The discussion regarding the definition of zakah and its conditions.
Machine translationRead the Arabic original
The Shaykh : What is zakah in the Shari'ah?
The questioner : It is a specific amount of wealth to be paid out at a specific time.
The Shaykh : It is a specific amount of wealth to be paid out at a specific time. Is there a more precise definition than this?
The questioner : ... .
The Shaykh : Now, what is the rank of zakah in Islam, Yahya?
The questioner : ... .
The Shaykh : It is the third pillar of what?
The questioner : ... .
The Shaykh : Now, did anyone disagree on its obligation?
The questioner : ... .
The Shaykh : Yes, its obligation is by the consensus of the Muslims, but they disagreed on some matters regarding whether it is obligatory or not. Now, zakah has conditions, meaning the obligation of zakah has conditions. How many?
The questioner : Five.
The Shaykh : Five.
The questioner : ... .
The Shaykh : How? Freedom, Islam, the completion of the lunar year and its stability, meaning the stability of the lunar year?
The questioner : Ownership of the nisab and its stability.
The Shaykh : Yes, well done. What is the completion of the lunar year? What is the opposite of Islam, Ibn Dawud? Yes.
The questioner : ... .
The Shaykh : Is zakah not obligatory on the disbeliever?
The questioner : It is not obligatory on him unless he becomes a Muslim.
The Shaykh : If he becomes a Muslim, does he make up what was missed? How do you say he does not become a Muslim?
The questioner : Meaning, he is first called to Islam; if he becomes a Muslim, it becomes obligatory on him.
The Shaykh : The question is: Is zakah obligatory on the disbeliever?
The questioner : It is not obligatory.
The Shaykh : It is not obligatory. Okay, is he punished for it?
The questioner : Yes.
The Shaykh : What is the evidence?
The questioner : His saying, Glorified and Exalted is He:[Al-Muddaththir 74:42-47].
The Shaykh : Okay, so what is the benefit of us saying that it is not obligatory on him? Khalid...
The questioner : ... .
The Shaykh : Yes, and we do not order him to make it up if he becomes a Muslim. Okay, what is the evidence that he is not required to pay it if he becomes a Muslim?
The questioner : That Allah, Glorified and Exalted is He, made Islam a condition.
The Shaykh : The evidence, the evidence other than the reasoning. What is the evidence that he is not required to pay it? Yasser? Khalil?
The questioner : ... .
The Shaykh : No, no.
The questioner : ...
The Shaykh :[Al-Anfal 8:38]. Now, let's go, Zaki. Freedom. What is the opposite of freedom? Zakah is obligatory with five conditions, one of which is freedom. So what is the opposite of freedom?
The questioner : Slavery.
The Shaykh : Slavery. Why is it not obligatory on the slave?
The questioner : Because zakah is obligatory on the owner, and the slave does not own.
The Shaykh : Because it is obligatory on the owner, and the slave does not own. Now, how does he not own when the Prophet (peace and blessings be upon him) said:Musannaf Abd al-Razzaq 18:546.
The questioner : This is an addition... and not...
The Shaykh : The proof?
The questioner : His saying, peace and blessings be upon him: "Whoever sells a slave, his wealth belongs to his master."
The Shaykh :, the hadith is .
The questioner :Sunan Ibn Majah 2211Sahih (Darussalam) .
The Shaykh : Yes, so the addition here is an addition of specification, not ownership, just as you say "the rein of the she-camel," yes? "The sea of the camel" and the like. Now, ownership of the nisab, Abdullah. What is its opposite?
The questioner : That he does not own a nisab.
The Shaykh : Or does he own a part?
The questioner : A part of the nisab.
The Shaykh : Or does he own a part of the nisab. Now, what is the evidence for the condition of owning the nisab?
The questioner : Owning the nisab?
The Shaykh : Yes.
The questioner : Because the amounts of zakah were defined.
The Shaykh : If we say "because," that is reasoning.
The questioner : The proof?
The Shaykh : Yes, what is required, brothers, is the evidence for the condition of owning the nisab and that it is necessary for the person to have a nisab.
The questioner :[At-Tawbah 9:36] .
The Shaykh : What is the aspect of indication?
The questioner : ... .
The Shaykh : No, no, there is no evidence in that. Say it yourself, here.
The questioner : ... His saying, the Exalted:[Al-An'am 6:141].
The Shaykh : No.
The questioner : ... .
The Shaykh : But "there is no zakah in wealth until it reaches the nisab" is from your own pocket!
The questioner : ... .
The Shaykh : No... until it becomes twenty dinars. Anyway, he pointed outSunan an-Nasa'i 2487Sahih (Darussalam) that the Messenger (peace and blessings be upon him) gathered them in one hadith, which indicates that it is necessary to own the nisab. They also reasoned with a cause, saying: "Because what is less than that cannot bear generosity." The one who has less than the nisab, his wealth cannot bear generosity. Okay.
