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companions) (usd +, to something better than wealth at any time, a woman. He described
an ideal wife. Money cannot last for ever. It has to be spent to get one's needs. A wife, on
the other hand, is a life partner and a means of solace. She begets children for her husband
who gains strength from them and in them he survives down generations. They keep the
family name alive.
Moreover, a wife preserves her husband from many evils and sins. According to a marfu
hadith, "The man who married fortifies two thirds of his religion."
KEEP THE COLLECTORS HAPPY
(١٧٨٢) وَعَنْ جَابِرِ بُنِ عَتِيْتٍ قَالَ قَالَ تَسُولُ اللَّهِ صَلَّى اللَّهُ عَلَيْهِ وَسَلَّمَ سَيَأْتِنْكُمُ رُكَيْبُ مُبَخَضُوْتٌ
فَإِْ جَاءُ وْكُمْ فَرَحِبُوْا بِهِمْ وَخَلُّوا بَيْتَهُمْ وَ بَيْنَّ مَا يَبْتَغُونَ فَإِنْ عَدَلُوا فَلِأَنْفُسِهِمْ وَإِنْ ظَلَمُوْا
فَعَلَيْهِمْ وَأَرْضُوُهُمْ فَإِّ تَمَامَزَكَاتِكُمْ رِضَاهُمْ وَلِدُعُوْا لَكُمُ(رواه ابوداؤد)
صلى الله عليه وسلم narrated that Allah's Messenger رضى الله عنه Sayyiduna Jabir ibn Atik .1782
said, "To you will come some un welcome riders (the zakah (Annual due charity)
collectors whom people naturally dislike because they have a demand on their
wealth). So, when they came to you welcome them. Do not hinder them from what
they demand. If they are just (in collecting zakah (Annual due charity)), they will do
it to their own good but if they are unjust then they will invite punishment. (or
your part,) please them. Full payment of zakah (Annual due charity) by you will
earn their pleasure. They must pray for you."1
COMMENTARY: The payer is advised that even if he fears that the collector wrongs him
he must do what he can to please him. This is because generally a payer always has a
wrong idea of the collector. He must make a full payment of zakah (Annual due charity) and
not conceal anything.
With the payment of zakah (Annual due charity), the obligation is discharged, yet to please
the collector is an essential element of the payment.
It is mutahab for the collector to pray for mercy and blessing on the payer.
(١٧٨٣) عَنُ جَرِيْرٍ بُنِ عَبْدِ اللَّهِ قَالَ جَآء نَاسْ يَسْنِى مِنَ الْأَعْرَابِ إِلَى رَسُولِ اللَّهِ صَلَّى اللهُ عَلَيْهِ وَسَلَّمَ فَقَالُوْا
إِّ نَامًا مِنَّ الْمُصَدِّقِينَ يَأْتُوُنَّا فَيَظْلِمُوْنَّا فَقَالَ أَرْضُوْا مُصَدِّقِيْكُمْ قَالُوا يَا رَسُوْلَ اللَّهِ وَإِنْ ظَلَهُوْنَا قَالَ
أَرْضُوْا مُصَدِّقِْكُمُ وَإِنْ ظُلِمْتُمُ (رواه ابوداؤد)
1783. Sayyiduna Jabir ibn Abdullah usd+, narrated that some people, meaning the
desert Arabs, came to Allah's Messenger صلى الله عليه وسلم and complained that collectors
of zakah (Annual due charity) came to them and harassed them. He said that they
should please the collectors of zakah (Annual due charity) and they asked even if
they acted unjustly. He said, "Please the collectors of sadaqah (charity) (zakah
(Annual due charity)) even if you are wronged."2
COMMENTARY: It is a psychological fact that when a person has to make a payment, he
feels bad about at to some extent. So, the payers of zakah (Annual due charity) regarded the
1 Abu Dawud # 1588.
2 Muslim # 29.989, Abu Dawud # 1589, Nasa'i # 2460, Musnad Ahmad 4.162.

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collectors as unjust. That is why the Prophet Muhammad صلى الله عليه وسلم advised the desert
Arabs to please the collectors, nevertheless.
CONCEALING OR WITHHOLDING SOMETHING
(١٧٨٤) وَعَنْ بَشِيْرٍ بُنِ الْخُصَاصِيَّةِ قَالَ قُلْنَا إِّ أَهْلَ القَّدَقَّةِ يَعْتَدُوْنَ عَلَيْنَا أَفَتَكْتُمُ فِنْ أَهْوَالِنَّا بِقَدْرِ مَا
يَهْتَدُوَ قَالَ لَا- (رواه ابوداؤد)
1784. Sayyiduna Bashir ibn al Khasasiyah narrated that the collectors of sadaqah
(charity) committed excess on them (and collected more than the payable zakah
(Annual due charity)). So, could they conceal so much of their properties as they
exceeded in collecting? But he (the Prophet) صلى الله عليه وسلم said, "No."1
COMMENTARY: Those people wrongly imagined that the collectors of zakah (Annual due
charity) wronged them but that was not so.
THE COLLECTOR'S REWARD
(١٧٨٥) وَعَنْ رَافِعِ بْنِ خَدِيْجٍ قَالَ قَالَ رَسُولُ اللهِ صَلَّى اللَّهُ عَلَيْهِ وَسَلَّمَ اَلْعَامِلُ عَلَى الشَّدَقَةِ بِالْحُقِّ كَالْغَازِئُ
فى سبيلِ اللهِ حَتى يَرْجة إلى بيته(رواهابوداود والترمذى)
صلى الله عليه وسلم narrated that Allah's Messenger رضى اللهعنه Sayyiduna Rafi' ibn Khadij .1785
said, "The collector of zakah (Annual due charity) who collects zakah (Annual due
charity) equitably is like a ghazi (warrior) in Allah's path till he returns home."2
A GUIDELINE .
(١٧٨٦) عَنْ عَمْرِو بْنِ شُعَيْبٍ عَنْ أَبِيْهِ عَنْ جَدِّم ◌َنِ النَّبِيِّ صَلَّى اللَّهُ عَلَيْهِ وَسَلَّمَ قَالَ لَا جَلَبَ وَلَا جَنَبَ وَلَا
تُؤْخَذُ صَدَقَاتُمُمْ إِلَّافىدُورِ هِمْ(رواه ابوداود)
1786. Sayyiduna Amr ibn Shu'ayb &t , reported from his father from his
grandfather that the Prophet Muhammad صلى الله عليه وسلم said, 'The collector of zakah
(Annual due charity) must not ask for the animals to be brought to him, nor must
the owner take his animals far away. Their sadaqah (charity) (zakah (Annual due
charity)) must be collected in their homes."3
COMMENTARY: Neither must put the other to inconvenience by having him to travel to a
long distance. The collector must come to the neighborhood and visit the houses one by
one to collect their dues.
THE EARNED PROPERTY
(١٧٨٧) وَعَنِ ابْنِ عُمَرَ قَالَ قَالَ رَسُولُ اللهِ صَلَّى اللَّهُ عَلَيْهِ وَسَلَّمَ مَنِ اسْتَفَادَ مَالَّا فَلَا زَكِوَةً فِيْهِ حَتَّى يَخُوْلَ
عَلَيْهِ الْخُوْلُ - رَوَاهُ التِّرْمِذِىُّ وَذَكَّرَ جَمَاعَةٌ أَنَّهُمْ وَقَفُوْهُ عَلَى ابْنِ عُمَّرَ-
1787. Sayyiduna Ibn Umar رضى الله عنه narrated that Allah's Messenger صلى الله عليه وسلم said,
"He who gains some property is not required to pay zakah (Annual due charity) on
1 Abu Dawud # 1586.
2 Tirmidhi # 645, Abu Dawud # 2936, Ibn Majah # 1809, Musnad Ahmad 4-143.
3 Abu Dawud # 1591, Musnad Ahmad 2-215.
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it till a year passes (with it in his hands)."1
Tirmidhi stated that a section of scholars said that the hadith is mawquf at Ibn
Umar رضى الله عنه (This property is called mustafad).
COMMENTARY: Someone has eighty sheep but he has not had them for a full year. Again,
he received forty one more sheep adding up his stock to one hundred and twenty one. The
forty one acquired during the year are mustafad. Thus, it is defined as identical property
received during the year.
Ibn Maalik ales, said that if a payer of zakah (Annual due charity) acquired more property of
the same kind as he holds during the year, then zakah (Annual due charity) on the additional
property will not be payable till he has had it for one complete year - when zakah (Annual
due charity) will be wajib (obligatory).
Imam Shafi'I antes, holds the same opinion.
However, Imam Abu Hanifah holds that it is enough that a year should pass with the
property already in a person's hand. As for every subsequently acquired property, whether
a year posses holding it or not, zakah (Annual due charity) is wajib (obligatory) on the total
assets (at the end of the year period) of the original property).
While Imam Ahamd altes, holds the same opinion as Imam Shafi'I altas, Imam Maalik am,
agrees with Imam Abu Hanifah at , agrees with Imam Abu Hanifah al ue, that the
subsequently acquired property will be governed with the original property.
As for the meaning of the hadith, the Hanafi Ulama (Scholars) atu, say that it does not
mean what Imam Shafi'I alos, interprets. Rather, it means that when a person receives
property for the first time, zakah (Annual due charity) will be wajib (obligatory) on him only
when he has held the property for one year. The hadith does not refer to mustafad or
freshly acquired wealth.
