The Chennai Treatise.doc

7/25/2019 The Chennai Treatise.doc

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THE CHENNAI TREATISE

ON

ANNUALPAYMENT

OF ZAKAAH

by

Dr. Abu Ameenah Bia Phii!"

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CONTENTS

F#re$#r% &

In'r#%u('i#n )

Cha!'er One* The Obi+a'i#n #, Za-aah )

Cha!'er T$#* Annua Pa/men' #, Za-aah 0

C#n(u"i#n 12

A!!en%i3

Arabic Text and English Translation

10

Bibi#+ra!h/ &4

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FORE5ORD

uring my visit to Chennai (formerly knonas !adras"# $ndia# for a series of lectures in

the %inter of 2&&2# $ as confronted ith a

Fiqh issue concerning the annual 'ayment of

Zakaaharound hich there as much controversy at

the time $ immediately addressed it and dealt ith it

in some of my lectures as thoroughly as as'ossible# given the limited reference resources hich

ere available to me and the time constraints of my

lecture schedule

D)or most 'eo'le ho attended my lectures in

Chennai# my ansers backed u' ith evidences

ere satisfactory *oever# for those ho erestaunch folloers of the local scholar ho had made

the controversialfatwaas (ruling"# it became obvious

that a more detailed refutation as necessary

)urthermore# $ as informed that one of the highly

res'ected local scholars from the $bn al+,ayyim

Center had re-uested the brother to debate thesub.ect on more than one occasion# but to no avail

/n my return to the 0AE# the brothers ho

organied my lecture tour# informed me that the

local scholar had claimed that the evidences that $

had used ere not authentic# conse-uently the


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controversy as raging again They regularly

contacted me asking for my ritten res'onse and

sent me the scholars Arabic com'ilation indicating

that the commonly used evidences ere inauthentic

After revieing the Arabic text# it became

obvious that the res'onse as not hat it as

'ur'orted to be )urthermore# it even contained

some of the arguments in su''ort of the standard

'osition ofAhlus-Sunnah wal-Jamaaah. $ informed

the brothers in Chennai of that fact and eventranslated the scholars Arabic res'onse for them1

*oever# that did not 'rove to be sufficient

Conse-uently# in res'onse to re'eated

re-uests# hich also emanated from other 'arts of

$ndia# like angalore# ombay# etc# $ finally decided

to 'ut this treatise together Another ma.or reason forcom'iling this detailed refutation as the fact that

the student of knoledgesfatwaa had led to many

leading $ndian businessmen# and middle class

'rofessionals abandoning the 'ayment of their

Zakaah.

As regards the treatise itself# for the benefitof the general 'ublic# $ have added a general

introduction to clarify the fundamental 'rinci'les

that should be used in dealing ith issues of this

1$t has been added to the treatise as an a''endix

5


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nature as ell as issues involving innovation

(bidah" in general

!ay Allaah acce't this effort as being solely

for *is 'leasure and add it to my scale of good deeds

as ell as the scales of all ho have hel'ed in

'ublishing and distributing it

6r Abu Ameenah ilal 7hili's

6ean of the 6e'artment of $slamic 8tudies7reston 0niversity+A.man# 0AE

9ovember# 2&&2

:


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;


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INTRODUCTION

ue"'i#n*I" i' a re6uiremen' 'ha'Zakaahbe !ai% ,#r $ea'h #n $hi(h Zakaah ha"

!re7i#u"/ been !ai%8 i, i' remain" ab#7e

'he nisaab 9'he minimum e3em!'i#n imi':; I' ha"

been ar+ue% b/ a !ar'i(uar "(h#ar in Chennai8

In%ia8 'ha' 'here are n# au'hen'i( hadeeths '#

"u!!#r' 'hi" !#"i'i#n an% 'ha' ,ur'herm#re8Zakaah i" !uri,i(a'i#n #, $ea'h8 $hereb/8 #n(e

%#ne8 i' i" area%/ !ure an% n#' in nee% #, refasting in ?amadaan@ is an

obligation# and they do not state >fasting every

?amadaan@ /r 'roof that a 'erson can make Hajj

more than once# considering that the 7ro'het ("

only made it once in his lifetime and Allaah said that

'ilgrimage to !akkah is an obligation ithout

indicating that it may be done re'eatedly These and

similar issues must be taken back to the 'rinci'le of>the ay of the believers@ as mentioned in the verse

!

"

#

()'&$

*

+,)

-

"./0,1

=5h#e7er (#n'ra%i('" 'he Me""en+er a,'er

+ui%an(e ha" been ma%e (ear '# him8 an% ,##$"

a $a/ #'her 'han 'ha' #, 'he beie7er"8 I $i ea7e

him '# hi" #$n mean"8 an% !u' him in he> an e7i

en%.? (Srah an-!isaa" 4 11"

1&


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$t is not sufficient to take the ,uraan and 8unnah

and to inter'ret their texts according to ones on

understandings# inde'endent of the ex'lanations of

the Com'anions of the 7ro'het ("# and the

clarifications of the subse-uent generations of

righteous scholars# no matter ho knoledgeable

one may become To ignore their understanding is

the first ste' on a 'ath leading to deviation#

misguidance and destruction as indicated by theabove+mentioned ,uraanic verse# and su''orted by

the hadeeth narrations concerning the :3 sects# The

2 Sunan Abu $awud" vol 3# '' 12=&+1# no 4; and

authenticated in Saheeh Sunan Abee $aawd" vol 3# ' 11+5#

no 4=:

!"#$%&'((!