The author said: "And its stability," the stability of ownership. Ahmad? Yes, what does he mean by its stability? What is its opposite?
The questioner : ... .
The Shaykh : What, yes, what is its opposite, well... What is its opposite?
The questioner : ... .
The Shaykh : For example?
The questioner : The wealth of the mukatab (a slave who has a contract to buy his freedom) that is with the slave but belongs to his master, because the slave may...
The Shaykh : And his ownership belongs to his master. Okay, and other than that?
The questioner : Like a lease.
The Shaykh : No, a lease. If the period is completed, it is stable.
The questioner : The wealth of the mudarib (the partner in a profit-sharing partnership).
The Shaykh : Meaning the share of the mudarib from the profit.
The questioner : From the profit.
The Shaykh : Okay, the share of the mudarib from the profit has no zakah because it is a protection for the capital. Do you visualize this issue or not? I gave a person one hundred thousand to trade with, so the hundred thousand made a profit of ten thousand. I have half of it, and the mudarib worker has half of it. Five thousand for the mudarib has no zakah. Why?
The questioner : Because it is exposed to loss.
The Shaykh : Because it is exposed to loss, and it is a protection for the capital. If the capital is lost, it would not be there, and he would have nothing. And the share of the capital owner from the profit has zakah because it follows a stable principal. Okay, what is excluded from the condition of the completion of the lunar year? Yes?
The questioner : ... because it.
The Shaykh : This is one. Wait, do not reason for the second one? This is one. The second one?
The questioner : The second one is the offspring of grazing livestock.
The Shaykh : And the third?
The questioner : The profit of trade.
The Shaykh : The profit of trade. Okay, these are three.
The questioner : Buried treasure.
The Shaykh : Buried treasure. If we say that the fifth obligatory in it is zakah, yes?
The questioner : Honey.
The Shaykh : Honey, yes.
The questioner : Mines.
The Shaykh : Mines. A lease, according to the opinion of Shaykh al-Islam Ibn Taymiyyah, because he holds that as soon as the lease is received, its zakah is paid out, because it is like the fruit. An example of the profit of trade? Misha'ish? Yes? An example of the profit of trade that has not had a lunar year pass over it, and we obligated zakah in it. There is no god but Allah, yes, close. Yes, you.
The questioner : ... When the year is completed, he pays zakah on fifteen thousand.
The Shaykh : When the first year is completed, or the second? The first year. He pays zakah on fifteen thousand, even though the five thousand has only had half a year pass over it, but this... yes?
The questioner : Because it is profit.
The Shaykh : Because it is trade profit, it follows the principal, and it is based on the rule: "That which does not exist independently exists as a follower". Okay, an example of the offspring of grazing livestock? You.
The questioner : The offspring of grazing livestock?
The Shaykh : Yes.
The questioner : Like...
The Shaykh : Like the one who said livestock, yes, he gave an example?
The questioner : ... He has thirty-nine sheep, and the completion of the lunar year...
The Shaykh : No, because thirty-nine has not reached the nisab.
The questioner : ... Forty, and he...
The Shaykh : Okay, he has forty sheep, and one month before the completion of the lunar year.
The questioner : ... .
The Shaykh : Okay, and each one gave birth to one, so he has eighty. Okay, does the zakah increase with this?
The questioner : ... .
The Shaykh : Yes, okay, no harm, you are excused. Yes? The one behind you.
The questioner : Its example is that there is... a head of sheep.
The Shaykh : Yes.
The questioner : Then each one gives birth to a head.
The Shaykh : One month before the lunar year, each one gave birth.
The questioner : ... .
The Shaykh : Yes.
The questioner : Gave birth.
The Shaykh : Each one.
The questioner : A head...
The Shaykh : Yes.
The questioner : So when it is completed...
The Shaykh : He will have one hundred and sixty.
The questioner : Does he pay its zakah as two sheep?
The Shaykh : He pays the zakah.
The questioner : Its zakah is two sheep.
The Shaykh : Well done.
The questioner : Two sheep.
The Shaykh : Correct? No, there is no language with the alif, stay as you are. Okay, did we understand or not? This is the offspring of grazing livestock. Okay, and the reason it is not conditioned is because it is like the profit of trade, and because the workers whom the Messenger (peace and blessings be upon him) sends do not ask people, saying "When were the animals you have born?" They take it in a general way.
The questioner : It is a specific amount of wealth to be paid out at a specific time.
The Shaykh : It is a specific amount of wealth to be paid out at a specific time. Is there a more precise definition than this?
The questioner : ... .
The Shaykh : Now, what is the rank of zakah in Islam, Yahya?
The questioner : ... .