ZAKAH (ANNUAL DUE CHARITY) BEFORE YEAR IS OUT
(١٧٨٨) وَعَنُ عَلِيٍّ أَكَّ الْعَبَّاسَ سَأَّلَ رَسُولَ اللهِ صَلَّى اللّهُ عَلَيْهِ وَسَلَّمَ فِي تَعْجِيْلِ صَدَقَةٍ قَبْلَ آَنْ تَحِلَّ
فَرَنَّصَلَەفىذلك۔(رواهابوداود والترمذى وابن ماجة والدارمى)
1788. Sayyiduna Ali رضى الله عنه narrated that (Sayyiduna) Abbas رضى الله عنه asked Allah's
Messenger , Ale à o about paying his sadaqah (charity) (zakah (Annual due
charity)) before the end of the year. He grave his permission to him to do that 2
ZAKAH (ANNUAL DUE CHARITY) ON WEALTH OF A MINOR
(١٧٨٩) وَعَنْ عَمْرِو بْنِ شُعَيْبٍ عَنْ آَيْهِ عَنْ جَدِّهِ آَتَّ النَِّّ صَلَّى اللهُ عَلَيْهِ وَسَلَّمَ خَطَبَ النَّاسَ فَقَالَ أَلَامَنُ
وَلِّ يَتِيْمَّالَّهِ فَلْيَتَّجِرُ فِيْهِ وَلَا يَتُرُكُهُ حَتَّى تَأْكُلَهُ الصَّدَقَّةُ - رَوَاهُ التِّرْمِذِىُّ وَقَالَ فِيْ إِسْنَادِهِ مَقَالْ لِأَتَّ الْمُتَّتَّى
ابْنَ الصَّبَّاحِ ضَعِيفٌ
1789. Sayyiduna Amr ibn Shu'ayb & , narrated that from his father from his
grandfather (Abdullah) رضى الله عنه that the Prophet Muhammad صلى الله عليه وسلم addressed
1 Tirmidhi # 632.
2 Tirmidhi # 641.

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the people and said Beware O guardian of an orphan who possesses property! He
must invest it in trading and not leave it (unused) so that the (yearly) zakah (Annual
due charity) devours it."
Tirmidhi said that the sub narrator al-Muthanna ibn as-Sabbah was weak so the
line of transmission is questioned.
COMMENTARY: Imam Shafi'T رحمه الله, Imam Maalik رحمه الله are Imam Ahmad رحمه الله contend
that zakah (Annual due charity) is fard (compulsory) on the wealth of a minor too. Imam Abu
Hanifah ales, said that zakah (Annual due charity) is not fard (compulsory) on the wealth of a
minor whether he is an orphan or not because according another hadith, the Prophet
Muhammad صلى الله عليه وسلم said, "Three people are not made responsible. One who sleeps till
he is asleep. One who is a minor till he attains adulthood. And, one who is insane till he
regains sanity." This hadith is transmitted by Abu Dawud, Nasai'I and Haakim. And,
Haakim has classified it as Sahih.
SECTION III
اَلْفَضْلُ الثَّالِثُ
ABU BAKAR'S رضى الله عنه STEP AGAINST REJECTERS OF ZAKAH
(١٧٩٠) عَنُ آَبِي هُرَيْرَةَ قَالَ لَمَّا تُؤُنِى النَّبِىُّ صَلَّى اللهُ عَلَيْهِ وَسَلَّمَ وَاسْتُخْلِفَ أَبُوْ بَكْرٍ بَعْدَهُ وَكَفَرَ مَنْ كَفَرَ مِنَّ
الْعَرَبِ قَالَ عُمَرُ بْنُّ الْخُطَابٍ لِآَنِي بَكْرٍ كَيْفَ تُقَاتِلُ النَّاسَ وَقَدْ قَالَ رَسُولُ اللّهِ صَلَّى اللَّهُ عَلَيْهِ وَسَلَّمَ أُمِرْتُ
أَكْ أُقَاتِلَ النَّاسَ حَتَّى يَقُوْلُوا لَآإِلهَ إِلَّ اللّهُ فَمَنُ قَالَ لَا إِلهَ إِلَّ اللّهُ عَضَمَ مِنِى مَالَهُ وَنَفْسَهُ إِلَّ بِحَقِّه
وَحِسَابُهُ عَلَى اللّهِ فَقَالَ أَبُوْ بَكْرٍ وَ اللَّهِ لَّأُقَاتِلَنَّ مَنْ فَتَّقَ بَيْنَّ الصَّلْوَةِ وَالزَّكَاةِ فَإِكَّ الزَّكَاةَ حَقُّ الْمَالِ وَاللّهِ
لَوْ مَنَّعُونِيْ عَنَاقًا كَانُوا يُؤَّذُوُنَّهَاْ إِى رَسُولِ اللَّهِ صَلَّى اللهُ عَلَيْهِ وَسَلَّمَ لَقَاتَلْتُهُمُ عَلى مَنْعِهَا قَالَ عُمَرُ فَوَ اللَّهِ
مَاهُوَ إِلَّا رَأَيْتُ آثَّ اللّهُ شَرَعَ صَدْرَ أَبيْ بَكْرٍ لِّلْقِتَالِ فَعَرَفْتُ أَنَّهُ الْحُقُّ(متفق عليه)
1790. Sayyiduna Abu Hurayrah رضى الله عنه narrated that that when the Prophet
Muhammad صلى الله عليه وسلم died and (Sayyiduna) Abu Bakr رضى الله عنه was made his
Khalifah (Caliph) (caliph), some Arabs turned to disbelief (by refusing to pay
zkah and Abu Bakr as an », resolved to wage war against them). So, (Sayyiduna)
Umar ibn al-Khattab رضى الله عنه asked Abu Bakr رضى الله عنه, "How will you fight with the
people while Allah's Messenger صلى الله عليه وسلم had said, 'I have been commanded to
fight with the people till they affirm that there is no God but Allah, so whosoever
affirms that there is no God but Allah, has protected his property and his self
from me except for what is due from him and his reckoning is upon Allah." Abu
Bakr us & +, said, 'By Allah, I shall certainly fight with those who differentiate
between salah (prayer) and zakah (Annual due charity), for, (just as salah (prayer)
is a due on the person so) zakah (Annual due charity) is a due on property. By
Allah, if they refuse to give me a kid that they used to give to Allah's Messenger
رضى الله I shall certainly fight with them because of their refusal." Umar ,صلى الله عليه وسلم

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w commented, "By Allah, it is not but that Allah has opened the heart of Abu
Bakr رضى الله عنه to fight. So, I know that it is the truth."1
رضى الله عنه death, Sayyiduna Abu Bakr صلى الله عليه وسلم COMMENTARY: After the Prophet's
became the first Khalifah (Caliph). Some mischief surfaced. The trials and mischiefs include
the fitnah of apostasy. He put it down with daring and sound judgement.
The hadith mentions another fitnah. Some tribes of the Arabs like the Ghatafan, Banu
Sulaym and others, refused to pay zakah (Annual due charity), an important and a basic
obligation of Islam. If anyone neglects a fard (compulsory), that is one thing, but if he rejects
it altogether that has a deeper meaning. Hence, the word (,is) (they became disbelievers) is
used in its real sense because they rejected zakah (Annual due charity) whose obligatory
nature is absolute and undeniable. Or, they are called (Kafara) (*) (denied) because they
refused to pay zakah (Annual due charity). So, their severe crime is looked down upon as
disbelief through utter anger and extreme strictness.
However, it is seen, the crime was very serious. Abu Bakr us ant +, decided to wage war
against them. Umar us à +) tried to dissuade him at first, but then understood the
reasoning of Abu Bakr ucan +, and agreed with him.
Some versions say that other Sahabah (Prophet's companions) usd+), and even Sayyiduna Ali
They advised him to defer his action lest in the.رضى الله عنه tried to dissuade Abu Bakr رضى الله عنه
early stages after the Prophet's صلى الله عليه وسلم death, an uprising might damage Islam.
However, Abu Bakr us as , was unyielding and was prepared to go ahead all alone. This
shows how daring and resolute he was.
The Prophet's julean do saying about one who has declared that there is no God but Allah
means the complete kalimah tawhid, "There is no God but Allah and Muhammad is
Allah's Messenger." To embrace Islam, both declarations should be made of Allah's unity
and Prophet Muhammad's صلى الله عليه وسلم messenger ship.
The person who recites the Kalimah tawhid is protected, save for what is due from him.
This means diyat or blood money, retaliation or qisas and so on, for which things he will
have to pay or be killed according to the crime.
This person's reality is known only to Allah. If he only makes an outward show of Islam
and does not believe inwardly than Allah will reckon with him.
Sayyiduna Abu Bakr usan +, said about a kid against zakah (Annual due charity) only by way
of example, for neither is a year old kid received against zakah (Annual due charity) nor is
zakah (Annual due charity) wajib (obligatory) on such kids. It has been stated previously what
is paid in zakah (Annual due charity) from sheep and other animals.
Sayyiduna Abu Bakr can +, said that he would fight with them. This is explained in the
same way as their disbelief is explained in the foregoing lines. If they reject the obligatory
nature of zakah (Annual due charity) then he would fight with them for their disbelief and
apostasy. If they do not reject it but will not pay it then he would fight with them to protect
the symbols of Islam and to eliminate the mischief.2
1 Bukhari # 1399, Muslim # 32-20, Abu Dawud # 1556, Nasa'i 3091 Musnad Ahmad 1-19.
2 For more information on rejecters, of zakah (Annual due charity) see Ibn Kathir's. "The lives of the
Noble Caliphs' (English translation) pp 30f, Darul Isha'at, Karachi (part of al-Bidayah wa an Nihayah!
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TREASURE ON WHICH ZAKAH (ANNUAL DUE CHARITY) IS NOT PAID
(١٧٩١) وَعَنْهُ قَالَ قَالَ رَسُولُ اللَّهِ صَلَّى اللّهُ عَلَيْهِ وَسَلَّمَ يَكُؤُكُ كَثُ أَحَدِكُمْ يَوْمَ الْقِيَامَةِ شُجَاءًا أَقْرَءَ يَفِرُّ
مِنْهُ صَاحِبُهُ وَ يَطْلُبُهُ حَتَّى يُلْقِمَهُ أَصَابِعَهُ(رواه احمد)
صلى الله عليه وسلم narrated that Allah's Messenger رضى الله عنه Sayyiduna Abu Hurayrah .1791
said, "On the day of resurrection, the treasure of any of you will be a huge bald
snake. He will flee from it but it will chase him till he offers it his fingers to eat."