/2$0/&1"&&%*/.-,+$*(+3 $!45-$6%&70//1$

89:2+/2"+#%&;< =>&

?%&-AAB6?%&!uBaaiyah ibn Abee 8ufyaan relayed that the 7ro'het (" gotu' and s'oke to them# saying# >$ndeed those before you from

the 7eo'le of the ook divided into seventy+to sects And

the 'eo'le ofD this religion ill divide into seventy+three sects#

seventy+to ill be in *ell and one ill be in 7aradise# and it

is theJamaaah@

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7ro'het (" described the saved sect in those

narrations as the one folloing the same 'ath that he

and his com'anions ere on%

# or he described themas being the Jamaaah# or community of reliable

scholarsD As ell as the narrations instructing us to

follo his 8unnah and the sunnah of the ?ighteous

Cali'hs folloing him& )urthermore# general

3

?e'orted by al+*aakim in al-'ustadrak" (1 12;"4 Sunan Abu $awud# vol 3# ' 12=4# no 4= and

authenticated in Saheeh Sunan Abee $aawd# vol 3# '' 11;+

=# no45&:

"#$%&E&F9"0%&1$C)2,+$G"3 G"3 H$I#F

,


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statements of the ,uraan and 8unnah that have

other im'lications# hich ere not acted u'on by the

first generations# cannot be legitimately

im'lemented by later generations# as this is one of

the foundations for innovation (bidBah" )or

exam'le The 7ro'het (" stated

! AA=

$%&1$

6?%&((>(ndeed" Allaahs hand is n the )mmunity.@*

soften 8o someone said# B/ !essenger of Allaah This sounds

like an admonition of one bidding fareell# so hat do you

command usF *e (" re'lied# B( )mmand yu t fear Allaah"

and t hear and bey +the 'uslim rulers," even if he be an

thiian slave. Fr indeed thse f yu wh will live after mewill see many differen)es. S sti)k t my Sunnah and the

sunnah f the ri/htly /uided )alihs0 hld n t it with yur

mlars. And beware f newly invented matters" fr every newly

invented matter is a bidBah +innvatin in the reli/in, and

everybidBahis mis/uidan)e. @?uled authentic by 8haykh al+Albaanee in Saheeh Sunan an-

!asaaee" vol 3# ' ;2# no 4&32

f9?0 #I&0`?`d+%&1$0+6%&gV_h%&!(( '

#7#/64"6->-E>E[="*=90700=&%?6 6c3LN

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and he also said#

;: AA

6?%&,a

R;:

5

%&

T9+U0X3K#PB((>1rayer in )n/re/atin is wrth #2 times mrethan rayer dne individually@3

6?%&Y$%&1$=Y/$"N46?%&BAAiN07#VX%&T

BArfa.ah ibn 8hurayh al+Ash.aBee narrated that the 7ro'het ("

as giving a sermon to the 'eo'le# and he said# >$ndeed there

ill a''ear after me trials and (more" trials 8o homever you

see s'litting from the


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*e also instructed that henever anyone enters the

mas.id# he or she should 'ray to units of 'rayer

before sitting don2*oever# it is not 'ermissible

to 'ray these to units in congregation 8cholars are

of the unanimous o'inion that 'raying 5ahiyyatul-

'asjid in congregation is im'ermissible# even

though the general im'lications of the hadeeths

indicate that it ould be more rearding The reason

being that the 7ro'het (

" and his Com'anions ere

not kno to have ever done that

Among those ho defend the celebration of

the 7ro'hets (" birthday are those ho claim that it

is based on a ,uraanic in.unctionG the verse

*urayrah added# >?ead if you ish @9I "$ear: b/ 'he

m#rnin+ re(i'a'i#n 9#, uraan:8 in%ee% i' i" $i'ne""e%. @:Sahih Al-4ukhari" vol 2# ' 14:# no 254 and Sahih 'uslim"

vol 1# ' 34:# no 14&

/;Pn &%$kd&e##]#


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2+6,*+754+23

8"69:;+6< (1+)+7 +=

=In%ee% Aaah "en%" Hi" h#n#r" an% be""in+" #n

'he Pr#!he' an% Hi" an+e" !ra/ ,#r him. O

beie7er"8 !ra/ ,#r him an% "en% !ea(e an%

be""in+" #n him.? 9Srah al-Ah7aab"33 5"

The -uestion that arises here is 6id the 7ro'het ("

and his com'anions understand this verse in this

ayF $f they did# hy did they not celebrate his

birthday as these 'eo'le doF $f they did not

understand this verse in the ay they claim# it

im'lies that these 'eo'le have a better understanding

of the ,uraan than the Com'anions of the 7ro'het

(" did H !ay Allaah give us refuge from such a

deviant claim $f# on the other hand# they claim that

the Com'anions did understand the verse this ay#

they should first be asked to bring authentic 'roof ofthis claim 8ince no such 'roof can be found# that

ould be sufficient to dis'rove their claim

*oever# even if their claim as acce'ted# for

arguments sake# they ould still be re-uired to

ex'lain hy the Com'anions failed to celebrate the

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7ro'hets birthday hen they kne they ere

su''osed to The claim that they did understand the

verse but failed to follo its instructions is an attack

on their character and 'iety H may Allaah forgive us

from such a false claim Es'ecially hen the 7ro'het

(" as re'orted by Aboo 8aBeed al+Ihudree to have

said

AA&"+bURc"$)N=>o,]=9>+3-Fp$=)-=>

k

B((8$ nt )urse my 9manins. Fr if ne f yu

/ave in )harity the equivalent f 'unt :hud in

/ld" it wuld nt rea)h the equivalent f a handful;

f what they /ave r half f it@5,;>?@

?A#?=E"'abi"h 'he !ra/er8 !a/ 'he Zakaah an% b#$

a#n+ $i'h 'h#"e $h# b#$.?"Srah al-4aqarah"2

43(

There are also texts in the 8unnah that address the

obligation ofZakaah in similarly general terms )or

exam'le#

&06

e#

$%&

6J

&rAA:#$%&:"1&32 times to be exact 243# ;3# 11 1;;# 2::G 4 ::# 152G

12# G : 15G = # 11# 1;# ;1G 1; ;1G 1= 13# 31# G 21 :3G

22 41# :;G 23 4G 24 3:# :G 2: 3G 3& 3=G 31 4G 33 33G 41 :G

; 13G :3 2&G and =;

1=


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1$

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#

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!

