Paying Zakah Early to Help People during a Crisis

05/12/2013 04:05

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Paying Zakah Early to Help People during a

Crisis
Zakah & Charity [1]
Date:
Thu, 01/15/2009
Author:
Sheikh `Abd Allah b. Wakl al-Shaykh [2]
Short Content:
During a crisis, it is a time for Muslims to consider paying their Zakh early, so they can to
provide help to people when it is most acutely needed.
Body:
Zakh on monetary savings is only due after it has remained in our possession fro a full year.
However, the majority of scholars are of the opinion that we can pay the Zakh on our
savings before it becomes due. For instance, to benefit from the blessings of the month of
Ramadan, it is common for people to pay Zakh on all of their savings during that month,
even on wealth that they have recently earned.
When there is a crisis or disaster, and people are in desperate need of assistance, this is a
time for Muslims to consider paying their Zakh early, in order to provide that assistance
when it is most acutely needed.
Scholars have differed as to the permissibility of paying Zakh bepfre it becomes due. Most
scholars have permitted it. Others have regarded it as disallowed. In this article, we will
explore both of these opinions along with the evidence that supports them.
Opinion 1: Permissibility of Paying Zakh Early
This is the view of the majority. It was held by many of the earliest jurists, including `At',
Sa`d b. Jubayr, Ibrhm al-Nakha', al-Dahhk, al-Hakam b. `Utaybah, Ibn Ab Layl, alHasan al-Basr, al-Hasan b. Slih b. Hayy, al-Zuhr, and al-Awz`.
The ruling of permissibility has been adopted by the Hanaf, Shfi` and Hanbal schools of
thought.
The following evidence is presented to support this claim:
1. Al relates that al-`Abbs asked Allah's Messenger whether the charity can be paid early,
before it becomes due. Allah's Messenger (peace be upon him) gave him permission to do so.
[Sunan al-Tirmidh (614), Sunan Ab Dwd (1383) and Sunan al-Nas' (1785)]
This is a good (hasan) hadth, declared as such by hadth scholars, including al-Albn.
This hadth has been cited as evidence by the majority of scholars who permit paying Zakh
early.

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Paying Zakah Early to Help People during a Crisis

05/12/2013 04:05

In some narrations it even reads Indeed, we have taken from al-`Abbs last year the Zakh
of this year. [Sunan al-Draqutn (2/124)] However, al-Bayhaq says about this narration:
"There is a gap in transmission between Ab al-Bakhtar and `Al , but this meaning has been
narrated by Ab Hurayrah in a hadth that is established."
2. Ab Hurayrah relates that he Prophet (peace be upon him) said: As for al-`Abbs, it (his
Zakh) is upon me and the likes of it with it. [Sahh al-Bukhr (1468) and Sahh Muslim
(983)]
This is the authentic narration that confirms what is mentioned above that al-`Abbs paid
double Zakh (the likes of it with it), paying two years together.
3. Al-Nfi` relates that Ibn `Umar and others used to pay Zakh al-Fitr two or three days
before `Id, though this Zakh becomes due on `Id morning. [Sahh al-Bukhr (1415)]
Al-Shfi` argues that this establishes the permissibility of paying Zakh before it becomes
due.
This ruling is in conformity with a general axiom of Islamic Law, as explained by al-Sarakhs
and Ibn Rajab. The principle in operation here is that for acts of worship that have a
prescribed time for them, a distinction is to be made between timeframes that are the cause
of the act of worship becoming obligatory and those that are conditions for the act of worship
being obligatory.
The times for prayer like the arrival of dawn for the Fajr prayer are the causes for those
prayers becoming obligatory. Therefore, if someone offers the Fajr prayer before dawn, the
prayer is invalid.
By contrast, the condition that savings must be in possession before Zakh is due upn them is
a condition for obligation. It is not the cause of Zakh being obligatory. The cause of the
obligation is having in one's possession of sufficient wealth.
Also, Zakh and its various legal rulings have been prescribed by Allah for the benefit of the
poor, and in consideration of those who possess wealth as well. Permitting the payment of
Zakh before it becomes due provides added benefit for the poor while not bringing any injury
to the interests of the rich who wish to pay early. In fact, the option to pay early can make
things easier for wealthy people to more easily manage and account for their wealth.
Opinion 2: Prohibition of Paying Zakh Early
This opinion was narrated from al-Hasan and Rab`ah. It is the ruling that has been adopted
by the Mlik school of thought. It is also the opinion of such prominent jurists as Dwd alZhir and Ibn al-Mundhir.
They argue that if someone pays Zakh on monetary savings before a year passes, then it
does not count as Zakh and must be paid over again upon becoming due.
They present the following evidence to support this claim:
1. Ibn `Umar relates that the Prophet (peace be upon him) said: "There is no Zakh upon
wealth before it remains in its owner's possession for a year." [Sunan al-Tirmidh (572) and
Sunan Ibn Mjah (1292)]
A similar narration is related by `Al: "There is no Zakh upon wealth before it a year passes."
[Sunan Ab Dwd (1573)]

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The scholars who use this hadth as evidence that it is incorrect to pay Zakh early argue that
the language of the Prophet's statement negates Zakh in its entirety.
However, this interpretation is questionable. It is quiet easy to understand that the hadth
negates one's obligation of paying Zakh before the wealth remains in one's possession for a
full year. It does not negate the permissibility of doing so.
2. Mlik also argues that the person who pays Zakh early is no different than a person who
offers the Zuhr prayer before the Sun begins to descend from its zenith.
Al-Hasan al-Basr said the same thing: "Just like prayer has a time, Zakh has a time.
Whoever offers prayer before its time must repeat the prayer. Likewise, whoever pays Zakh
before its time must do so over again."
Essentially, they are making an analogy between prayer and Zakh, since both are acts of
worship. However, this analogy is questionable, since the comparison does not hold. Acts of
worship like prayer and fasting deal exclusively with the right of Allah upon his worshippers.
The timeframes appointed for these acts of worship are therefore not discernable to our
human intellects.
By contrast, paying Zakh though certainly an act of worship also involves the rights of the
poor and the welfare of the rich. It is permissible for a person to waive his own right to
something in the interest of someone else. In this case, the wealthy person is waiving the right
to retain the wealth and granting it to the poor early.
Conclusion:
From what preceded, it seems that the stronger point of view with respect to the textual
evidence as well as with respect to theoretical and legal considerations is that it is
permissible to pay one's Zakh before it becomes due.
It is certainly permissible to pay one's Zakh early by up to a full year (by paying two years
together), since this is the maximum time mentioned in the texts. None of the texts mention
that paying a year in advance is a maximum limit, just that is what al-`Abbs did. Therefore,
we would say that it is permissible to pay even more in advance, if there is a need for it, since
once the principle of paying in advance is established as valid, then the matter of time is
open, depending on the need and the circumstances.
And Allah knows best.
Zakah & Charity
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