Or, "The snake will make a morsel of his fingers."1
COMMENTARY: The treasure is the wealth on which zakah (Annual due charity) is not paid.
It is also the wealth that is acquired unlawfully.
The last sentence of the hadith accepts two meanings. The first is when the person tries to
save himself and puts forward his fingers. But, the second meaning is more correct that the
snake itself devours his fingers.
(١٧٩٢) وَعَنِ ابْنِ مَسْعُوْدٍ عَنِ النَّبِيِّ صَلَّى اللَّهُ عَلَيْهِ وَسَلَّمَ قَالَ مَا مِنْ رَّجُلٍ لَّا يُؤَدِّىُ زَّكَاةَ مَالِهِ إِلَّ جَعَلَ اللّهُ
يَوْمِّ الْقِيَامَةِ فِيْ عُنُقِهِ شُجَاءًا تُؤَّ قَرَأَ عَلَيْنَا مِصْدَاقَهُ مِنْ كِتَابِ اللّهِ وَلَا يَحْسَبَنَّ الَّذِيْنَ يَبْخَلُونَ بِمَآ أَتَّاهُمُ
اللّهُ مِنْ فَضْلِهِ- الآيةَ(رواه الترمذى والنسائي وابن ماجة)
صلى الله عليه وسلم narrated that the Prophet Muhammad رحمه الله Sayyiduna Ibn Mas'ud .1792
said, "If anyone does not pay the zakah (Annual due charity) on his property, then,
on the day of resurrection, Allah will put a huge snake round his neck." Then, the
Prophet Muhammad صلى الله عليه وسلم recited from Allah's Book the confirmation of this:
وَلَّا يَحْسَبَنَّ الَّذِيْنَ يَبْخَلُونَ بِمَّا أَتَاهُمُ اللَّهُ مِنْ فَضْلِهِ
{And as for those who are niggardly is expending that which Allah has granted t
hem out of His bounty .... } (3:180, the verse)2
(see also hadith # 1774)
THE FORBIDDEN WILL DESTROY THE LAWFUL
(١٧٩٣) وَعَنْ عَائِشَةً قَالَتْ سَمِعْتُ رَسُولَ اللهِ صَلَّى اللهُ عَلَيْهِ وَسَلَّمَ يَقُوْلُ مَا خَالَظَتِ الزَّكَاةُ مَا لَّا قَطُطُ إِلَّا
أَهْلَكَتْهُ- رَوَاءُ الشَّافِعِيُّ وَالْبُخَارِىُّ فِيْ تَارِيخِهِ وَالْحُمِيْدِىُّ وَزَادَ قَالَ يَكُونُ قَدْ وَجَبَ عَلَيْكَ صَدَقَّةُ فَلَا
تُخْرِجُهَا فَيُهْلِكُ الْحُرَامُ الْخَلَالَ وَقدِ احْتََّ بِهِ مَنْ يَّى تَعَلَّقَ الزَّكَاةِ بِالْعَيْنِ هُكَّذًا فِي الْمُنْتَقَى وَرَوَى الْبَيْهَقِىُّ
فِي شُعَبِ الْإِيْمَانِ عَنْ أَحْمَدَ بُنِ حَنْبَلٍ بِإِسْنَادِهِ إِلى عَائِشَةً وَقَالَ أَحْمَدُ فِي خَالَطَتُ تَفْسِيْرُه ◌َكَّ الرَّجُلَ
يَأْخُذُّ الزَّكَاةَ وَهُوَ مُؤْسِرٌ أَوْغَنِىٌّ قَّ ◌ِنَّمَا هِىَ لِلْفُقَرَآءِ.
صلى الله عليه narrated that she heard Allah's Messenger رضى الله عنها Sayyidah Ayshah .1793
, say, "If zakah (Annual due charity) is mingled with any (wealth and) property,
it destroy it."
1 Musnad Ahmad 2-530.
2 Tirmidhi # 3012, Nasa'i # 2441, Ibn Majah # 1784.

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Al-Humaydi ales, added that Bukhari al-, said, "when zakah (Annual due charity)
is Wajib (obligatory) on you and you fail to pay it, so (it mingles with your property
and) that which is forbidden will destroy that which is lawful."1
Those who say that zakah (Annual due charity) is connected with concerned
property directly, nor with responsibility, cite this hadith (alongwith Bukhari's
aforemented explanation). - Muntaqa. Ahmad al-, said that 'mingled' means that
it mingles with a rich man's property when he accepts another's zakah (Annual due
charity) though it is only for the poor.
COMMENTARY: Bukhari als, and Imam Ahmad alus, have both given their different
interpretations of the hadith. Both mean that unlawful wealth ruins lawful wealth when it
is brought together with it. With the adulteration, all the lawful wealth is somehow lost or
wasted, or blessing is removed from it.
CONNECTED WITH PROPERTY ITSELF OR RESPONSIBILITY
There is a difference of opinion on whether zakah (Annual due charity) should be paid from
the same property on which it is paid, or it is a responsibility on the payer who may pay
the value in kind or cash from his other resources.
Imam Shafi'I al, and others, except Imam Abu Hanifah als), hold that zakah (Annual due
charity) must be paid from that very property on which it is payable. Imam Abu Hanifah
autos, said that the payer must pay from his resources, the value of payable zakah (Annual
due charity) and it is not necessary for him to pay from the same property on which he pays
it. His responsibility will cease in either case.
This question is discusses at length by Mulla Ali Qari anas, in Mirqat and Shaykh Abdul
Haq Muhaddith Dahlawi ales, in Ash'ah ul lama'at. The students and scholars may peruse
it in these books.
CHAPTER - II
PROPERTY ON WHICH ZAKAH (ANNUAL
DUE CHARITY) IS WAJIB (OBLIGATORY)
بَابُ مَا يَجِبُ فِيْهِ الزَّكوة
Shari'ah has made zakah (Annual due charity) fard (compulsory) on four kinds of properties:
(i)
Grazing animals, kept at pasture.
(ii)
Gold and Silver.
(iii)
Trade merchandise of whatever kind.
(iv)
Produce of fields and trees.
The jurists do not use the word zakah (Annual due charity) for the fourth kind, but call it ushr.
The imams agree that zakah (Annual due charity) is wajib (obligatory) on quadrupeds like
camels, cows, sheep, ram, goats and buffaloes. They may be male or female. Zakah (Annual
due charity) is not wjib on other animals.
However, Imam Abu Hanifah &m-, holds that zakah (Annual due charity) is wajib (obligatory)
on horses too. This will be explained in the pages following.
The Imams also agree that zakah (Annual due charity) is wajib (obligatory) on gold and silver
and trade merchandise.
Those things that are perishable an do not remain for one year, zakah (Annual due charity) is not
1 Bayhaqi in Sha'b ul Eeman, Shafi'I in his musnad p 99, Bukhari in his Tarikh.

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wajib (obligatory) on them according to other imams, like cucumber, melon and other vegetables
etc. Zakah (Annual due charity) is wajib (obligatory) on dates and raisin when their holding is five
wasq. If they are less then five wasq, zakah (Annual due charity) is not payable on them.
Imam Abu Hanifah a >, holds that ushr (one-tenth) is payable as wajib (obligatory) on
produce of land whether produce is less or more, but ushr is not wajib (obligatory) on
bamboos, wood and grass. He relies on he Prophet's صلى اللهعليهوسلم words:
مَا أَخْرَجَتْهُ الْأَرْضُ فَفِيْهِ الْعُشْرُ
"It is wajib (obligatory) to pay one tenth on everything that grows from the land."
For ushr to be wajib (obligatory) on the produce of land there is no stipulation of a measure
or quantity. There also is no stipulation of time like the passing of a year. Rather, whatever
and whenever the produce, it will be wajib (obligatory) to pay one-tenth. This is contrary to
other properties on whom zakah (Annual due charity) is wajib (obligatory) only when they
amount to the nisab and are held for one year.
SECTION I
الفَضل الآوَلْ
NISAB
(١٧٩٤) عَنْ آَنِيُ سَعِيْدِ نِ الْخُدُرِيِّ قَالَ قَالَ رَسُولُ اللَّهِ صَلَّى اللَّهُ عَلَيْهِ وَسَلَّمَ لَيْسَ فِيُمَادُونَ خَمْسَةٍ
أَوْسُقٍ مِنَ الثَّمَرِ صَدَقَةٌ وَلَيْسَ فِيْمَادُونَ خَمْسِ آَوَاقٍ مِنَ الْوَرِقِ صَدَقَةٌ وَلَيْسَ فِيُمَادُوُتَ خَمْسِ ذَوْدٍ
مِنَ الَّابِلِ صَدَقَةٌ (متفق عليه)
1794. Sayyiduna Abu Sa'eed al Khudri usan+, narrated that Allah's Messenger ano
4b said, "Zakah (Annual due charity) is not payable on less than five wasq (or
camel-load) of dates. And,zakah (Annual due charity) is not payable on less than
five ooqiyas (ounces) of silver. And, zakah (Annual due charity) is not payable on
less than five heads of camels."1
COMMENTARY: One wasq is equal to sixty sa' or approximately 135 kg, more or less. As
for dates, one-tenth will be wajib (obligatory) as ushr on produce of five wasq. No zakah
(Annual due charity) is wajib (obligatory) on less than five wasq (dates.) this is opinion of
Imam Shafi'I am>), Imam Abu Yusuf ales, and Imam Muhammad ales). On his part, Imam
Abu Hanifah a , said that no nisab applies on the produce of land, and it is wajib
(obligatory) to pay zakah (Annual due charity) on tenth of the produce whatever it be. Even if
it is the least possible production, one tenth of it is wajib (obligatory) to be paid. The Hanafis
follow the verdict of Imam Abu Hanifah &s ;.