;:k%&^/!;Ns%&t c%&"

a

#B(($bn B0mar -uoted the !essenger of Allaah (" as

saying# >(slaam is built n five ?illars@ the

de)laratin that there is n /d wrthy f wrshibesides Allaah and that 'uhammad is the

'essen/er f Allaah0 establishment f 8alaahG

ayment f KakaahG *a..G and fastin/ Bamadaan.@11

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(( B.$bn BAbbaas re'orted that Allaahs !essenger ("

told !uBaath ibn


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and rte)t yurself frm the suli)atin f the

ressed" fr there is n veil between it and

Allaah.@12

Mike most of the other commands in the ,uraan#

these instructions can only be understood 'ro'erly

through the 7ro'hets (" ex'lanations# as conveyed

to us by his Com'anions There are a number of

authentic hadeeths in hich the 7ro'het (" gaves'ecific instructions concerning the items and

-uantities on hichZakaah as due# as ell as the

time it is due Among them is the folloing

narration from BAlee ibn Abee Taalib

+%&e#$%&$n &FY

AA '

I

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"*u%0X X%NuP&FY#3& P12 Sahih Al-4ukhari" vol 2# '' 333+4# no :3 and Sahih

'uslim" vol 1# '' 14+# no 2:

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zk

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(( B

"c%&BAlee ibn Abee Taalib -uoted Allaahs !essenger

(" as saying >6henever yu ssess #>> dirhams13

and a year asses n it" * dirhams is t be aid n

it. Cu are nt liable t ay anythin/ until yu

ssess #> dinars14and a year asses n it" in whi)h

)ase D a dinar is due. 6hatever eE)eeds that will be

13E-uivalent today to 511 grams of silver or# according to 8h

Loosuf ,ardaaees calculation# = grams of silver (Fiqh a7-

Zakaah" vol 1#' 25&+1"14E-uivalent today to ;: grams of gold# or ; grams of gold

according toFiqh a7-Zakaah" vol 1#' 25&+1

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)unted likewise1. And n Kakaah is ayable n

wealth until a year asses n it.@15

&06$(}=

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Kayd ibn Aslam re'orted from $bn B0mar that he-uoted Allaahs !essenger (" as saying >6hever

a)quires wealth has n Kakaah t ay n it until a

year asses n it in the si/ht f his rd.@1:

1The narrator added here >$ am not sure hether BAlee said

Bcounted likeise or he attributed it to the 7ro'het ("@

15Sunan Abu $awud" vol 2# ' 411# no 15; This hadeeth has1& chains of narrationG 4 through al+*aarith ibn BAbdillaah ho

is classified as eak and on that basis this hadeeth through him

is declared daeef (inauthentic"# and 5 narrations through

BAasim ibn 6amrah ho is reliable and hose remaining

narrators are all highly reliable (thiqah" *ence# the hadeethis

authentic# as confirmed by 8haykh al+Albaanee in Saheeh

Sunan Abee $aawd# vol 1# ' 435# no 1:31: Collected by at+Tirmithee This hadeeth has 3 chains# one

mentioned above# through BAbdur+?ahmaan ibn Kayd ibn

Aslam ho is classified unreliable and 2 through 9aafiB ho

along ith the other narrators are considered highly reliable

Conse-uently# 8haykh al+Albaanee classified it as authentic in

Saheeh Sunan at-5irmithee" vol 1# ' 1=5# no 534

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S'a'emen'" #, 'he Sahaabah an% Lea%in+

S(h#ar" #, 'heSalafAyyoob# B0baydullaah ibn B0mar and othersfrom 9aafiB also re'orted that $bn B0mar said

>%hoever ac-uires ealth has noKakaah to 'ay on

it until a year 'asses on it in the sight of his Mord@1;

After narrating this statement of $bn B0mar# $maam

at+Tirmithee ent on to say >$t has been re'orted by

a number of Com'anions1=of the 7ro'het (" that no

Zakaah is re-uired for ac-uired ealth until a year

has 'assed on it# and that is the 'osition of !aalik

ibn Anas# ash+8haafiBee# Ahmad# and $shaa- 8ome

scholars held that N if he ac-uires ealth before the

year 'asses on it# he should 'ay its Zakaah alongith the remainder of his ealth on hich Zakaah is

due This as the 'osition of 8ufyaan ath+Tharee

and the scholars of Iufah@

An+9aaee said >$n our (8haafiBite" vie

and the vies of !aalik# Ahmad and the ma.ority of

scholars# the amount of 'ro'erty liable for 'ayment

of Zakaah" such as gold# silver# or cattle# is tied to

1;Saheeh Sunan at-5irmithee" vol 1# ' 1=:# no 53'uwatta

(mam 'alik"' 133# no 54;1=Al+ayha-ee narrated similar statements from Aboo akr#

BAaishah and BAlee

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the com'letion of the nisaab2& through the 'assage

of a hole year $f the 'ro'erty falls belo the

nisaab at any time during the year# the counting ofD

the year discontinues $f the nisaab is com'leted

later# a ne year count is resumed from the time of

its com'letion@21

/n the other hand# Aboo *aneefah and his

students held that >hat matters is the availability of

the nisaab at the beginning and the end of the year

$ts decrease at any time in beteen does not matter#even though theZakaah'ayer had 2&& dirhams and

lost all of it exce't for one dirham during the year# or

he had 4& shee'# all of hich died exce't for one

during the year $f at the end of the year# he had 2&&

dirhams or 4& shee'# then he must 'ayZakaah on all

of it@22

The texts of the above+mentioned hadeeths

and statements of the Com'anions and leading

scholars clearly indicate thatZakaah is to be 'aid on

ealth henever a year has 'assed on it This is a

general 'rinci'le ithout any restriction regarding

ealth on hich Zakaah has already been 'aid

2&The minimum exem'tion limit# hich is 2 ounces of gold21Fiqh us-Sunnah" vol 3# '' ;+=22$bid

