٍ وَلَّا مَرَّبِهَا صَاحِبُهَا عَلَى تَهْرٍ فَشَرِبَتْ مِنْهُ وَلَّا يُرِيدُ أَنْ يَّنْقِيَهَا إِلَّا كَتَبَ اللّهُ لَّهُ
عَدّدَ مَا شَرِبَتْ حَسَنَاتٍ قِيْلَ يَا رَسُولَ اللهِ فَالْخُمُرُ قَالَ مَا أُنْزِلَ عَلَّ فِى الْحُمُرِ شَيْ إِلَّا هَذِهِ الْآيَةُ الْقَاذَّةُ
الْجَامِعَةُ فَمَنْ يَعْمَلُ مِفْقَالَ ذَرَّةٍ خَيْرًا يَّرَهُ وَمَنْ يَّعْمَلُ مِثْقَالَ ذَرَّةٍ شَرًّا يَّرَه-(رواه مسلم)

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صلى الله عليه وسلم narrated that Allah's Messenger رضى الله عنه Sayyiduna Abu Hurayrah .1773
said, "If anyone who owns gold and silver (to the value of the nisab) and does not
pay what is due (of zakah (Annual due charity)) on it, then on the day of
resurrection, plates of fire will be beaten out for him (out of over-beaten gold and
silver). They will be heated in the fire of hell and his side, forehead and back will
be scorched with them. Then they will be taken and again heated in the fire (when
they cool down somewhat) and brought back to him. The extent of that day (when
this goes on) will be fifty thousand years until reckoning of the mankind is over
and he will search his path whether it leads to paradise or to hell." The sahabah
(Prophet's companions) (,Àn +) asked him, "O Messenger of Allah, (this was about
precious metals) what about (those who do not pay zakah (Annual due charity) on)
camel?" He said, "If an owner of camels withholds (zakah (Annual due charity)) that
which is due on them like, for one, to milk them on the day they come down to the
water, on the day of resurrection, a soft plan padded with sand will be spread out
for them the widest one can imagine. He will observe that not even one of his
young camel is missing (and will be made to lie face down and the camels will be
as fat as can be). They will trample him with their hoovs and bite him with their
mouths. Every time one of them batches pass over him, another will follow. The
extent of that day will be fifty thousand years until reckoning of mankind is over
and he searches his path whether to paradise or to hell." Then, the sahabah
(Prophet's companions) ,sàn, asked him, "O Messenger of Allah, what about (the
owner of) cattle and sheep?" He said, "If an owner of cattle and sheep fails to pay
what is due (of zakah (Annual due charity)) on him, then on the day of resurrection,
a soft plain padded with sand will be stretched out for them. He will not find any of
them missing and none will have a twisted horn a missing horn or a broken horn.
(He will be made to lie there face down.) They will gave him with their horns and
trample him with their hooves. As every batch passes over him, the next will
follow. (This will go on over) the day as long as fifty thousand years until the
reckoning of mankind is over and he looks for his path either to paradise or to hell
next, the sahabah (Prophet's companions) (usd +, asked about the houses. He said,
"The horses are of three kinds. For a man they can be a burden, to another a screen
and to another a reward. He for whom they are a burden is the man who fetters
them to show off and to boast and in animosity to (Muslims) the adherents of Islam.
So they (the horses) are a burden over them. They are a screen for him who ties
them in the path of Allah and does not forget the right of Allah regarding their
backs and necks. Thus they are a screen for him. As for him for whom they are a
reward, he is a man who fetters them in Allah's path, for the adherents of Islam, in a
meadow and field. Whatever they eat that will be recorded for him as good deeds,
as, too the amount of dung and wine (they excrete). If they break their halter and
leap one or two courses. Allah will record the number of their hoof marks (during
that) and the dung (excreted in the course) for him as good deeds. Also, when their
owner takes them near a river and they drink from it, although he had no intention
to take them to drink, Allah will record whatever water they drink for him as good
deeds." The sahabah (Prophet's companions) ,,san +, asked, "O Messenger of Allah,
what about donkeys?" He said, "Nothing has been revealed to me about donkeys
but this one verse which is of wide meaning:
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فَمَنْ يَّعْمَلُ مِثْقَالَ ذَرَّةٍ خَيْرًا يَّرَهُ * وَمَنْ يَّعْمَلُ مِثْقَالَ ذَرَّةٍ شَرًّا يَّرَه
{So who so ever has done an Atom's weight of good, shall see it. And whosoever
has done an atom's weight of evil, shall see it.} (99:78)
(For example, if anyone lends his donkey to someone to go to do something good,
he will earn a reward. If he lands it to do evil, he will commit a sin).