As for this hadith, the Hanafis say that it refers to dates for trading because at that time
they were brought and sold by the wasq measure. Each wasq of date was priced at
forty dirhams. The value of five wasq at this rate was two hundred dirhams and it is
the nisab for trading.
Awaq is the plural of ooqiyah. Each ooqiyah is forty dirhams or 122.47 grammes. Five
ooqiyah will be two hundred dirhams which is the nisab of silver for zakah (Annual due
:
1 Bukhari # 1459, Muslim # 1-979, Abu Dawud # 1558, Tirmidhi # 626, Nasa'i # 2445, Ibn Majah #
1793, Darimi # 1633, Muwatta Maalik # 2 (Zakah (Annual due charity)). Musnad Ahmad 3-60.
--

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charity) which comes to five dirhams. Zakah (Annual due charity) is not wajib (obligatory) on
silver less than the value of two h undred dirhams (or 216.5 grammes).
This was the nisab of dirham silver (aims). If silver is in some other form, like jewellery,
then the same principle is applied. Zakah (Annual due charity) will be paid in the same way.1
The nisab is the minimum that attracts zakah (Annual due charity). If anyone possesses more
than the nisab, then the clear way to calculate is to pay at 2.5 percent, meaning that the
zakah (Annual due charity) for every rupees one hundred is rupees two and a half.
The hadith makes no mention of gold. The nisab of gold is twenty mithqal. Zakah (Annual
due charity) is not wajib (obligatory) on less than that. If anyone has the nisab or more of gold,
then one fortieth of the amount or its value must be paid as zakah (Annual due charity).
If gold and silver together add up to the nisab, zakah (Annual due charity) will be wajib
(obligatory). Similarly, if anyone's possession of silver and trade merchandise add up to the
nisab he is liable to pay zakah (Annual due charity). And again, if anyone has trade
merchandise and cash adding up to the nisab then he will have to pay zakah (Annual due
charity). It is wajib (obligatory) in all these cases.
Gold and silver may be in any form whatsoever, even untensils, zakah (Annual due charity)
is wajib (obligatory) on them. Silver on borders and laces should also be calculated if this
comes to the nisab zakah (Annual due charity) is wajib (obligatory). Pearls, rubies and other
stones do not have zakah (Annual due charity) wajib (obligatory) on them even if anyone
possessions millions of rupees worth of them. If they are trade merchandise, then zakah
(Annual due charity) is payable on them.
ZAKAH (ANNUAL DUE CHARITY) ON SLAVES & HORSES
(١٧٩٥) وَعَنْ أَبِيْ هُرَيْرَةَ قَالَ قَالَ تَسُولُ اللَّهِ صَلَّى اللّهُ عَلَيْهِ وَسَلَّمَ لَيْسَ عَلَى الْمُسْلِمِ صَدَقَةٌ فِيْ عَبْدِ، وَلَّا فِي
فَرَّسِهِ وَفِي رِوَايَةٍ قَالَ لَيْسَ فِى عَبْدِهِ صَدَقَةٌ إِلََّ صَدَقَةَ الْفِطْرِ (متفق عليه)
صلى الله عليه وسلم narrated that Allah's Messenger رضى الله عنه Sayyiduna Abu Hurayrah .1795
said, "No sadaqah (charity) (zakah (Annual due charity)) is (wajib (obligatory)) on a
Muslim on his slave and on his horse."
According to another version: He said, "No sadaqah (charity) (zakah (Annual due
charity)) is (wajib (obligatory)) onhim on that slave, except hat the sadaqat ul
fitr is due."2
COMMENTARY: The hadith refers to the slave and horse not stocked for trading. Imam
Shafi'I al44), Imam Abu Yusuf als, and Imam Muhammad (H) follow this hadith. Imam
Abu Hanifah ales, contends that if the horses and mares together graze in the open fields
for most of the year then zakah (Annual due charity) is wajib (obligatory) on them. The nisab is -
calculated at one dinar per head and on the total zakah (Annual due charity) is paid at one-
fortieth (2.5 % of value).
It is stated in fatawa Qadi Khan, Durr Mukhrtar and Fatawa Alamgiri that the Hanafis
follow Imam Abu Yusuf als, and Imam Muhammad alus, that zakah (Annual due charity)
1 In ancient times, silver coins were in circulation and it was necessary to go by that and Mazahir Haq
(urdu) had these examples, otherwise the simple method is one fortieth of silver, or its value is zakah
(Annual due charity). (That is 2.5%)
2 Bukhari # 1464, Muslim 3 8-982, Abu Dawud # 1595, Tirmidhi # 628, Nasa'i # 2467, Ibn Majah #
1812, DArimi # 1632, Muwatta # 37 (Zakah (Annual due charity)), Musnad Ahmad 2-242.

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is not wajib (obligatory) on horses.
DETAILS ABOUT NISAB
(١٧٩٦) وَعَنْ آَنَّسٍ أَثَّ أَبَابَكُرٍ كَتَبَ لَه هذَا الْكِتْبَ لَمَّا وَجَّهَهُ إِلَى الْبَحْرَيْنِ بِسْمِ اللهِ الرَّحْمنِ الرَّحِيمِ
هُذِهٍ فرِيْقَةُ السَّدَقَةِ الَّتِى فَرَضَ رَسُولُ اللَّهِ صَلَّى اللّهُ عَلَيْهِ وَسَلَّمَ عَلَى الْمُسْلِمِيْنَّ وَالَّتِىْ أَمَرَ اللَّهُ بِهَا رَسُوْلَهُ
فَمَنْ سُئِلَهَا مِنَ الْمُسْلِمِيْنَ عَلَى وَجُهِهَا فَلْيُعْطِهَا وَمَنْ سُئِلَ فَوْقَّهَا فَلَا يُعْطِ فِ آَرْبَعْ وَعِثْرِيْنَ مِنَ الْآپِلِ فَمَا
دُوْنَّهَا مِنَّ الْغَنَّمِ مِنْ كُلِّ خَمْسٍ شَاةٌ فَإِذَا بَلَغَتُ خَمْهًا وَعِشْرِ يْنَ إِلَى خَمْسٍ وَثَلَاثِيْنَّ فَفِيْهَا بِنْتُ مَخَاضٍ أُنْغِى
فَإِذَا بَلَغَتُ سِتّ ؤَثَلَائِيْنَّ إِلَى خَمْسٍ وَآَرْبَعِيْنَ فَفِيُّهَا بِنْتُ لَبُوْنٍ أُنْغِى فَإِذَا بَلَغَتُ سِتّ وَأَرْبَعِيْنَّ إِلَى سِتِّئْنَ
ذَفِيْهَا حِقَّةٌ طَرُؤْقَةُ الْجُمَلِ فَإِذَا بَلَغَتُ وَاحِدَةً وَسِتِّيْنَ إِلَى خَمْسٍ وَسَبُعِيْنَ فَفِيْهَا جَذْعَةٌ فَإِذَا بَلَغَتُ سِنّا
وَسَبْعِيْنَ إِلى تِسْجِيْنَ فَفِيُّهَا بِنْتَا لَبُوُنٍ فَإِذَا بَلَغَتْ إِحْذِى وَتِسْمِيُنَّ إِلَى عِشْرِيُنَّ وَمِائَةٍ ذَفِيْهَا حِقَّتَانٍ
طَرُؤْقَتَا الْجُمَلِ فَإِذَاَ زَادَتْ عَلَى عِشْرِيْنَ وَمِائَةٍ فَفِى كُلِّ ارْبَعِيْنَ بِنْتُ لَبُوُنٍ وَقِيْ كُلِّ خَمْسِيْنَ حِقَّةٌ ؤَمَنُ لَّمْ
يَكُنُ قَعَهُ إِلَّا أَرْبَهْ مِنَ الْإِبِلِ فَلَيْسَ فِيْهَا صَدَقَةٌ إِلَّ أَنْ ثِّشَآءَ رَبُّهَا فَإِذَا بَلَغَتُ خَمْسًا فَفِيْهَا شَاءُ وَّمَنُ
بَلَغَتُ عِنْدَهُ مِنَ الْإِبِلِ صَدَقَةُ الْجُذَّعَةِ وَلَيْسَتُ عِنْدَهُ جَذَعَةٌ وَعِنْدَهُ حِقَّةٌ فَإِنََّا تُقْبَلُ مِنَّهُ الْحِقَّةُ وَيُجْعَلُ مَعَهَا
شَاتَيْنٍ إِنِ اسْتَيْسَرَتَا لَهُ أَوْ عِشْرِيْنَ دِرُهَمَّا وَمَنُ بَلَغَتُ عِنْدَهُ صَدَقَةُ الْحِقَّةِ وَلَيْسَتُ عِنْدَهُ الْحِقَّةُ وَعِنْدَهُ
الْجَدَّعَةُ فَإِنَّهَا تُقْبَلُ مِنْهُ الْجَذَعَةُ وَيُعْطِيْهِ الْمُصَدِّقُ عِشْرِ يْنَ دِرُهَمَّا أَوْشَاتَيْنٍ وَمَنْ بَلَغَتُ عِنْدَهُ صَدَقَةَّ الْحِقَّةِ
وَلَيْسَتُ عِنْدَهُ إِلَّبِئْتُ لَبُوْنٍ فَإِنَّمَا تُقْبَّلُ مِنْهُ بِنْتُ لَبُوْنٍ وَيُعْطِئْ شَاتَيْنِ أَوْ عِثْرِ يْنَ دِرُهَمَّا وَمَنُ بَلَغَتُ
صَدَقَّتُهُ بِنْتَ لَبُوْنٍ وَعِنْدَهُ حِقَّةٌ فَإِنَّمَا تُقْبَلُ مِنْهُ الْحِقَّةُ وَيُعْطِيْهِ الْمُصَدِّقُ عِشْرِيْنَ دِرُهَمَّا أَوْ شَاتَيْنٍ وَمَنْ
بَلَغَتُ صَدَقَتُهُ بِنْتَ لِبُوْنٍ وَ لَيْسَتُ عِنْدَهُ وَعِنْدَهُ بِنْتُ مَخَاضٍ فَإِنَّمَا تُقْبَّلُ مِنْهُ بِنْتُ مَخَاضٍ وَيُعْطِئْ مَعَهَا
عِشْرِيْنَ دِرْهَمَّا أَوْشَاتَيْنٍ وَمَنْ بَلَغَتُ صَدَقَتُهُ بِنْتَ مَخَاضٍ قَ لَيْسَتْ عِنْدَهُ وَعِنْدَهُ بِنْتُ لَهُوْنٍ فَإِنََّا تُقْبَلُ
مِنْهُ وَيُعْطِيْهِ الْمُصَدِّفُ عِشْرِ يْنَ دِرُهَمَّا أَوْشَاتَيْنِ فَإِْ لَّمْ تَّكُنْ عِنْدَهُ بِنْتُ مَخَاضٍ عَلَى وَجُهِهَا وَعِنْدَهُ ابنُ
لَبُوْنٍ فَإِنَّه يُقْبَّلُ مِنْهُ وَلَيْسَ مَعَهُ شَمْ وَفِى صَدَقَّةِ الْغَنَمِ فِي سَآئِمَتِهَا إِذَا كَانَتْ أَرْبَعِيْنَّ إِلَى عِشْرِئْنَ وَمِائَةٍ
شَافٌ فَإِذَا زَادَتْ عَلَى عِشْرِيْنَ وَمِائَةٍ إِلَى مِائَتَيْنٍ ذَفِيْهَا شَاتَانٍ فَإِذَا زَادَتُ عَلَى مِائَتَيْنٍ إِلَى ثَلَاثِ مِائَةٍ ذَضِيُّهَا
ثَلَاثُ شِيَاءٍ فَإِذَا زَادَتْ عَلَى ثَلَاثٍ مِائَةٍ فَفِى كُلِّ مِائَةٍ شَاةٌ فَإِذَا كَانَتُ سَآئِمَةُ الرَّجُلِ نَاقِصَةً مِنْ أَرْبَمِيْنَ شَاءٌ
وَاحِدَةٌ فَلَيْسَ فِيْهَا صَدَقَةٌ إِلَّ أَنْ ثِّشَآءَ رَبُّهَا وَلَّا أُخْرَُ فِ الشَّدَقَّةِ هَرِمَةٌ وَلَا ذَاتُ عَوَارٍ قَلَّا تَيْسْ إِلَّ مَاشَآءَ
الْمُصَدِّقُ وَلَا يُجُمَّعُ بَيْنَ مُتَفَرِّقٍ وَّلَا يُفَرَّقُ بَيْنَ مُجْتَّمِعٍ خَشْيَةَ الشَّدَقَّةِ وَمَا كَاكَ مِنْ خَلِيْطَيْنِ فَإِنَُّهَا