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'reviously !eaning that# if you 'ay this year and

another year 'asses on your ealth# you must 'ay

Zakaah again Those ho claim otherise must

bring textual 'roof to the contrary $t is not sufficient

to sho that some chains of these 'roofs are eak to

establish the contrary /nly textual 'roof to the

contrary can su''ort the claim that onceZakaah has

been 'aid on ealth# it no longer needs to be 'aid

the folloing year $t cannot >logically@ be argued#

as some have tried to do# that Zakaah is the'urification of ealth# therefore# once 'urified# it no

longer needs 'urification Allaah stated in the

,uraan

:B

-"

91'urification@ mentioned in this verse refers to

'urification of their hearts from stinginess#

greed and a lack of sym'athy for the 'oor20The

verse does not state that it is 'urification of the

ealth# though that is a conse-uence $t clearly

states thatZakaah'urifies those ho 'ay it $bn

Iatheer stated in his commentary on this verse

>Allaah commanded *is !essenger (" to take

Sadaqah from the money of !uslims to 'urifyand sanctify them ith it@21 $n fact# the

folloing narration from the 7ro'het (" clearly

confirms that Zakaah 'urifies the individual

himself

#,0+\MzNozNT"0%$%&AA '~0

_R;

Ns%&

u

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J

Y

23Fiqh us-Sunnah"vol 3# ' 2245afsir (bn Gathir" vol 4# ' &;

2;


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+R&03

5+RB((Anas ibn !aalik said >A man from the tribe of

Tameem came to the !essenger of Allaah (" and

said B/ !essenger of Allaah $ have much 'ro'erty#

a large family# a great deal of money# and $ am

gracious to my guests Tell me ho to conduct my

life and ho to s'end my ealth The !essenger ofAllaah (" re'lied# B1ay Kakaahfrm yur rerty"

fr truly it is a urifier whi)h urifies yu. 4e kind

t yur relatives and a)knwled/e the ri/hts f the

r" nei/hbrs and be//ars" and d nt squander

?yur wealth@.@2

2'usnad Ahmad"no 11=4 There is some eakness in its

chain of narrators# hoever# as a su''orting evidence

2=


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3&


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CHAPTER T5O*

Annua Pa/men' #, Za-aah

n the 'revious cha'ter# it has been clearly shon

thatZakaah is due on accumulated ealth above

the minimum exem'tion limit once a year has

'assed on it# ithout distinction beteen nely

ac-uired ealth and 'reviously oned ealth And

it has been 'ointed out that those ho claim a

distinction must bring textual evidence to establish

their claim $n fact# there is no textual evidence#

authentic or inauthentic# to su''ort this innovative

claim /n the contrary# there are authentic narrations

from the 7ro'het (" and his Com'anions hich

clearly state thatZakaah is 'ayable every year )or

exam'le#

=+

$%&

[0eH%&

;0e

xj9

b

+

%&'8

31


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%!!$%&1V

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,N9

NAABAbdullaah ibn !uBaaiyah al+Jhaadiree -uoted

Allaahs !essenger (" as saying# >He wh

erfrms three thin/s will have the taste f faith

ne wh wrshis Allaah alne0 ne believes that

there is n /d but Allaah0 and ne wh ays

Kakaah every year n his rertyI@25

BAmr ibn 8huBayb narrated from his father# from his

grandfather (the Com'anion# BAbdullaah ibn BAmr

ibn al+BAas" that he used to rite to his custodian#

8aalim# to extract the Zakaah of his daughters

.eelry every year2:

These narrations are general like the 'revious

narrations concerning 'ayment henever the nisaab

is reached The 7ro'hets statement >ne wh ays

Kakaah every year n his rerty@ indicates that

'ayment is due on hatever 'ro'erty he has every

year There are no narrations distinguishing beteen'ro'erty on hichZakaah has been 'aid and that on

hich it has not been 'aid hen the time for

25Sunan Abu $awud" vol 2# ' 413# no 1:: and authenticated

in Saheeh Sunan Abee $aawd" vol 1# '' 2=:+;# no 14&&2:Authentic + Sunan ad-$aarqutnee" vol 2# ' 1&:

32


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'ayment arrives )urthermore the Com'anion#

BAbdullaah ibn BAmr ibn al+BAas# instructed that

Zakaah be extracted from his daughters .eelry

annually# clearly indicating that once Zakaah as

'aid on .eelry it did not become exem't from

further 'ayment

Za-aah Pai% in A%7an(eThere are also authentic narrations that indicate that

it is 'ermissible forZakaah to be 'aid a year or more

in advance

$bn BAbbaas said Allaahs !essenger ("

sent B0mar to collect Zakaah. %hen he came to

al+BAbbaas re-uesting the Zakaah of his ealth#

al+BAbbaas s'oke to him in a rough manner *e leftand returned to the 7ro'het (" and informed him

Allaahs !essenger (" said# >(ndeed al-Abbaas

has aid the Kakaah f his wealth fr this year and

the year t )me.@2;

$f Zakaah is 'aid in advance for a coming

year# it must be 'aid on ealth currently 'ossessed!eaning that Zakaah as 'aid tice on the same

ealth This hadeeth leaves no room for any other

claim regarding ealth on hichZakaahhas already

2;Authentic + Sunan ad-$aarqutnee" vol 2# ' 124

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been 'aid Al+BAbbaas 'aid Zakaah on his ealth

tice# and that as sanctioned by the 7ro'het ("

clearly 'roving that ealth is not exem't fromZakaah if it has been 'aid once

A+Kuhree did not see any 'roblem in 'aying

hisZakaahbefore the year as com'lete Al+*asan

al+asree as once asked if a man ho had 'aid his

Zakaah for three years in advance had fulfilled his

obligation and he re'lied in the affirmative /f thisvie# ash+8hakaanee said >This as the vie of

ash+8haafiBee# Ahmad and Aboo *aneefah and

su''orted by al+*aadee and al+,aasim@2=

Za-aah #n 'he 5ea'h #, Or!han"

The folloing narrations concerning the ealth ofor'hans clearly indicate that Zakaah is to be

re'eatedly taken from the same ealth as long as it

is above the nisaab !eaning that 'ayment once

does not exem't ealth fromZakaah.