The Shaykh : It is the third pillar of what?
The questioner : ... .
The Shaykh : Now, did anyone disagree on its obligation?
The questioner : ... .
The Shaykh : Yes, its obligation is by the consensus of the Muslims, but they disagreed on some matters regarding whether it is obligatory or not. Now, zakah has conditions, meaning the obligation of zakah has conditions. How many?
The questioner : Five.
The Shaykh : Five.
The questioner : ... .
The Shaykh : How? Freedom, Islam, the completion of the lunar year and its stability, meaning the stability of the lunar year?
The questioner : Ownership of the nisab and its stability.
The Shaykh : Yes, well done. What is the completion of the lunar year? What is the opposite of Islam, Ibn Dawud? Yes.
The questioner : ... .
The Shaykh : Is zakah not obligatory on the disbeliever?
The questioner : It is not obligatory on him unless he becomes a Muslim.
The Shaykh : If he becomes a Muslim, does he make up what was missed? How do you say he does not become a Muslim?
The questioner : Meaning, he is first called to Islam; if he becomes a Muslim, it becomes obligatory on him.
The Shaykh : The question is: Is zakah obligatory on the disbeliever?
The questioner : It is not obligatory.
The Shaykh : It is not obligatory. Okay, is he punished for it?
The questioner : Yes.
The Shaykh : What is the evidence?
The questioner : His saying, Glorified and Exalted is He:
(42) [And asking them], "What put you into Saqar?" (43) They will say, "We were not of those who prayed, (44) Nor did we used to feed the poor. (45) And we used to enter into vain discourse with those who engaged [in it], (46) And we used to deny the Day of Recompense (47) Until there came to us the certainty."
ما سلككم في سقر* قالوا لم نك من المصلين * ولم نك نطعم المسكين * وكنا نخوض مع الخائضين * وكنا نكذّب بيوم الدين * حتى أتانا اليقينThe Shaykh : Okay, so what is the benefit of us saying that it is not obligatory on him? Khalid...
The questioner : ... .
The Shaykh : Yes, and we do not order him to make it up if he becomes a Muslim. Okay, what is the evidence that he is not required to pay it if he becomes a Muslim?
The questioner : That Allah, Glorified and Exalted is He, made Islam a condition.
The Shaykh : The evidence, the evidence other than the reasoning. What is the evidence that he is not required to pay it? Yasser? Khalil?
The questioner : ... .
The Shaykh : No, no.
The questioner : ...
The Shaykh :
Say to those who have disbelieved [that] if they cease, what has previously occurred will be forgiven for them
قل للذين كفروا إن ينتهوا يغفر لهم ما قد سلفThe questioner : Slavery.
The Shaykh : Slavery. Why is it not obligatory on the slave?
The questioner : Because zakah is obligatory on the owner, and the slave does not own.
The Shaykh : Because it is obligatory on the owner, and the slave does not own. Now, how does he not own when the Prophet (peace and blessings be upon him) said:
Whoever sells a slave who has wealth
من باع عبدا له مالThe questioner : This is an addition... and not...
The Shaykh : The proof?
The questioner : His saying, peace and blessings be upon him: "Whoever sells a slave, his wealth belongs to his master."
The Shaykh :
who has wealth
له مالwho has wealth
له مالThe questioner :
who has wealth, his wealth belongs to the seller, unless the purchaser stipulated a condition
له مال فماله للذي باعه إلا أن يشترط المبتاعThe Shaykh : Yes, so the addition here is an addition of specification, not ownership, just as you say "the rein of the she-camel," yes? "The sea of the camel" and the like. Now, ownership of the nisab, Abdullah. What is its opposite?
The questioner : That he does not own a nisab.
The Shaykh : Or does he own a part?
The questioner : A part of the nisab.
The Shaykh : Or does he own a part of the nisab. Now, what is the evidence for the condition of owning the nisab?
The questioner : Owning the nisab?
The Shaykh : Yes.
The questioner : Because the amounts of zakah were defined.
The Shaykh : If we say "because," that is reasoning.
The questioner : The proof?
The Shaykh : Yes, what is required, brothers, is the evidence for the condition of owning the nisab and that it is necessary for the person to have a nisab.
The questioner :
Indeed, the number of months with Allah is twelve [lunar] months
إن عدّة الشّهور عند الله اثنا عشر شهراThe Shaykh : What is the aspect of indication?
The questioner : ... .
The Shaykh : No, no, there is no evidence in that. Say it yourself, here.
The questioner : ... His saying, the Exalted:
give its due [zakah] on the day of its harvest
وأتوا حقه يوم حصادهThe Shaykh : No.
The questioner : ... .
The Shaykh : But "there is no zakah in wealth until it reaches the nisab" is from your own pocket!
The questioner : ... .