COMMENTARY: The day of resurrection will be as long as fifty thousand years, but this
will be for the infidels. They will think of it to be so long. Other sinner will seem to feel its
length in relation to their sins.
However, the perfect believers will see the entire day to be only as long as is enough entire
day to be only as long as is enough to offer two raka'at salah (prayer)
If the non-payer of zakah (Annual due charity) has no other sin against him then when he has
undergone his punishment, he will go to paradise. It he has more sins or still has to
undergo punishment for non-payment of zakah (Annual due charity), then he will go to hell.
This is what looking for his path implies.
The hadith says that while the other creatures will be subjected to reckoning, and have
gone through it, the non payers of zakah (Annual due charity) will continue to be punished
for their dereliction.
As milking the camels as a right of the camels, the Arabs took them to the river for drinking
ever four of five days. Many people assembled there. So while the camels drank water, the
cameleers milked them and served milk to the throng of people gathering there. While
zakas is the wajid right on them, among rights, the mustahab (desirable) right is give their
milk to the poor. Though it is mustahab (desirable), yet as a gesture of gratitude it is like wajib
(obligatory). That is why it is mentioned with such emphasis. The words of hadith imply
that non-fulfillment of this right will invite punishment.
While taking the horses to the river, the owner may not mean to take them to drink, yet he
gets all that reward. Imagine how much reward he would get if he truly resolves to take
them to quench their thirst. The Prophet's صلى الله عليه وسلم style in enlightening the sahabah
(Prophet's companions) ( à», about horses was different from his earlier teachings. This is
the 'style of the wise while answering.' He told the sahatah (Prophet's companions) more then
what they asked and informed them of the reward and piety of the horse owners. He also
informed them of the other side of the case.
He described horses of three kinds for their owners.
(i)
Horses that lead their masters to sin. They are the ones whose owners keep them
to be ostentatious and arrogant. Other people are deceived into thinking of the
owners as warriors though they are not so. And, they give themselves airs as
though others were inferior to them.
(ii)
Horses that are kept by their owners to be of use in Allah's path. This does not
mean jihad but their good and pious purposes of kindred types, all to be
obedient to Allah. For, the third kind is the horses used in Allah's path (for jihad)
IS ZAKAH (ANNUAL DUE CHARITY) PAYABLE ON HORSES
Imam Abu Hanifah ales, said that zakah (Annual due charity) is wajib (obligatory) on horses
that graze in the desert. The owner has option to pay one dinar as zakah (Annual due charity)
against every horse, or determine their value and pay zakah (Annual due charity) of five
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Imam Shafi'I als, and the two companions Imam Muhammad ales, and Imam Abu
Yusuf alus, said that zakah (Annual due charity) on horses is not wajib (obligatory). They
cite the Prophet's صلى الله عليه وسلم saying " Sadaqah (charity) (zakah (Annual due charity)) it not
incumbent on the Muslims for their horses and slaves." Imam Abu Hanifah als, cites
the saying of the Prophet Muhammad صلى الله عليه وسلم ."Against every horse that grazes in
the desert is one dinar."
As for paying zakah (Annual due charity) on determined value, this is reported from
Sayyiduna Umar رضى الله عنه. As for the hadith cited by Imam Shaf'I رحمه الله and others, Imam
Abu Hanifah ale, said that it is about the horses of the warriors and about slaves who are
kept for service.
(iii)
Horses that their owner sets aside for jihad. The owner will lend them to
other Muslim for riding in jihad.