06

g9`=9

gU6%&06.V_%&e#

2=Fiqh us-Sunnah" vol 3# ' 11

34


35/60

$%&

&"

H/

& '

&"

M

1

/

%&J$NMR

=k%&BBAmr ibn 8huBayb re'orted from 8aBeed ibn al+

!usayyab that the second ?ighteous Cali'h#D

B0mar ibn al+Ihattaab# said >Trade ith the

or'hans ealth so that Zakaah ill not consume

it@3&31

3&

Sunan ad-$aaraqutnee" vol 2# ' 11&and Sunan al-Gubraain hich al+ayha-ee said >$ts chain is saheeh and it has other

su''orting narrations from B0mar@ $t is also authentically

narrated by !aalik in his al-'uwatta" see 'uwatta (mam

'alik" ' 134# no 54 ($bn *a.ar rated it authentic in al-

5alkhees"31

As for the folloing narration from the 7ro'het#

4=g9`06 K+%&gV\h%&AA '%63 /%$NMR

))&%=kBAmr ibn 8huBayb re'orted from his father from his

grandfather that the 7ro'het (" gave a talk to the 'eo'le inhich he saidD >(f anyne is a /uardian f an rhan wh

wns rerty" he shuld trade with it and nt leave it until the

Kakaah )nsumes it.@ At+Tirmithee (3 32" .udged this narration

to be inauthentic due to the 'resence of al+!uthannaa ibn as+

8abaah in its chain of narrators and ad+6aar-utnee and others

affirmed that it as a statement of B0mar ibn al+Ihattaab (at-

3


36/60

8imilar statements ere narrated from BAlee ibn

Abee Taalib# BAaishah and $bn B0mar32

)urthermore# it as the re'orted 'ractice of some of

the leading scholars among the Com'anions to

extractZakaahannually from the ealth of or'hans

under their care 9aafiB re'orted that BAbdullaah ibn

B0mar used to have the ealth of or'hans ith him

and he used to borro from it to 'rotect it from

being consumed *e also used to 'ay its Zakaah

every year from their ealth33

Conse-uently# the statement of B0mar and

the 'ractice of his son# BAbdullaah ibn B0mar# as

ell as other leading Com'anions of the 7ro'het

("# are sufficient 'roofs confirming the obligation

of extractingZakaah annually from the same ealth

as long as it remains above the nisaab.

Puni"hmen' ,#r n#' Pa/in+ Za-aah9on+'ayment of Zakaah is a very serious sin that

should not be taken lightly $n this life# the

'unishment is confiscation of half of ones ealth by

the !uslim state

5alkhees" 2 1:"325uhfatul-Ahwathee" vol 3# ' 23;33Authentic +'usannaf Abdir-Ba77aaq" no :&&1

35


37/60

sJ

)9*>2=>

"+%&'I6[=K AA,N,9 !96L,N#

&9"+%70,

-

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>!$`5\m0V-Y1 s =96c#,bcsE

J


38/60

%here there is no !uslim rule or the !uslim

government does not collect Zakaah# it may seem

that the delin-uent individuals have esca'ed

*oever# Allaah and *is !essenger (" have

'romised an extremely severe 'unishment in the

*ereafter

:2@4EC:

FG

")

HG

8I&

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-"+78IA)-". !

4

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.

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?-4=G)P

:I-?2@4

English is that of Aboo 6aaood

3;


39/60

= i7e 'i%in+" #, a "e7ere !uni"hmen' ,#r 'h#"e

$h# "'#re +#% an% "i7er an% %# n#' "!en% i' in

Aaah" $a/. On 'he Da/ $hen 'he h#ar%e%

'rea"ure $i be hea'e% in 'he He Fire an% 'heir

,#rehea%"8 "i%e" an% ba(-" $i be bran%e% $i'h

i'8 i' $i be "ai%* @Thi" i" 'he 'rea"ure /#u

h#ar%e% ,#r /#ur"e7e". N#$ 'a"'e $ha' /#u u"e%

'# h#ar%.? "Srah at-5awbah" = 34+(

0-e#$%&0;

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PwRN{,]%%"

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&B((

Aboo *urayrah re'orted that Allaahs !essenger ("

said# >6hmever Allaah has blessed with wealth but

des nt ay Kakaah n his wealth" then n the $ay

f Besurre)tin his wealth will be made like a bald-

3=


40/60

headed isnus male snake" with tw bla)k sts

ver its eyes. 5he snake will en)ir)le his ne)k and

bite his )heeks and say" ( am yur wealth" ( am yur

treasure. @ Then the 7ro'het (" recited the verse#

>Le' n#' 'h#"e $h# "'in+i/ $i'hh#% #, 'ha'

$hi(h Aaah ha" be"'#$e% #n 'hem #, Hi" b#un'/

'hin- 'ha' i' i" +##% ,#r 'hem. N#G Ra'her8 i' i"

$#r"e ,#r 'hem8 ,#r 'he 'hin+" 'ha' 'he/ +ree%i/

$i'hh#% $i be 'ie% '# 'heir ne(-" i-e a (#ar #n'he Da/ #, Re"urre('i#n.?(Srah Aali (mraan"3