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يَتَّرَاجَعَانٍ بَيْنَهُمَا بِالسَّوِيَّةِ وَفِي الرِّقَةِ رُبُعُ الْعُشْرِ فَإِنْ لَّمْ تَكُنُ إِلَّ تِسْعِيْنَ وَمِائَةٌ فَلَيْسَ فِيْهَا شَيْ إِلَّا
آَنْ يَشَآءُ رَبُّهَا-(رواه البخارى)
1796. It is reported about Sayyiduna Anas As ås », that when Sayyiduna Abu Bakr
As Àn+) (the amir ul muminin) sent him to Bahrayn (a place near Busrah), he wrote a
letter (of guidance) to him;
In the name of Allah, the compassionate, the Merciful. This is about the fard
(compulsory) (sadaqah (charity)) that Allah's Messenger صلى الله عليه وسلم imposed on the
Muslims on the command of Allah to impose it. Those Muslims on whom a just
demand is made (for zakah (Annual due charity)) must pay it, but those on whom a
demand is made for an amount in excess (of the Shari'ah prescribed) must not pay
(the excess demand).
(The nisab of zakah (Annual due charity) is:) On camels twenty four or less in
number a sheep is payable for every five. (There is no zakah (Annual due charity) on
less than five camels. Between five and nine, one sheep; ten and fourteen, two;
fifteen and nineteen, three sheep and twenty and twenty four, four sheep) when
they the camels) are twenty five to thirty five, a she camel in her second year (bint
makhad) is payable. When they are thirty six to forty five, a she camel in her third
year (bint labun) is to be paid, who they are forty six to sixty, a she camel in her
fourth year that is ready to respond to a stallion(hiqqah). When they are sixty one to
seventy five a she camel in her fifth year (jadh'ah) is when they are seventy six to
ninety, two she camels in their third year are payable. When they are ninety one to
one hundred and twenty, two she camels in their fourth year that are ready to oblige
a stallion are payable. When they are more than one hundred and twenty, one she-
camel in her third year is payable for every forty and a she camel in her fourth year
for every fifty. If anyone has only four camels, sadaqah (charity) (zakah (Annual due
charity)) is not wajib (obligatory) on them unless their owner wishes (to pay an
optional charity as much as he wishes). When they are five (camels), one sheep is
payable on them.
If anyone whose camels are the number on which a she camel in her fifth year is
payable (as zakah (Annual due charity)) and he does not have it but has a she-camel
in her fourth year, then that will be acceptable from him alongwith two sheep if he
can pay them easily, otherwise (he should pay) twenty dirhams.
If anyone whose camels are so many that on them a she camel in her fourth year
is payable and he does not have it but has a she camel in her fifth year, then that
will be acceptable from him and the collector will have to give him twenty
dirhams or two sheep.
If anyone whose camels are the number on which a she camel in her fourth year is
payable and he has none but one in her third year, then that will be acceptable from
him alongwith two sheep or twenty dirhams.
If anyone whose camels are so many that on them a she camel in her third year is
payable and he has one in her fourth year, then that is acceptable from him and the
collector must give him twenty dirhams or two sheep.
If anyone whose camels are the number on which a she camel in her third year is
payable and he does not have it but has one in her second year, then that will be
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If anyone whose camels are the number on which a she camel in second year is
payable and he does not have it but has one in her third year than that will be
acceptable from him and the collector will reimburse him with twenty dirhams or
two sheep. However, if he does not have a she camel in her second year as payable
and has a male camel in its third year, then that will be acceptable from him
without any further demand alongwith it (on him, nor will the collector pay
anything to him).
As for the sadaqah (charity) (zakah (Annual due charity)) on sheep that are
pasturing: when they are from forty to one hundred and twenty, a sheep is payable.
Above one hundred and twenty to two hundred, two sheep are payable. From over
two hundred to three hundred, three sheep are payable. When they are more than
three hundred, one sheep is payable for every hundred.
If anyone has pasturing sheep even one less than forty. No sadaqah (charity) is
payable on the unless their owner wishes (to pay an optional charity).
An old sheep, one with a defect in the eye, or a male goat may not be presented as
sadaqah (charity) unless the collector is willing.
Those that are in different flocks should not be put together and those that are in
one flock should not be separated for fear of zakah (Annual due charity).
If two people are partners in one nisab, then they must apportion with fairness the
due of each.
On dirhams, a fortieth is payable. If anyone has only one hundred and ninety
(which is less than the nisab) then nothing is payable unless their owner pays
voluntarily (of his own record). 1
COMMENTARY: Previously, we read a hadith calling upon the payers of zakah (Annual due
charity) to please the zakah (Annual due charity) collector even if he acts unjustly towards
them (Hadith # 1782). Another (# 1783) recounts how some people complained to the
Prophet Muhammad صلى الله عليه وسلم of the harsh attitude of the collectors and their demand for
excess. They asked if they could conceal some of their properties from them. He did not
allow them to do any such thing.
In this hadith, those who are asked to pay more are instructed not to pay. The fact is that in
those times, the collectors were the sahabah (Prophet's companions) (asa >, who could not be
expected to wrong anyone or demand more than the due. It was the payers who had a
wrong impression about them. In this case, Sayyiduna Abu Bakr us an +, spoke of the
collectors who were not the sahabah (Prophet's companions) was an >, but they were other
people. They were liable to commit excess so, he gave instructions that excess demand
should not be met.
When the number exceeds one hundred one twenty, Qadi ator, said that the calculation
must not begin afresh for zakah (Annual due charity). Rather, at an increase of every forty a
she-camel in her third year, and at an increase of every fifty a she camel in her fourth year
should be paid towards zakah (Annual due charity). Most imams observe this verdict, but
Imam Abu Hanifah ales, said that the calculation must begin all over again. Hence, when
the number of camels exceed one hundred and twenty, two hiqqah (or she camels in their
fourth year) and one sheep will be (wajib (obligatory)) payable.
In this way till the number of twenty four, one sheep will be wajib (obligatory) on
1 Bukhari (in part) # 1454, 1453, 1448, 1455, 1450.

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every five and so on.
At twenty five and more than twenty five one bint makhad (a she camel in her second year)
will be payable (as wajib (obligatory)).
In this way calculation will be made till the end according to the earlier order.
Imam Nakha'I am>, and Imam Thawri ales, held the same opinion. They cite the words of
the Prophet Muhammad , ale av . "When the number of the camels exceeds one
hundred, the calculation must begin afresh."
The same opinion is attributed to Sayyiduna Ali usd+ ;.
The zakah (Annual due charity) of the camels is payable (as wajib (obligatory)) though the
female camels, or their value. The zakah (Annual due charity) of the cows and sheep may be
paid, without distinction, through male or female animal. Zakah (Annual due charity) may be
paid towards them through male animals or their value, or female or their value.