(١٧٧٤) وَعَنْهُ قَالَ قَالَ رَسُولُ اللَّهِ صَلَّى اللهُ عَلَيْهِ وَسَلَّمَ مَنْ أَتَاهُ اللّهُ مَالَّا فَلَمْ يُؤَدِّ زَ كَاتَهُ مُقِّلَ لَهُ مَالُهُ يَوْمٌ
الْقِيَامَةِ شُجَاعًا اقْرَءَ لَهُ زَّبِيُبَتَانٍ يُطَوَّقُهُ يَوْمَ الْقِيَامَةِ ثُمَّ يَأْخُذُ بِلَهُزِ مَتَيْهِ يَعْنِيْ شِدْ قَيْهِ ثُؤَّ يَقُوْلُ أَنَا مَالُكَ
أَنَّا كَنُكَ ثُمَّ تَلَاوَلَا يَحْسَبَنَّ الَّذِيْنَ يَبْخَلُونَ - الْآيَةُّ(رواه البخارى)
صلى الله عليه وسلم narrated that Allah's Messenger رضى الله عنه Sayyiduna Abu Hurayrah .1774
said, "He whom Allah has given property yet he does not pay the zakah (Annual due
charity) due on it will see his property on the day of resurrection as though a large
bald snake with black spots over its eyes. It will be curled round his neck on the
day of resurrection and it will seize his jaws (or cheeks), saying, "I am your wealth!
I am your treasure!"
The Prophet Muhammad صلى الله عليه وسلم then recited:
وَلَا يَحْسَبَنَّ الَّذِئْنَ يَبْخَلُونَ الاية
{And as for those who are niggardly ...... ] (1) (the verse 3:180)1
COMMENTARY: Baldness of a snake is a sign that it is very poisonous and old. The
Prophet Muhammad صلى الله عليه وسلم recited the verse to show that Allah says the same thing as
is apparent from the entire verse:
وَلَا يَحْسَبَنَّ الَّذِيْنَ يَبْخَلُونَ بِمَا أَّهُمُ اللَّهُ مِنْ فَضْلِهِ هُوَ خَيْرًا لَّهُمْبَلُ هُوَ شَرٌّ لَّهُمْ سَيُطَوَّقُونَ مَا تَخِلُوا بِه
يَوْمَ الْقِيَامَةِ
{And let not those who covetously withhold of the gifts which Allah has given them
of His Grace, think that it is good for them; nay, it will be the worse for them; soon
shall the things which they covetously withheld be tied to their necks like a twisted
collar on the day of resurrection.}
(١٧٧٥) وَعَنْ أَبِ ذَّرٍ أَكَّ النَّبِيِّ صَلَّى اللهُ عَلَيْهِ وَسَلَّمَ قَالَ مَا مِنْ رَجُلٍ يَّكُوْنَ لَّهُ إِبِلْ أَوْبَقَرْ آَوْغَتَوْ لَّا
يُؤَّدِّىْ حَقَّهَا إِلَّ أُقَِ بِهَا يَوْمَ الْقِيَامَةِ أَعْظَمَ مَا تَكُوْجُ وَأَسْمَنَهُ تَطَأُهُ بِأَخْفَافِهَا وَتَنْطَحُهُ بِقُرُوْنِهَا كُلَّمَا