1;&"3

;0

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#

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41/60

Aboo *urayrah also -uoted Allaahs !essenger ("

as saying# >very wner f treasure ?stred wealth@

wh desnt ay its Kakaah" will have ?his hard@heated in the Hellfire and made int lates" then his

sides and frehead will be burned with it until

Allaah jud/es between His slaves n a $ay

equivalent t fifty thusand years. 5hen he will see

his ath leadin/ t either 1aradise r Hell.@35

Thus# as attractive as this false o'inion may seem to

many# es'ecially the rich and those financially ell

off# the truth of the matter is as clear as day H as an+

9uBmaan ibn asheer -uoted the 7ro'het (" as

saying

6b%&09 X/6

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I

6

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#

$%&"S"-

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42/60

0+/

&

=%e0

T

E

J+Xb%&T

&0c%&B((>5he halaal is )lear and the haraam is )lear" and

between them are dubtful thin/s. 6hever avids

the dubtful has rte)ted his reli/in and hnr

and whever falls int the dubtful will ?eventually@

fall int the haraam@3:

3:Sahih Al-4ukhari# vol 1# ' 44# no 4= and Sahih 'uslim#

vol 3# ' ;4 no 3;;2 (the ording here is that of Sahih

'uslim"

42


43/60

CONCLUSION

he overhelming evidence from the texts ofthe ,uraan# 8unnah# statements of the

Com'anions of the 7ro'het (" and the

leading scholars of the 0mmah leave no room for

doubt about the obligation of 'ayment of Zakaah

every year on ealth as long as it remains above the

nisaab# hether Zakaahas 'aid on it during the'revious year or not )urthermore#Zakaahis due on

ealth of the 'ast years even if it as not 'aid due

to ignorance or negligence $t remains an obligation

until death and a sin against the one ho has

neglected it before Allaah /ne has to sincerely

re'ent for ones errors in the 'ast# a''roximate hatas due and 'ay it all off immediately

And all 'raise is due to Allaah# by hose

Jrace alone all good deeds are accom'lished

43


44/60

APPENDI

The folloing is the com'lete Arabic text of hatas submitted by the Chennai scholar in res'onse to

my refutation of his fatwaa alloing Zakaah to be

'aid only once on a 'articular -uantity of ealth#

after it as translated to him $t is folloed by its

translation done ith the hel' of 6r %asim Ahmad

of the 6e'artment of Arabic and $slamic 8tudies at7reston 0niversity# A.man

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ZakaahE7er/ YearSunan at-Tirmithee, 7#. 08 !. 02

1. !uhammad ibn $smaaBeel narrated to me that al+%aleed

ibn !uslim narrated from al+!uthannaa ibn as+8abaah from

BAmr ibn 8huBayb from his father from the grandfather that the

&


51/60

7ro'het (" addressed the 'eo'le and said >(ndeed 5hse wh

are ut in )har/e f the wealth f rhans shuld trade with

that wealth and nt leave it" lest Zakaah eats it u @ Aboo

BEesaa at+TirmitheeD said that this *adeeth as narrated in thisay and he mentioned thatD there is some criticism in its chain

because the 'resence ofD al+!uthannaa ibn as+8abaah caused

it to be daeef 8ome have narrated it from BAmr ibn 8huBayb

from B0mar ibn al+Ihattaab and then he Aboo BEesaaD

mentioned this *adeeth

Ad-Diraayah fee Takhreej Ahaadeeth al-Hidaayah,7#. 8 !.21)

$t is contradicted by the *adeeth of BAmr ibn 8huBayb from his

father from his grandfather# BAbdullaah ibn BAmr ibn al+BAas#

that the 7ro'het (" said >ne wh is ut in )har/e f an

rhan wh has wealth he shuld trade with it and nt leave it

s that )harity eats it away@ At+Tirmithee has recorded it and

considered it daeef from al+!uthannaa ibn as+8abaahs

narration !andal has a similar narration from ash+8haybaanee

from BAmr ibn 8huBayb from ad+6aar-utnee# but !andal is

daeef and so is the narrator from him *e has also recorded

from al+BAramee from BAmr# but al+BAramee is alsoD daeef.

Ad+6aar-utnee said that the truth in this matterD is that the

narrationD is from BAmrs sayings

At-Talkees al-Habeer8 7#. 28 !. &4J21. $t is narrated from the 7ro'het (" that he said# >ne wh

is ut in )har/e f the affairs f an rhan shuld trade with

his wealth and shuld nt leave it" lest Kakaah eats u his

whle wealth.@ At+Tirmithee# ad+6aar-utnee# al+ayha-ee

collected itD from the hadeethof BAmr ibn 8huBayb from his

1


52/60

father from his grandfather# BAbdullaah ibn B0mar Al+

!uthannaa ibn as+8abaah is in its chain of narrators and he is

daeef At+Tirmithee says it is narrated in this ay and it is also

narrated from BAmr ibn 8huBayb sto''ing at B0mar ibn al+Ihattaab !uhannaa said >$ asked Ahmad about it and he

re'lied that it as notsaheeh@ Al+!uthannaa also narrated it

from BAmr and ad+6aar-utnee narrated it from the hadeethof

Aboo $shaa- ash+8haybaanee also from BAmr ibn 8huBayb# but

the one ho narrates it from him# !andal ibn BAlee# is daeef"

and from the hadeeth of al+BAramee from BAmr# but

al+BAramee as daeef and to be avoided (matrk" $bn

BAdee narrated it by ay of BAbdullaah ibn BAlee# al+$free-ee#

ho is daeef. Ad+6aar-utnee said in al-(lal" that *usayn al+

!uBallim has narrated from !akhool from BAmr ibn 8huBayb

from 8aBeed ibn al+!usayyab from B0mar and $bn B0yaynah

has narrated it from BAmr ibn 6eenaar from BAmr ibn 8huBayb

from B0mar and $bn al+!usayyab has not been mentioned and

it is the most correct $ said And that is hat at+Tirmithee

meant

J2&. A *adeeth in hich it as narrated that the 7ro'het ("

said >Seek ?Allaahs favurs@ with the wealth f rhans s

that Kakaahdes nt )nsume it@ Ash+8haafiBee narrated from

BAbdul+!a.eed ibn Abee ?aaad from $bn


53/60

Ash+8haafiBee has also narrated from $bn B0yaynah

from Ayyoob from 9aafiB and ending ith B0mar

Al+ayha-ee narrated from 8huBbah from *umayd

ibn *ilaal ho said that he heard Aboo !ih.an or $bn !ih.an#as a servant of B0thmaan ibn Abee al+BAas *e said >

