Text copied Link copied

Al-Fatawa – home

﴿ فَاسْأَلُوا أَهْلَ الذِّكْرِ إِن كُنتُمْ لَا تَعْلَمُونَ ﴾

Scholar
Search mode

Does the one who fights the imam over the zakah become a disbeliever?

Machine translationRead the Arabic original
Question : And does the one who fights the imam over the zakah become a disbeliever? There are two narrations on this. One is that he becomes a disbeliever, based on the saying of Allah the Exalted:
But if they repent, establish prayer, and give zakah, then they are your brothers in religionفَإِن تَابُوا وَأَقَامُوا الصَّلَاةَ وَآتَوُا الزَّكَاةَ فَإِخْوَانُكُمْ فِي الدِّينِ
[At-Tawbah 9:11]
This indicates that they are not brothers in religion except by paying it. Also, al-Siddiq (may Allah be pleased with him) said to the one who withholds the zakah: "No, until you testify that
Our slain are in Paradise, and your slain are in the Fireقتلانا في الجنة وقتلاكم في النار
Sunan al-Bayhaqi 16:279
The second narration is that he does not become a disbeliever, because the Companions (may Allah be pleased with them) initially refrained from fighting them, which indicates that they did not believe them to be disbelievers. Then they agreed to fight, and the state of disbelief remained as the default.

Answer : The default is that they are not disbelievers. However, among the apostates in the time of Abu Bakr (may Allah be pleased with him), some said, "We do not pay the zakah because it is a jizyah, or like a jizyah," so they refused to pay. These are fought as apostates because they denied its obligation. As for those who denied it out of stinginess, or said, "We do not pay it except to the Messenger (peace and blessings be upon him), and we do not pay it to anyone after him," these are not killed for disbelief, but they are fought and killed until they surrender.
Source قناة «فضيلة الشيخ محمد بن صالح العثيمين»، 2397 - هل يكفر من قاتل الإمام على الزكاة؟ الكافي في فقه الإمام أحمد بن حنبل - ابن عثيمين — youtube.com

The Arabic text is a machine transcription of the audio recording.

Flag this fatwa