1 Bukhari #1403, Nasa'i # 2484 (or 2481), Muwatta Maalik # 2710-22, Musnad Ahmad 2-355.
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جَازَتْ أُخْرَاهَا رُدَّتْ عَلَيْهِ أَوْلَاهَا حَتَّى يُقْضِى بَيْنَ النَّاسِ (متفق عليه)
صلى reported that from the Prophet Muhammad رضى الله عنه Sayyiduna Abu Dharrr .1775
uyule is that he said, "For every man who has camels or cattle or sheep but does not
pay and due on them (of zakah (Annual due charity)), they will appear to him on the
day of resurrection as large and as plump as can be. They will trample him with
their hooves and gore him with their horns. Every time the last of them finishes
with him, the first of them will appear to him again (all of them returning to
trample him and this will go on) until judgment is pronounced among mankind."1
LET THE COLLECTOR BE PLEASED
(١٧٧٦) وَعَنْ جَرِيْرِ بْنِ عَبْدِ اللَّهِ قَالَ قَالَ رَسُولُ اللَّهِ صَلَّى اللَّهُ عَلَيْهِ وَسَلَّمَ إِذَا آتَاكُمُ الْمُصَدِّقُ فَلْيُهُدُرُ
عَنْكُمْ وَهُوَ عَنْگُهُ رَاضٍ(رواه مسلم)
صلى الله عليه narrated that Allah's Messenger رضى الله عنه Sayyiduna Jarir ibn Abdullah .1776
, said, "When the collector of zakah (Annual due charity) comes to you (from the
ruler and he is called saa'I or aamil), let him return from you after collecting zakah
(Annual due charity) pleased with you."2
COMMENTARY: The collectors should be received with respect and honour. Zakah (Annual
due charity) should be paid to them in full.
PROPHET'S PRAYER FOR THE PAYERS
(١٧٧٧) وَعَنْ عَبْدِ اللَّهِ بْنِ آَبِ أَوْلَى قَالَ كَانَ النَّبِيُّ صَلَّى اللَّهُ عَلَيْهِ وَسَلَّمَ إِذَا آتَاهُ قَوْمٌ بِصَدَقَتِهِمْ قَالَ اَللَّهُوَّ
صَلِّ عَلَى أَلِ قُلَانٍ فَأَتَاهُ أَبٍ بِصَدَقَّتِهِ فَقَالَ اللَّهُمَّ صَلّ عَلَى آلِ آَتِيٍ أَوْقى- مُتَّفَقْ عَلَيْهِ وَفِى رِوَايَةٍ إِذَا آَتَى الَّجُلُ
النَّيِّ صَلَى اللهُ عَلَيْهِ وَسَلَّمَ بِصَدَقَتِهِ قَالَ اللَّهُوَّ صَلٍّ عَلَيْهِ.
1777. Sayyiduna Abdullah ibn Abu Awfa رضى الله عنه narrated that then the people
brought to him their sadaqah (charity) (zakah), the Prophet Muhammad le at.
, prayed (for them), "O Allah, bless (have mercy on) the family of so and so."
He narrated further that his father brought to him his sadaqah (charity), the
Prophet Muhammad صلى الله عليه وسلم prayed, "O Allah, bless (have mercy on) the
family of Abu Awfa."
According to another version: When man brought his sadaqah (charity) to the
Prophet Muhammad صلى الله عليه وسلم, he prayed, "O Allah have mercy on him."3
COMMENTARY: It is not proper to pay for anyone with the word (al.) (salah (prayer),
(صلوة) that the word عليه السلام bless) exclusively. It is only the prerogative of the Prophet's
(salah (prayer)) is used for them. However, we can use this word for any person if he is
.عليه السلام named with the Prophet
As for the Prophet Muhammad صلى الله عليه وسلم , he used the word (صلوة) (salah (prayer)) for those
1 Bukhari # 1460, Muslim # 30.990, Nasa'i # 2456, Ibn Majah # 1785, Musnad Ahmad 3-321.
2 Muslim # 29-989, Tirmidhi # 647, Ibn Majah # 1802, Darimi # 1670, Musnad Ahmad 4-365.
3 Bukhari # 1497, Muslim # 176.1078, Abu Dawud # 1590, Nasa'i # 2459, Ibn Majah # 1796, Musnad
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who brought the zakah (Annual due charity) to mean 'have mercy' and this is seen as
exclusively a prayer of the Prophet Muhammad صلى الله عليه وسلم. No one else is allowed to use
these words.