B0thmaan ibn Abee al+BAas came to B0mar and B0mar asked

him >*os trade in your areaF $ have the ealth of an or'han

andZakaahhas almost consumed it@ 8o he gave it to him

Ahmad ibn *ambal collected a similar narration from

!uBaaiyah ibn ,urrah from al+*akam ibn Abee al+BAas from

B0mar Ash+8haafiBee has also narrated it from $bn B0yaynah

from Ayyoob from 9aafiB from $bn B0mar sto''ing at him

(mauqf"

N#'e Al+ayha-ee narrated from Mayth ibn Abee 8ulaym from

!u.aahid from $bn !asBood that he said >6hever is ut in

)har/e f the wealth f an rhan shuld rte)t it frm the

?assa/e f@ years and when handin/ ver his wealth t him"

he shuld infrm him f the Zakaah due frm it. 5hen if helikes he wuld ay it r leave it@ Ash+8haafiBee considered it

defective because of a break in its chain of narratorsD and

because Mayth did not have a good memory There is in this

cha'ter a hadeethfrom $bn BAbbaas containing $bn MaheeBah

). The hadeeth >ne wh is ut in )har/e f an rhan

shuld trade n his behalf and nt leave his wealth t be)nsumed byZakaah#@ has been narrated by at+Tirmithee# ad+

6aar-utnee and al+ayha-ee from the narration of BAmr ibn

8huBayb from his father from his grandfather At+Tirmithee said

that this hadeeth has been narrated only from this ay and

there is criticism in it because al+!uthannaa ibn as+8abaah

eakens it

3


54/60

. The hadeeth" >Seek ?Allaahs favur@ in the rerty f

rhans s that Kakaahdesnt )nsume it#@ has been narrated

from ash+8haafiBee through Loosuf ibn !aahak in adisconnected form (mursal"# ith the ording >N in the

rerties f the rhans s that Kakaah desnt )ause it t

vanish r )nsume it@ Ash+8haafiBee has strengthened it ith

the general im'ort of authentic hadeethconcerning the absolute

obligation of Zakaahand also from hat has been re'orted

from the Com'anions of the 7ro'het (" concerning it

Nasb ar-Raayah8 7#. 28 !. 00

The hadeeths aboutZakaahon the or'hans or young 'ersons

ealth collected by at+Tirmithee from al+!uthannaa ibn as+

8abaah from BAmr ibn 8huBayb from his father from his

grandfather BAbdullaah ibn BAmr ibn al+BAas that the

!essenger of Allaah (" addressed the 'eo'le and said >Any

ne ut in )har/e f the wealth f an rhan shuld trade with

it fr him and nt leave it until Kakaah )nsumes it@ At+

Tirmithee said that this hadeethhas been re'orted only by this

ay and there is criticism its chain of narrators because al+

!uthannaa caused the hadeeth to be eak The author of at-

5anqeehH may Allaah have mercy on him# said !uhannaa

said $ asked Ahmad ibn *ambal about this hadeeth and he

re'lied $t is not authentic

Sunan ad-Daarqutnee8 7#. 28 !.

2. Aboo !uhammad ibn 8aaBid narrated that he heard from

Ahmad ibn B0bayd ibn $shaa- al+BAttaar in Iufah# that he

heard from 0bayy ho heard it from !andal from Abee

$shaa- ash+8haybaanee from BAmr ibn 8huBayb from his

4


55/60

father from his grandfather ho said that the 7ro'het (" said

>1rte)t the rhans re/ardin/ their wealth s that Kakaah

desnt )nsume it@

Sunan ad-Daarqutnee, 7#. 28 !.

1. !uhammad ibn $smaaBeel al+)aarsee narrated to us from

Lahyaa ibn Abee Taalib from BAbdul+%ahhaab from *usayn

al+!uBallim from BAmr ibn 8huBayb from 8aBeed ibn al+

!usayyab that B0mar ibn al+Ihattaab said >Seek ?Allaahs

favur@ in the wealth f rhans s that Kakaah desnt

)nsume it@ (mawqf"

Nasb ar-Raayah8 7#. 28 !. 00

Ad+6aar-utnee has collected it in his Sunan from another 'ath

on the authority of B0baydullaah ibn $shaa- from !andal

from Abee $shaa- ash+8haibaanee from BAmr ibn 8huBayb

from his father from his grandfather ho re'orted that the

7ro'het (" made similar statementD Ad+6aar-utnee remarked

that the truth as that it as from the sayings of B0mar

B0baidullaah ibn $shaa- and !andal are eak $bn *ibbaan

said that !andalD attributed to the 7ro'het (" hadeeths in

hich the name of the Com'anion as deleted (mursal" and

turned statements of the Com'anions into statements of the

7ro'het (" due to his bad memory and hen it became ide

s'read from him he deserved to be abandoned

Ad+6aar-utnee collected it from another 'ath on theauthority of !uhammad ibn B0baydullaah al+BAramee from