The Shaykh : No... until it becomes twenty dinars. Anyway, he pointed out
It was narrated from Abu Sa'eed Al_khudri that the Prophet said: "No sadaqah is due on less than five Awaq, no Sadaqah is due on less than five Dhawd, no Sadaqah is due on less than five Awsuq."
ليس فيما دون خمسة أوسق صدقة ولا فيما دون خمس أواق صدقة ولا فيما دون خمس ذود صدقةThe author said: "And its stability," the stability of ownership. Ahmad? Yes, what does he mean by its stability? What is its opposite?
The questioner : ... .
The Shaykh : What, yes, what is its opposite, well... What is its opposite?
The questioner : ... .
The Shaykh : For example?
The questioner : The wealth of the mukatab (a slave who has a contract to buy his freedom) that is with the slave but belongs to his master, because the slave may...
The Shaykh : And his ownership belongs to his master. Okay, and other than that?
The questioner : Like a lease.
The Shaykh : No, a lease. If the period is completed, it is stable.
The questioner : The wealth of the mudarib (the partner in a profit-sharing partnership).
The Shaykh : Meaning the share of the mudarib from the profit.
The questioner : From the profit.
The Shaykh : Okay, the share of the mudarib from the profit has no zakah because it is a protection for the capital. Do you visualize this issue or not? I gave a person one hundred thousand to trade with, so the hundred thousand made a profit of ten thousand. I have half of it, and the mudarib worker has half of it. Five thousand for the mudarib has no zakah. Why?
The questioner : Because it is exposed to loss.
The Shaykh : Because it is exposed to loss, and it is a protection for the capital. If the capital is lost, it would not be there, and he would have nothing. And the share of the capital owner from the profit has zakah because it follows a stable principal. Okay, what is excluded from the condition of the completion of the lunar year? Yes?
The questioner : ... because it.
The Shaykh : This is one. Wait, do not reason for the second one? This is one. The second one?
The questioner : The second one is the offspring of grazing livestock.
The Shaykh : And the third?
The questioner : The profit of trade.
The Shaykh : The profit of trade. Okay, these are three.
The questioner : Buried treasure.
The Shaykh : Buried treasure. If we say that the fifth obligatory in it is zakah, yes?
The questioner : Honey.
The Shaykh : Honey, yes.
The questioner : Mines.
The Shaykh : Mines. A lease, according to the opinion of Shaykh al-Islam Ibn Taymiyyah, because he holds that as soon as the lease is received, its zakah is paid out, because it is like the fruit. An example of the profit of trade? Misha'ish? Yes? An example of the profit of trade that has not had a lunar year pass over it, and we obligated zakah in it. There is no god but Allah, yes, close. Yes, you.
The questioner : ... When the year is completed, he pays zakah on fifteen thousand.
The Shaykh : When the first year is completed, or the second? The first year. He pays zakah on fifteen thousand, even though the five thousand has only had half a year pass over it, but this... yes?
The questioner : Because it is profit.
The Shaykh : Because it is trade profit, it follows the principal, and it is based on the rule: "That which does not exist independently exists as a follower". Okay, an example of the offspring of grazing livestock? You.
The questioner : The offspring of grazing livestock?
The Shaykh : Yes.
The questioner : Like...
The Shaykh : Like the one who said livestock, yes, he gave an example?
The questioner : ... He has thirty-nine sheep, and the completion of the lunar year...
The Shaykh : No, because thirty-nine has not reached the nisab.
The questioner : ... Forty, and he...
The Shaykh : Okay, he has forty sheep, and one month before the completion of the lunar year.
The questioner : ... .
The Shaykh : Okay, and each one gave birth to one, so he has eighty. Okay, does the zakah increase with this?
The questioner : ... .
The Shaykh : Yes, okay, no harm, you are excused. Yes? The one behind you.
The questioner : Its example is that there is... a head of sheep.
The Shaykh : Yes.
The questioner : Then each one gives birth to a head.
The Shaykh : One month before the lunar year, each one gave birth.
The questioner : ... .
The Shaykh : Yes.
The questioner : Gave birth.
The Shaykh : Each one.
The questioner : A head...
The Shaykh : Yes.
The questioner : So when it is completed...
The Shaykh : He will have one hundred and sixty.
The questioner : Does he pay its zakah as two sheep?
The Shaykh : He pays the zakah.
The questioner : Its zakah is two sheep.
The Shaykh : Well done.
The questioner : Two sheep.
The Shaykh : Correct? No, there is no language with the alif, stay as you are. Okay, did we understand or not? This is the offspring of grazing livestock. Okay, and the reason it is not conditioned is because it is like the profit of trade, and because the workers whom the Messenger (peace and blessings be upon him) sends do not ask people, saying "When were the animals you have born?" They take it in a general way.