(Salah (prayer) is used for the regular 'prescribed prayer' as well as for 'supplication' and to
صلى اللهعليه وسلم (mean 'mercy' and 'bless' as an invocation of blessing on the Prophet
(١٧٧٨) وَعَنْ أَبيْ هُرَيْرَةً قَالَ بَعَثَ رَسُولُ اللَّهِ صَلَّى اللَّهُ عَلَيْهِ وَسَلَّمَ عُمَّرَ عَلَى الشَّدَقَّةِ فَقِيْلَ مَنَّعَ ابْنُ جَمِيْلٍ
وَخَالِدُ بْنُّ الْوَلِيْدِ وَالْعَبَّاسُ فَقَالَ رَسُولُ اللهِ صَلَّى اللَّهُ عَلَيْهِ وَسَلَّمَ مَا يَنْقِعُ ابْنُ جِمِيْلٍ إِلَّ أَنَّهُ كَانَ فَقِيْرًا
فَأَغْنَاهُ اللهُ وَرَسُوْلُهُ وَأَمَّا خَالِدْ فَإِنَّكُمْ تَظْلِهُوْنَ خَالِدًا قَدِ احْتَبَسَ أَدْرَاعَةُ وَأَعْتُدَهُ فِ سَبِيْلِ اللَّهِ وَآَمَّا
الْعَبَّاسُ فَهِىَّ عَلَىَّ وَمِثْلُهَا مَعَهَا ثُؤَّ قَالَ يَاعُمَرُ أَمَا شَعَرُتَ آَّ عَمَّ الرَّجُلِ صِنُوُاَبِهِ(متفق عليه)
صلى الله عليه وسلم narrated that Allah's Messenger رضى الله عنه Sayyiduna Abu Hurayrah .1778
appointed (Sayyiduna) Umar we à +, to collect the zakah (Annual due charity). It
رضى الله عنه and Abbas رضى الله عنه Khalid ibn Walid ,رضى الله عنه was said that Ibn Jamil
refused (to pay zakah (Annual due charity)). Allah's Messenger صلى الله عليه وسلم said,
"Ibn Jamil does not comply because he had been poor and Allah and his
Messenger enriched him. As for Khalid, you do wrong him, for , he has retained
his coats of mail and weapons to use in Allah's path (and he is not liable to pay
any zakah (Annual due charity) but you regard his property as trade merchandise.
This is incorrect). As for Abbas, that is on me and as much more with it (not only
now but in future too)." He also said, "O Umar, do you not realize that a man's
paternal uncle is like his father (so you people should consider him to be like my
father and respect him and not cause him grief)."1
COMMENTARY: Ibn Jamil wal+, was a hypocrite, but he turned over a new leaf as a good
Muslim. He was very poor and destitute and requested the Prophet Muhammad ,le ino
. "Pray for me to be enriched. I shall show gratitude for Allah's blessings." The Prophet
Muhammad صلى الله عليه وسلم prayed for him and he became wealthy, but he showed ingratitude
to the extent that he refused to pay zakah (Annual due charity) too. This is why the Prophet
Muhammad صلى الله عليه وسلم rebuked him as we see in the hadith.
The Prophet Muhammad صلى الله عليه وسلم about that Allah and His Messenger صلى الله عليه وسلم enriched
him. He included his own name because he had prayed to Allah to improve his condition.
-صلى الله عليه وسلم was the respected uncle of the Prophet Muhammad رضى الله عنه Sayyiduna Abbas
The Prophet Muhammad صلى الله عليه وسلم undertook to pay his zakah (Annual due charity) for the
year and for the year following because he had paid him zakah (Annual due charity) of two
years in advance.
COLLECTOR SHOULD ACCEPT NO GIFTS.
(١٧٧٩) وَعَنْ آَبِيْ حُمَيْدِنِ السَّاعِدِيِّ قَالَ اسْتَعْمَلَ النَّبِىُّ صَلَّى اللهُ عَلَيْهِ وَسَلَّمَ رَجُلًا مِنَّ الْأَزْدِ يُقَالُ لَهُ ابنُ
اللُّتُِّيَّةِ عَلَى الشَّدَقَّةِ فَلَنَّا قَدِمَ قَالَ هُذَا لَكُمْ وَهذَا أُهْدِىٌّ لِىٌّ فَخَطَبَ الذَّبِىُّ صَلَّى اللَّهُ عَلَيْهِ وَسَلَّمَ فَحَمِدَ اللّهُ