As for the words that if the payer does not possess a she camel in her second year worthy
of payment Ibn Maalik ala>, has said that it could have three meanings:
(i)
He simply does not have a she camel one year old, in her second year.
(ii)
He has it, but it is not of sound health and as good as not possessing it.
(iii)
He has it, but it is very previous. (Zakah (Annual due charity) is to be paid by
property of average or moderate value)
In such a case when he does not have a she camel in her second year, he may pay a male
camel in its third year as zakah (Annual due charity). Noting else is either payable receivable.
Against this, if a female camel is paid of higher value or a lower value, then the collector
returns two sheep or twenty dirhams or, in the latter case, the payer gives an additional
payment of two sheep or twenty dirhams. This shows that a female compensates difference
in age (of the animal).
The hadith speaks of posturing sheep only, but this condition applies to every animals
sheep or camel or cow. That will be necessary when paying zakah (Annual due charity). They
ought to have postured for most of the year, meaning more then half year. If an animal is
given lay to graze at home for most of the year then zakah (Annual due charity) is not wajib
(obligatory) on it.
The nisab of seep is forty. If they are less then forty, then zakah (Annual due charity) on them
is not wajib (obligatory). At forty, it will be wajib (obligatory) to pay one sheep as zakah
(Annual due charity) and up to one hundred and twenty only one sheep is wajib (obligatory)
zakah (Annual due charity). The hadith gives the calculation up to three hundred. After that,
one sheep is payable for every one hundred sheep. This means that if one has four hundred
sheep, he will pay four as zakah (Annual due charity). Most ulama (Scholars) and imams
agree with this opinion, but Hasan ibn Salih ales, said that even if he has one sheep above
three hundred, he will pay four sheep as wajib (obligatory) zakah (Annual due charity).
Defective animals should not be paid to the collectors of zakah (Annual due charity) if all
one's property or most of it is free from defect. However, if all of the property is defective,
then a selection should be made for the average.
It is disallowed to take a he goat against zakah (Annual due charity), because people keep the
male goat with the female to breed them. If the male goat is taken away, the owner will
suffer. Or, the reason is that its flesh is bad smelling and of poor taste.
The separate flocks must not be brought together. The background is the question. Is zakah
(Annual due charity) calculated on the total number of sheep or against the word of the

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owner. Imam Shafi'I als, said that zakalı (Annual due charity) is paid on the basis of the
total in the flocks and he does not trust the owner for that Imam Abu Hanifah aldo, said
that number in the flocks are not the basis but the owner's word is trusted. Thus, if anyone
has eighty sheep in who separate flocks. According to imam Shafi'I alda>, the basis is the
number of flocks. So two sheep will be collected towards zakalı (Annual due charity) from the
two flocks. Imam Abu Hanifah als>, will have only one sheep from both flocks together,
for though they are eighty sheep divided in two flocks, yet there only is one owner and
they fall in the slab of forty to one hundred and twenty and only one sheep is wajib
(obligatory) zakalı (Annual due charity). Only one sheep will be collected from this man.
The second example is of eighty sheep all in a single flock belonging two people. According
to Imam Shafi'I am a>>, only one sheep will be collected from this flock. But, Imam Abu
Hanifah &t , will have two sheep collected from this flock because, though they are
together in one flock, yet they have two different owner each possessing forty sheep each
making one sheep wajib (obligatory) as zakah (Annual due charity) on his property.
Keeping this in mind, the words of the hadith not to bring different flocks together are
interpreted by Imam Shafi'I ale>, to refer to the owner. If one person has forty sheep and
another has forty, they must not being them together to escape zakah (Annual due charity),
and pay on eighty in the slab and thus pay only one sheep instead of two, so they must not
combine them into one.
In the some may, he must not separate the animals from the single flock. This prohibition
also refers to the owner. Suppose he has twenty sheep that are together with someone elses
in his flock. So, he must not separate his sheep from that person's flock to escape payment
of zakah (Annual due charity) on the lot, for, if they are outside the flock, he will not have to
pay zakah (Annual due charity) on them.
Imam Abu Hanifah als, interpreted these words to refer to the collector of zakalı (Annual due
charity). He must not bring together sheep in diverse flocks into one to be able to collect zakah
(Annual due charity). In separate flocks they may be out of the nisab, so he puts them together
to make them liable to zakalı (Annual due charity). So it is not allowed to him to do so.
The second prohibition, too applies to the zakah (Annual due charity) collector. He must not
separate animals that belong to one slab. If a person has eighty sheep, forty at one place
and as many at another place, the collector must not treat them as two separate properties
to collect two sheep from him. Rather, he must have them counted together in one slab and
collect only one sheep as per the rule, because they are under one ownership and only one
sheep is wajib (obligatory) zakah (Annual due charity) on eighty sheep.
As for two different people being partners in one nisab, the collector will collect according
to procedure but they will settle their accounts themselves. For example, if they have two
hundred sheep. One partner owns forty of those and the other one hundred and sixty. On
the total wajib (obligatory) zakah (Annual due charity) is two sheep. The collector will collect
one sheep from each of them because he cannot divide a sheep. In this way, the first person
will suffer a loss because he owns only forty but pays the same zakah (Annual due charity) as
t he owner of one hundred and sixty sheep. After the collector takes the sheep, these two
men must settle their account. The owner of the forty sheep will get from the other three
fifths of the value of his sheep. So, his payment of zakah (Annual due charity) will be two
fifths (value of sheep). The rest will be the payment of the other person. This is the
implication of 'they will apportion with fairness.'

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USHR ON PRODUCE OF LAND
(١٧٩٧) عَنْ عَبْدِ اللّهِ بْنِ حُمَرَ عَنِ النَّبِيِّ صَلَّى اللهُ عَلَيْهِ وَسَلَّمَ قَالَ فِيُمَا سَقَتِ السَّمَّاءُ وَالْعُوُنُ أَوْكَانَ
عَقَرِيًّا الْعُشْرُ وَمَا سُقِيَ بِالنَّصْحِ نِصْفُ الْعَشْرِ (رواه البخارى)
1797. Sayyiduna Abdullah ibn Umar we a+, narrated that the Prophet Muhammad
said, "That which is watered by the heaven (rain) and springs, or is صلى الله عليه وسلم
athari (+) meaning stumbles on water by accident like trees on banks of rivers, or
undergrounds moisture), one tenth is payable on that. That for which water is
drawn by animals (like camels) on its produce, the wajib (obligatory) zakah (Annual
due charity) is on twentieth."1
COMMENTARY: Athri is the land irrigated by the ditch or canals dug in earth to channel
water to fields, etc. Or, it is the land near water and always remains moist and green.
ZAKAH (ANNUAL DUE CHARITY) ON BURIED TREASURE
(١٧٩٨) وَعَنْ أَبِيْ هُرَيْرَةً قَالَ قَالَ رَسُولُ اللَّهِ صَلَّى اللَّهُ عَلَيْهِ وَسَلَّمَ الْعَجَمَآءُ جُرْحُهَا جُبَارٌ وَالْبِتْرُ جُبَّارُ وَّ
الْمَعْدِبُ جُبَارٌ وَفِي الرِّكَازِ الْخُمُسُ (متفق عليه)
صلى الله عليه وسلم narrated that Allah's Messenger رضى الله عنه Sayyiduna Abu Hurayrah .1798
said, "Blood wit or retaliation is not liable for wound caused by an animal, for
death (or wound), while having a well dug or while having a mine excavated One
fifth is payable as zakah (Annual due charity) or rikaz."2
COMMENTARY: If an animal like a horse, ox, buffalo, wounds someone or destroys
something or kills someone and no human being is with the animal and it is day time, then
that is forgiven to the owner (or keeper) of the animal. No retaliation or fine is imposed on
him. However, if someone is riding the animal or leading it along when this happens, then
blood wit, retaliation or penalty is wajib (obligatory) on the owner, because there is an
element of carelessness and negligence on his part. Similarly, if an animal escapes in the
night and hurts someone or wrecks something, then its owner will be liable to damages
and to make compensation, because animals are shackled in the night and he was careless
in not doing so. These comments are made in the light of other ahadith and evidences.
If anyone hires labourers to dig a well or a mine and, as a result of an accident, any of them
dies, then no blood wit or compensation is wajib (obligatory) on the employer. The same
applies whether he is having a well dug in his own premises or on a utility land whose
owner is unknown and some human being or animal dies in it. However, if any one has a
well dug on the highway or on someone else's land without his permission and someone or
an animal falls and dies the damages or bloodwit will be wajib (obligatory) on the 'qiblah of
the person digging the well. The same command applies to one who has some portion of
land excavated for gold, silver, turquoise blue or sand.
WHO IS AAQILAH: It is a juristic term. It means the companions or friends of the person
who is responsible for the death of someone accidentally, like, in this hadith, falling into
1 Bukhari # 1483, Abu Dawud # 1596, Tirmidhi # 640, Nasa'i # 2488, Ibn Majah # 1816, Muwatta
Maalik # 33 (Zakah (Annual due charity))
2 Bukhari # 1499, Muslim # 45-1210, Abu Dawud # 4592, Tirmidhi # 643, Nasa'i # 2495, Ibn Majah #
2673, Darimi # 1168, Muwatta Maalik # 12 (Zakah (Annual due charity)), Musnad Ahmad 2-228.

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the well. He who has the well dug is the one whose aaqilah will be liable to damages. His
friends or companions, where he works are the aaqilah, but if he has none then his tribe or
family are his aaqilah.
WHY MUST AAQILAH PAY: Though this person has committed the crime
unintentionally, yet he may continue to be careless. Someone has to guarantee his conduct.
So, the aaqilah are made responsible to watch over him.
WHAT IS RIKAZ: Imam Abu Hanifah ale>, said that the rikaz in this hadith means mine.