BAmr ibn 8huBayb from his father from his grandfather ho

re'orted that the 7ro'het (" said >Kakaah shuld be taken

frm the wealth f the rhan@ Ad+6aar-utnee said that

Al+BAramee as unreliable and the author of at-5anqeeh said


56/60

that all these three channels are eak ThereforeD no 'roof

could be based u'on them

Nasb ar-Raayah, 7#. 28 !. 002Another *adeeth is re'orted by at+Tabaraanee in 'ujam" al-

6aseet on the authority of BAlee ibn 8aBeed ar+?aaee ho

heard it from al+)uraat ibn !uhammad al+,ayraaanee ho

got it from 8ha.arah ibn BEesaa al+!aghaafiree from BAbdul+

!alik ibn Abee Iareemah from BAmmaarah ibn Jhaiyyah

from Lahyaa ibn 8aBeed from Anas ibn !aalik that the 7ro'het

(" said# >$ business with the rerties f the rhans" sthat Kakaah desnt )nsume it@ At+Tabraanee observed that

this hadeethis only conveyed on the authority of Anas through

this chain

Al-Mujam al-Asat, 7#. 18 !. 21

1&2. BAlee narrated from al+)uraat ibn !uhammad al+

,ayraaanee from 8ha.arah ibn BEesaa al+!aghaafiree from

BAbdul+!alik ibn Abee Iareemah from BAmmarah ibnJhaiyyah from Lahyaa ibn 8aBeed from Anas ibn !aalik that

the 7ro'het (" said# >$ business with the rerties f the

rhans" s that Kakaahdesnt )nsume it.@

S#ur(e*Ad-Duafaa al-!abeer

BAmmaarah ibn Jhaiyyah from !uhammad ibn BEesaa from8aalih from BAlee ho said >$ asked 8ufyaan Lou used to sit

ith BAmmaarah ibn JhaiyyahF@ *e re'lied >Les$ sat ith

him many times ut $ didnt memorie anything from him@

Then 8ufyaan said to me# >%hat has he narratedF@ $ said >/n

the authority ofD $bn Abee 8aBeed al+Ihudree from his father

5


57/60

ho said that hoever begs and has an ounce of silverD@

Aboo 8ufyaan said this as it And e have narrated it from

Kayd ibn Aslam from BAtaa ibn Lasaar

"isaan al-Mee#aan

0). )uraat ibn !uhammad ibn )uraat al+BAbdee al+

,ayraaanee heard hadeethsD from Aboo Kakariyyaa al+

*adramee# $bn ?asheed and others in Africa# and from Aboo

akr# $sbagh and 9uBaym ibn *ammaad and others in Egy't

Abul+BArab said >$ heard a lot of narrations from him $bn

*aarith said >*e had many narrations# harmoniations# and

knoledge of hadeeths.@ *e as eak and as accused of

telling lies or it as knon about him *e died in 2=2 A*

Majma u#-Zaaa$id87#. 08 !. 20J

Anas ibn !aalik -uoted the 7ro'het (" as saying# >$

business with the rerty f the rhans s that Kakaah

desnt )nsume it@ $t as narrated by at+Tabaraanee in al-

Awsatand my master and teacher informed me that its chain ofnarrators as sound

Al-Mujam al-Asat, 7#. 8 !. 2)J

))J. Ahmad narrated to us from BAbdul BAee ho as told

by !andal ibn BAlee from 8ulaymaan from BAmr ibn 8huBayb

from his father and grandfather that the 7ro'het (" said >Seek

+Allaahs, favur in the wealth f rhans s that Kakaahdesnt )nsume it@

Tuhfatul-Ahathee, 7#. 8 !. 20J

N *is statement Among them are B0mar# BAlee# BAaishah#

and $bn B0mar !aalik has recorded in al-'uwattaa from

:


58/60

B0mar ibn al+Ihattaab ho said# >6o business in the 'ro'erty

of the or'hans so that Zakaah does not consume it@ Al+

ayha-ee narrated it and said its chain of narrators is sound

Al+*aafith said the same in at-5alkheesand remarked about itsaying >Ash+8haafiBee has narrated it from $bn B0yaynah from

Ayyoob from 9aafiB from $bn B0mar ending ith him

(mauwqf"# too *e also said Ad+6aar-utnee# al+ayha-ee

and $bn Abdul arr narrated the same statementD in different

ays from BAlee ibn Abee Taalib and it is ell+knon from

him

BIBLIORAPHY

Albaanee# !uhammad 9aasirud+6een al+ $aeef

Sunan at-5irmithee. eirut al+!aktab al+

$slaamee# 1st ed# 1=;;

;


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NNNN# Saheeh al-Jaami as-Sa/heer wa

Ziyaadatuh. eirut al+!aktab al+$slaamee#

1sted# 1=;;

NNNN#Saheeh Sunan Abee $aawd. eirut al+

!aktab al+$slaamee# 1sted# 1=;=

NNNN# Saheeh Sunan an-!asaaee. eirut al+

!aktab al+$slaamee# 3rd ed# 1=;;

NNNN# Saheeh Sunan at-5irmithee. eirut al+

!aktab al+$slaamee# 1sted# 1=;;

*asan# Ahmad Sunan Abu $awud. Mahore 8h

!uhammad Ashraf 7ublishers# 1sted# 1=;:

Ihan# !uhammad !uhsin Sahih Al-4ukhari.

Mahore Iai 7ublications# 5thed# 1=;5

!ubarak'uri# 8afiur+?ahman 5afsir (bn Gathir.

?iyadh 6arussalam 7ublishers# 1sted# 2&&&

?ahimuddin# !uhammad 'uwatta (mam 'alik.

Iarachi 8h !uhammad Ashraf# nd

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8abi-# As+8ayyid Fiqh us-Sunnah. $ndiana'olis

American Trust 7ublications# 1sted# 1==1

8iddi-i# Abdul *amid Sahih 'uslim. Mahore 8h

!uhammad Ashraf 7ublishers# 1=;:

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