1 Bukhari # 1468, Muslam # 11-983, Abu Dawud # 1623, Nasa'i # 2464, Musnad Ahmed 2-322.
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وَأَكْنِى عَلَيْهِ ثُمَّ قَالَ آَمَّا بَعْدُ فَإِِّ اسْتَعْمِلُ رِجَالًا مِنْكُمُ عَلى أُمُوْرٍ قِمَّا وَلَّا فِ اللَّهُ فَيَأْنِ أَحَدُهُمْ فَيَقُوْلُ هَذَا
لَكُمْ وَهذِهٍ هَدِيَّةٌ أُهْدِيَتْ لِيْ فَهَلَّا جَلَسَ فِى بَيْتِ آَبِهِ أَوْبَيْتِ أُمِّهِ فَيَنْظُرَ أَيْهُدَى لَّهُ أَهْ لَا وَالَّذِى نَفْسِى بِيَدِهِ
لَا يَأخُذُّ أَحَدْ مِنْهُ شَيْئًا إِلَّ جَاءَ بِهِ يَوْمَ الْقِيَامَةِ يَحْمِلُهُ عَلَى رَقَّبَتِهِ إِنْ كَانَ بَعِيْرًا لَّه ◌ُ غَاءُ اَوْ بَقََّّاللَّهِ خُوَّارٌ أَوْ
شَاءٌ يَتْعَرُ ثُؤَّ رَفَ يَدَيْهِ حَتَّى رَأَيْنَا مُفْرَةَ إِبْطَيْهِ ثُمَّ قَالَ اللَّهُوَّ هَلْ بَلَّغُتُ اللَّهُزَّ هَلْ بَلَّغْتُ - مُتَّفَقْ عَلَيْهِ قَالَ
الْخُطَائٍِ وَفِيْ قَوْلِهِ هَلََّ جَلَسَ فِى بَيْتِ أُمِّهِ أَوْ اَيْهِ فَيَنْظُرَ أَيُّهُدَى إِلَيْهِ أَمْ لَا دَلِيْ عَلَى آَّ كُلَّ أَمْرٍ يُتَدَزَّءُ بِهِ إِلى
مَحْتُلُوْرٍ فَهُوَ مَحْتُلُوُرْ وَكُلُّ دَخِيْلٍ فِي الْعُقُوْدِ يُنْظُرُ هَلْ يَكُوُنُ حُكْمُهُ عِنْدَ الْإِنْفِرَاءِ كَحُكُمِهِ عِنْدَ
الْإِقْتِرَانِ أَمْ لَا هُكَذَا فِعْ شَرُحِ السُّنَّة۔
1779. Sayyiduna Abu Humaydi as Sa'idi wan+, narrated that Allah's Messenger
the à appointed a man of Azd, Ibn al-Lutbiyah, to collect zakah (Annual due
charity), when he came back, he said, "This belogs to you and this was presented to
me." On that, the Prophet Muhammad صلى الله عليه وسلم delivered a sermon in which he
praised and glorified Allah and said, "To proceed, I appoint some of your men over
certain affairs that Allah has charged me with. Now, one of them returns to say,
"This belongs to you and this was presented to me.' Let him sit in the house of his
father or mother and wait whether it is presented to him or not. By Him in whose
hand is my soul, if anyone takes from it, he will bring it surely on the day of
resurrection carrying it on his neck, a rumbling camel, a bellowing ox or a bleating
sheep." Then he raised his arms till they could see the whiteness under his armpits
and said, "O Allah, I have conveyed your Message! I have conveyed your Message!"
Khattabi رحمه الله said that the Prophet's صلى الله عليه وسلم saying "Let him sit in the house
of his father or mother and wait whether it is presented to him or not is evidence
what whatever is taken as means to do the forbidden is taken as means to do the
forbidden is in itself forbidden. Also, if an agreement is made against another, it
should be examined whether there are diverse commands for them that are
similar to their common command if they are combined. If so, then it is correct,
otherwise it is not correct.1
COMMENTARY: The man is not given gifts for anything good in himself but because of
the office he holds. If he was not a collector of zakah (Annual due charity) then he would not
receive any gift.
A gift will be proper for an office holder if that has been a regular presentation even
without the office.