But, the people of the Hijaz say that rikaz is the treasure of the jahiliyah (ignorance era)
buried in the earth. As for as this hadith is concerned, the meaning suggested by Imam
Abu Hanifah ans, is more appropriate. Indeed, a saying of the Prophet Muhammad at.
jule also brings out this meaning of rikaz. He was asked about it and he said that rikaz is
the gold and silver that Allah placed in the earth when he created it.
KIND OF THINGS EXCAVATED FROM EARTH: There are three kinds of excavated
things from mines.
(i)
Solid things that melt when put in fire and can be moulded or minted as
coins. Examples are gold, silver, iron, pewter, tin, etc.
(ii)
Non solids like water, oil, pitch, sulpher etc.
(iii)
Non combustibles that will be melt in fire and cannot be moulded, like
stone, lime, sulphurate of arsenic.
Of these three kinds, zakah (Annual due charity) is levied only on the first kind. Khums or
one-fifth is wajib (obligatory) and the condition of the passage of one year does not apply.
According to Imam Shafi'I Àn >, of the minerals, zakah (Annual due charity) is wajib
(obligatory) only on gold and silver. It is not wajib (obligatory) on other excavations from
mines, like iron, pewter, etc.
SECTION II
الفضلُ الثَّانِى
ZAKAH (ANNUAL DUE CHARITY) ON COWS & OXEN
(١٧٩٩) عَنْ عَلِيٍّ قَالَ قَالَ تَسُولُ اللَّهِ صَلَّى اللَّهُ عَلَيْهِ وَسَلَّمَ قَدْ عَفَوْتُ عَنِ الْخَيْلِ وَالرَّقِيْقِ فَهَاتُوًا صَدَقَّةً.
الرِّقَّةِ مِنْ كُلِّ أَرْبَعِيْنَّ دِرُهَمَّا دِرُهَمْ وَلَيْسَ فِيْ تِسْجِيْنَ وَمِائَةٍ شَيْ فَإِذَا بَلَغَتْ مِائَتَيْنٍ وَفِيُّهَا خَمْسَةُ دَرَاهِمَ-
رَوَاءُ التِِّّمِذِىُّ وَأَبُوُ دَاوُدَ وَفِيْ رِوَايَةٍ لَّبِيْ دَاؤدَ عَنِ الْحَارِثِ الْأَعُوَرِ عَنْ عَلِيٍّ قَالَ زُهَيْرْآَخْسِبُهُ عَنِ النَّبِيِّ صَلَّى
اللَّهُ عَلَيْهِ وَسَلَّمَ أَنَّهُ قَالَ هَاتُوْا رُبُعَ الْعُشْرِ مِنْ كُلِّ آرْبَمِيْنَّ ◌ِرُهَمَّا دِرُهَمْ وَلَّيْسَ عَلَيْكُمُ شَنْ حَتّى تَتِوَّ مِائَتى
دِرُهٍَ فَإِذَا كَانَتْ مِاتَتَىْ دِرُهَمٍ فَفِيْهَا خَمْسَةُ دَرَاهِمَ فَمَا زَادَ فَعَلى حِسَابٍ ذَلِكَ وَفِىِ الْغَنَّمِ فِى كُلِّ أَرْبَعِيْنَّ شَاةً
شَاةٌ إِلَى عِشْرِيْنَ وَمِائَةٍ فَإِنْ زَادَتُ وَاحِدَةٌ فَشَاتَانٍ إِلَى مِائَتَيْنٍ فَإِجْ زَادَتْ فَقَلَاتُ شِيَّاهٍ إِلَى ثَلَاثٍ
مِائَةٍ فَإِذَا زَادَتْ عَلَى ثَلَاثٍ مِائَةٍ فَفِى كُلِّ مِائَةٍ شَاةٌ فَإِْ لَّمْ تَكُنُ إِلَّتِهُمْ وَقَلَاتُوْنَ فَلَيْسَ عَلَيْكَ فِيُّهَا
شَهْ وَفِىِ الْبَقَرِ فِيْ كُلِّ ثَلَاثِيْنَ تَبِيٌُّ قَفِى الْأَرْبَعِيْنَ مُسِنَّهُ وَلَيْسَ عَلَى الْعَوَامِلِ شَئ۔
1799. Sayyiduna Ali رضى الله عنه narrated that Allah's Messenger صلى الله عليه وسلم said, "I have
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not part of trade merchandise and the different opinion about horses have been
discussed previously, e.g. hadith 1795) You must pay zakah (Annual due charity) on
silver at one dirham for every forty (when its holding is equal to the nisab of two
hundred dirhams because) nothing is payable on one hundred and ninety. When
silver is to the total of two hundred dirhams, five dirhams are wajib (obligatory)
towards zakah (Annual due charity)."
According to the version of Abu Dawud from al-Harith al-Awar a , from
رحمه الله Zuhayr ,صلى الله عليه وسلم from the Prophet Muhammad ,رحمه الله Sayyiduna Ali
presumed that he said, "Pay every year) one dirhams out of forty dirhams (which is
one fortieth). Nothing is wajib (obligatory) on you till you have full two hundred
dirhams. When you have two hundred dirhams, five dirhams are wajib (obligatory)
(as zakah (Annual due charity)). When that is more than two hundred dirhams
zakah (Annual due charity) will be wajib (obligatory) in the some proportion.
As for sheep, one sheep is wajib (obligatory) (as zakah (Annual due charity)) for
every forty sheep up to one hundred and twenty. If there is one more, then up to
two hundred sheep two sheep are wajib (obligatory). If there are more than three
hundred, one sheep is wajib (obligatory) for every one hundred. However, if you
have only thirty nine, nothing is wajib (obligatory) on them.
As for cattle, the nisab is a year-old male calf for every thirty an a cow in its third
year for every forty, as wajib (obligatory) zakah (Annual due charity). Nothing is
wajib (obligatory) (as zakah (Annual due charity)) on animals used for work."1
COMMENTARY: Imam Abu Yusuf al, and Imam Muhammad s & +, abide by the
hadith and say that zakah (Annual due charity) is wajib (obligatory) in the same proportion
who one's holding exceeds two hundred dirhams, one-fortieth will be paid as zakah
(Annual due charity). Imam Abu Hanifah àl ,, however, said that zakah (Annual due
charity) will be wajib (obligatory) on the amount exceeding two hundred dirhams only
when that is forty dirhams. If it is less than forty, then no zakah (Annual due charity) is
wajib (obligatory) on it, but will be paid only for two hundred dirhams. His deduction is
based on other ahadith too.
A male calf is to be given as zakah (Annual due charity) for cows. Hence it is the same whether
the male is paid or t he female. This is more clear in a following tradition. It is not necessary
when paying zakah (Annual due charity) against cows and sheep to give only the female. In
this case, it is different from the camels whose zakah (Annual due charity) is always a female.
There is no such restriction for cows and sheep. (But see commentary on hadith # 1796).
Allamah Ibn Hajr alto>, said that if cows or bulls are more than forty, zakah (Annual due
charity) will not be paid on the excess till the number rises on sixty. When they are sixty in
number, two male or two female one year old calves will be wajib (obligatory). Thereafter, at
every forty a two year old bull or cow will be wajib (obligatory). At every thirty, a one year
old bull or cow will be payable. For example, at seventy, one each two year old and one
year old will be given. At eighty, two two year olds, at ninety, three one year olds and at
one hundred, two one year olds and one two year old will be wajib (obligatory). So, too, at
every thirty one one-year old and at every forty one two year old will be paid towards
zakah (Annual uue charity).
1 Abu Dawud # 1574, Tirmidhi # 620, Nasa'i # 2477, Ibn Majah # 1790, Darimi # 1629, Musrad
Ahmad # 1-92, (The second version) Abu Dawud # 1572.

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While Imam Abu Yusuf als, and Imam Muhammad als, agree with Ibn Hajar ales, on
his verdict that no zakah (Annual due charity) is wajib (obligatory) on cows or bulls in excess
of forty till their number reaches sixty, Imam Abu Hanifah als, said that zakah (Annual
due charity) will be calculated and paid for the number above forty till it reaches sixty. At
sixty, two one years old will be wajib (obligatory) and rest of the payment will be
according to the foregoing outline. Thus, if the number is even one above forty one
fortieth of a two year old or one thirtieth of a one year old - meaning the value of these
(in cash) - will have to be paid. For any number above it, calculation shall be made in this
manner. The writer of the Hadiyah and his followers opine that this contention of Imam
Abu Hanifah als, is the only reliable.1
As for nothing being wajib (obligatory) on animals being put to work, any of the animals that
are used for need, like bull or ox to draw water or carry load then, even if their number
reaches the nisab, zakah (Annual due charity) on them is not wajib (obligatory). The same
command applies to camels, etc. while Imam Abu Hanifah alwasy. Imam Shafi'I alas, and
Imam Ahmad ibn Hanbal and>, abide by this hadith, Imam Maalik al des, says that zakah
(Annual due charity) is wajib (obligatory) on these animals too.