Ibn Maalik ales), however, said that an officer or a ruler must never a accept a gift because
it is always presented with an ulterior motive. So, it is not allowed absolutely.
Khattabi ala-, derives two deductions from this hadith. If something permissible is used to
acquired what is forbidden then the thing that is otherwise permitted will also became
forbidden. For example, lending money is a permissible thing but if any one lends it to
1 Bukhari # 2597, Muslim # 26.1832, Abu Dawud # 2946, Musnad Ahmad 5-423, Khattabi's portion:
Shurh us sunnah.

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acquire interest which is forbidden then giving a loan too is forbidden.
His second deduction is that if two different affairs are put together and they are permitted
individually then they will continue to be permitted together too. But if they are disallowed
separately then they will continue to be disallowed together too. For instance, someone
sells something worth rupees ten for one hundred rupees to another person to lend rupees
one thousand and acquire the profit (interest) on the loan in the shape of the price of this
thing. In this case, the lender earns rupees ninety as his profit (interest). This dealing is not
allowed because if he sold worth is Rs. 10/- for Rs.100/-, the buyer would never have
bought it were it not for the loan available to him.
Where two things are permissible when each is distinct from the other then they will be
correct when they are taken together. For example, in this case if that which is worth
rupees ten is sold for rupees ten, and the loan of rupees one thousand is given too, since
they are allowed as separate transactions, they would be correct even if undertaken
together, of the two deductions of Khattabi amo>, the first is accepted unanimously by all.
All the imams agree that the means and resources are of the same nature as aims, so the
means to piety will also be pious and the means to evil will be evil.
However, the second deduction is debatable. Imam Maalik ale, and Imam Ahmad ales,
hold that it is acceptable because they regard every ploy whereby prohibition of interest,
etc. is circumvented as forbidden. But, Imam Abu Hanifah al des, and Imam Shafi'I al das,
disagree with the second deduction of Khattabi an , because they hold that a ploy is
permissible. However, though Imam Abu Hanifah al dos, does not accept the second
deduction, yet he agrees with Khattabi al , that the example that he has cited is
disallowed according to another deduction. Moreover, Imam Abu Hanifah aves, holds (not
all but) some kinds of ploys as permissible.
COLLECTOR SHOULD NOT ACT TREACHEROUSLY
(١٧٨٠) وَعَنْ عَدِيٍّ بُنِ عُمَيْرَةً قَالَ قَالَ رَسُولُ اللهِ صَلَّى اللهُ عَلَيْهِ وَسَلَّمَ مَنِ اسْتَّعْمَلْنَاهُ مِنْكُمُ عَلَى عَمَلٍ
فَكَتَمُنَا مِخْيُّظًا فَمَا فَوْقَّهُ كَانَ غُلُوُلَّا يَّانِ بِهِ يَوْمَ الْقِيَامَةِ(رواه مسلم)
صلى الله عليه وسلم narrated that Allah's Messenger رضى الله عنه Sayyiduna Adi ibn Amirah .1780
said, "He among you whom we appoint to discharge something conceals from us a
needle or what is lesser or more than that, acts treacherously. He will bring it on the
day of resurrection (disgraced.)1
SECTION II
الفَصلُ الثَّانِئ
QURAN'S WARNING TO DENIERS OF ZAKAH (ANNUAL DUE CHARITY)
(١٧٨١) عَنِ ابْنِ عَبَّاسٍ قَالَ لَّمَّا نَزَلَتْ هذِهِ الْآيَةُ وَالَّذِيْنَ يَكْنِزُوْنَ الذَّهَبَ وَالْفِضَّةَ كَبُرَ ذَلِكَ عَلَى
الْمُسْلِمِيْنَّ فَقَالَ عُمَّرُ أَنَا أُفَرُِّ عَنْكُمْ فَانْطَلَقَ فَقَالَ يَانَبِنَّ اللَّهِ إِنَّهِ كَبُرَ عَلَى أَصْحَابِكَ هَذِهِ الْآيَةُّ فَقَالَ إِّ
اللّهُ لَمْ يُفْرِضِ الزَّكَاةَ إِلَّ لِيُطَيِّبَ مَا بَقِيَ مِنْ أَهْوَ الِكُمُ وَ إِنَّمَا فَرَضَ الْمَوَارِيْثَ وَذَكَّرَ كَلِمَةً لِّتَكُوَُ لِمَنْ
1 Muslim # 30.1833, Abu Dawud # 2943, Musnad Ahmad 4-192.

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بَعْدَ كُمْ فَقَالَ فَكَبَّرَ عُمَرُ ثُؤَّ قَالَ لَهْ أَلَّا أُخْبِرُكَ بِخَيْرٍ تَمَا يَكُنِزُ الْمَرُءُ الْمَرْأَّةُ الصَّالِحَةُ إِذَا نَظَرَ إِلَيْهَا سَرَّتُهُ وَإِذَا
أَمَرَهَا أَطَاعَتُهُ وَإِذَا غَابَ عَنْهَا حَفِظَتُهُ(رواه ابوداؤد)
1781. Sayyiduna Ibn Abbas «så+, narrated that when this verse revealed;
وَالَّذِيْنَ يَكُنِزُوْنَ الذَّهَبَ وَالْفِقَّةَ
(And those who hoard up gold and silver .... ] (9:34),
it proved very hard for the Muslims. Sayyiduna Umar we M +, assured them that he
would remover their anxiety. So, he went and said, "O Prophet of Allah, this verse
proves hard on your sahabah (Prophet's companions)." He said, "Allah has not
made zakah (Annual due charity) fard (compulsory) but only that it would purity
your remaining properties. And He has made inheritances, fard (compulsory)." (and
Ibn Abbas usa+, did not catch) a word he mentioned, "that they might go to those
who survive you." Ibn Abbas رضى الله عنه narrated further that Umar رضى الله عنه (was
pleased at t he removal of the anxiety and) extolled Allah, "Allahu Akbar." Then,
Allah Messenger صلى الله عليه وسلم asked him. "Shall I not inform you of the best thing a
man keeps? It is a pious wife who pleases him when he casts a look at her, obeys
him when he commands her (to do something) and preserves his children (and
property for him) when he is away."1
COMMENTARY: The complete verse of the Quran (of surah al-Tawbah, 34) is:
وَالَّذِيْنَ يَكُنِزُوْنَ الذَّهَبَ وَالْفِضَّةَ وَلَا يُنْفِقُوْ نَا فِى سَبِيْلِ اللَّهِ فَبَشْرُ هُمُ بِعَذَابٍ أَلِيمٍ
{And those who hoard up gold and silver and expend it not in the way of Allah - so
give them the tidings of a painful chastisement}
Those people whom Allah has given wealth but they do not pay zakah (Annual due charity) and
spend not where Allah has commanded them to spend would be punished. Their property
would be heated and with it they would be cauterized with that (see hadith # 1773, 1774).
The sahabah (Prophet's companions) (as an >, presumed that t his verse condemned storing
wealth in any sort of way whatsoever and were deeply upset at their fate. So, on Umar's
enlightened them that the purpose of صلى الله عليه وسلم asking, the Prophet Muhammad رضى الله عنه
zakalı (Annual due charity) was exactly to purify the rest of the wealth which they could
store with them. The warning in the verse applies to hoarding without paying zakah
(Annual due charity).
In the course of the narration, Ibn Abbas as an >, could not recollect an expression the
Prophet Muhammad صلى الله عليه وسلم had spoken. So, he interrupted his narration and said,
"And he mentioned a word."
Then, the Prophet Muhammad صلى الله عليه وسلم turned to inheritances as passing on to heirs.
Thus, he indicated that if it was disallowed absolutely to collect wealth then neither would
zakah (Annual due charity) be fard (compulsory) not inheritance be obligatory. It is not wrong
to collect wealth in legal ways. But, it is necessary that what is due on the wealth must be
given (like zakah (Annual due charity) and charity).
Thereafter, the Prophet Muhammad صلى الله عليه وسلم drew the attention of his sahabah (Prophet's
1 Abu Dawud # 1664.
..