(١٨٠٠) وَعَنْ مُعَاذٍ أَثّ النَِّيَّ صَلَّى اللَّهُ عَلَيْهِ وَسَلَّمَ لَمَّا وَجَّهَهُ إِلَى الْتُمِنِ آَمَرَهُ أَنْ يَأْخُذَ مِنَّ الْبَقَرِ مِنْ كُلِّ
ثَلَاثِيْنَ تَبِيْئًا أَوْ تَبِيْعَةً وَمِنُ كُلِّ ارْبَعِيْنَ مُسِنَّةً(رواه ابوداود والترمذى والنسائى والدارمى)
صلى الله عليه narrated that when the Prophet Muhammad رضى الله عنه Sayyiduna Mu'adh .1800
dy sent him to Yemen, he instructed him to take (as zakah (Annual due charity)) a
one year old male or female calf for every thirty cows, and a cow in its third year for
every forty cows.2
SINFUL TO COLLECT MORE ZAKAH (ANNUAL DUE CHARITY) THAN DUE
(١٨٠١) وَعَنْ أَنَسٍ قَالَ قَالَ رَسُولُ اللَّهِ صَلَّى اللَّهُ عَلَيْهِ وَسَلَّمَ الْمُعْتَدِىُّ فِي الصَّدَقَةِ گمَا نِعِهَا(رواهابوداود والترمذى)
1801. Sayyiduna Anas رضى الله عنه narrated that Allah's Messenger صلى الله عليه وسلم said, "He
who exceeds in collecting zakah (Annual due charity), more than due is like one
who does not pay zakah (Annual due charity)."3
(It is as much a sin to collect more as it is to fail to pay the due)
GRAIN & DATES
(١٨٠٢) وَعَنْ آَبِيْ سَعِيْدِ الْخُدْرِيِّ آَّ النَّبِيِّ صَلَّى اللهُ عَلَيْهِ وَسَلَّمَ قَالَ لَّيْسَ فِي حَتٍ وَلَا تَمْرٍ صَدَقَةٌ حَتَّى يَبْلُغَ
خَمْسَةَ آؤُسُقٍ(رواه النسائى)
1802. Sayyiduna Abu Sa'eed al-Khudri ca+, narrted that the Prophet Muhammad
file à o said, "No sadaqah (charity) (zakah (Annual due charity)) is payable on
grain and dates till they are five awsaq (or five camel load in quantity).4
1 An animal one year old is described as in its second year a two year old as in its third year, and so
on.
2 Abu Dawud # 1578, Tiimidhi # 623, Nasa'i # 450, Ibn Majah # 1803, Darimi # 1624.
3 Abu Dawud # 1585, Tirmidhi # 646, Ibn Majah # 1808.
4 Muslim # 5-979, Nasa'i # 2485, Musnad Ahmad 3-502.

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COMMENTARY: Zakah (Annual due charity) payable on these two items is mentioned in
hadith # 1794. The wasq is defined there.
(١٨٠٣) وَعَنْ مُؤْسَى بْنِ طَلْحَةً قَالَ عِنْدَنَا كِتَابُ مُعَاذِ بْنِ جَبَلٍ عَنِ النَّبِيِّ صَلَّى اللهُ عَلَيْهِ وَسَلَّمَ أَنَّهُ قَالَ إِنَّمَا
آمَرَهُ أَنْ يَّاخُذَ الصَّدَقَةَ مِنَ الْمِنْطَةِ وَالشَّعِيْرِ وَالزَّبِيْبِ وَالتَّعْرِ مُرْسَلْ (رواه فى شرح السنة)
1803. Sayyiduna Musa ibn Talhah al >, narrated that they had the letter of
(Sayyiduna) Mu'adh ibn Jabal رحمه الله from the Prophet Muhammad صلى الله عليه وسلم . He
said that the Prophet Muhammad ,la . had instructed him to collect sadaqah
(charity) on wheat, barley, raisins and dates.1
This hadith is mursal. It is transmitted by sharh us Sunnah.
COMMENTARY: This does not mean that zakah (Annual due charity) is wajib (obligatory) on
only these four produce of land. Rather, according to Imam Shafi'I dus, zakah (Annual due
charity) is levied on every produce of land that can be food for a human being and
according to the Hanafis, zakah (Annual due charity) is payable on every produce of the land
whether it is food or not for life. This hadith refers to only four things as a particular case
because they were available in that area.
ZAKAH (ANNUAL DUE CHARITY) ON GRAPES
(١٨٠٤) وَعَنْ عَتَّابٍ بْنِ أُسَيْدٍ آَّ النَّبِيِّ صَلَّى اللهُ عَلَيْهِ وَسَلَّمَ قَالَ فِيْ زَكَاةِ الْكُرُوُمِ أَنََّا تُخْرَضُ كَمَا تُخْرَصُ
-
النَّخْلُ ثُؤَّ تُؤَذِى زَكَاتُهُ زَّبِيْبَّا كَمَا تُؤَّدی زَكَاةُ النَّخْلِ تَمْرًا(رواه الترمذى وابوداود)
1804. Sayyiduna Attab ibn Usayd wa, narrated that the Prophet Muhammad a.
she said about zakah (Annual due charity) on (vines or) grapes that they should
be estimated as dates are estimated. Then zakah (Annual due charity) on them
should be paid when they dry (as raisins) just as zakah (Annual due charity) is paid
on dates when they are dry.2
COMMENTARY: When grapes and dates become sweet, an expert can estimate their
quantity because they are dry.
Imam Abu Hanifah als, said that when they are dry, one tenth of their quantity whatever
it is should be paid towards zakah (Annual due charity).
However, Imam Abu Yusuf and Imam Muhammad, the two companions of Imam Abu
Hanifah als), and Imam Shafi'I altas, said that zakah (Annual due charity) at one-tenth will
be paid when they reach the limit of nisab which is five wasq.
(١٨٠٥) وَعَنْ سَهْلِ بْنِ أَبٍ حَثْمَةً حَدَّثَ آَّ رَسُولَ اللَّهِ صَلَّى اللهُ عَلَيْهِ وَسَلَّمَ كَاتَ يَقُوْلُ إِذَا خَرَصْتُمْ
فَخُذُوْا وَدَعُوا القُّلُثَ فَإِنْ لَّمْ تَدَعُوا القُّلُكَ فَدَعُوا الرُّبُةَ(رواه الترمذى وابوداود والنسائى)
1805. Sayyiduna Sahl ibn Abu Hathmah was+, narrated that Allah's Messenger
ole à used to say, "When you have estimated (the zakah (Annual due charity) on
1 Musnad Ahmad 5-228, Daraqutni # 8.
2 Abu Dawud # 1603, Tirmidhi # 644, Nasa'i # 2618, Ibn Majah # 1819.
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grapes and dates), take away (two thirds of them) and leave one-third, but if you
will not spare one third then leave one-fourth (at least)."1
COMMENTARY: This address is to the collectors of zakah (Annual due charity). They were
instructed to first determine the zakah (Annual due charity) payable and then take two thirds
of it and spare one third so that the owner may feed his neighbours and travellers. Imam
Abu Hanifah als, and Imam Maalik atu>> give their verdict on this basis and though
Imam Shafi'I als, had originally subscribed to this view yet later he said that the amount
of zakah (Annual due charity) is wajib (obligatory) and nothing should be spared from it.
He said that this hadith concerns the Jews of Khaybar. The Prophet Muhammad ,leal.
had agreed with them share-cropping at half the produce of dates for them and half for
him. Hence, he gave this command to the men deputed to estimate the produce of dates
there. They were to leave for the Jews as a gesture of good will one third or one fourth of
the dates and then divide the rest half and half. They were to hand over one half to the
Jews and send the other to the Prophet's صلى اللهعليه وسلم court.
ESTIMATE OF DATE
(١٨٠٦) وَعَنْ عَائِشَةً قَالَتْ كَاتَ النَّبِىُّ صَلَّى اللهُ عَلَيْهِ وَسَلَّمَ يَبْعَثُ عَبْدَ اللَّهِ بْنَ رَوَاحَةً إِلَى يَهُوْدَ فَيَخْرُصُ
النَّخْلَ حِيْنَ تَطِيُبُ قَبْلَ ا يُؤْكُلٌ مِنْهُ(رواه ابوداؤد)
صلى الله عليه وسلم narrated that the Prophet Muhammad رضى الله عنها Sayyidah Ayshah .1806
used to send (Sayyiduna) Abdullah ibn Rawahah As a +, to the Jews. He would
make an estimate of the dates when they were ready (and sweet) but before they
were eaten at all.2
ZAKAH (ANNUAL DUE CHARITY) ON HONEY
(١٨٠٧) وَعَنِ ابْنِ عُمَرَ قَالَ قَالَ رَسُولُ اللَّهِ صَلَّى اللّهُ عَلَيْهِ وَسَلَّمَ فِى الْعَسْلِ فِى كُلِّ عَشْرَةٍ آَزُقٍّ زِقّ- رَوَاءُ
التِّرْمِذِىُّ وَقَالَ فِي إِسْنَادِهِ مَقَالْ وَلَا يَصُِّ عَنِ النَّبِيِّ صَلَّى اللهُ عَلَيْهِ وَسَلَّمَ فِى هُذَا الْتَابِ گَمِيرُشِئٍ-
صلى الله عليه وسلم narrated that Allah's Messenger رضى الله عنه Sayyiduna Ibn Umar .1807
said about honey that on every ten skins, one skin is paid towards zakah
(Annual due charity).3
Tirmidhi said that the isnad of the hadith is not sound. Moreover, most of the
ahadith on this subject are weak.
COMMENTARY: The imams differ on this subject. Imam Shafi'I alda>, said that there is no
zakah (Annual due charity) on honey. Imam Abu Hanifah als, said that zakah (Annual due
charity) is payable on honey irrespective of its quantity provided it is from ushri land. He
cites the hadith: 'The ushr is wajib (obligatory) on every produce of land.' He maintained
that it is also wajib (obligatory) to pay one-tenth on the honey collected from mountains.
ZAKAH (ANNUAL DUE CHARITY) ON JEWELLERY
(١٨٠٨) وَعَنْ زَيْتَبَ امْرَأَةٍ عَبْدِ اللّهِ قَالَتْ خَطَبَنَا رَسُولُ اللَّهِ صَلَّى اللّهُ عَلَيْهِ وَسَلَّمَ فَقَالَ يَا مَعْشَرَ النِّسَآءِ
1 Abu Dawud # 1605, Tirmidhi # 643, Nasa'i # 2491, Darimi # 3619, Musnad Ahmad 3-448.
2 Abu Dawud # 1606, Ibn Majah # 1820, Muwatta Maalik #1 (Muqaqah) Musnad Ahmed 2.24.
3 Tirmidhi # 269.