ZAKAT - E - FITRA

 

(The numbered rulings are according to the Fatawa of Ayatullah Al-Udhma Seyyid Ali Al-Husaini Seestani, Dama Dhilluhu).

(The rulings in brackets are according to the Fatawa ofAyatullah Al-Udhma Seyyid Abulqassim Al-Khui, Ridhwanullahi Alayhi)

Compiled by Yusuf Kermalli – E-mail: ykabana@gmail.com          click here for Urdu fiqh lectures on fitra

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            1)         Payment of Fitra becomes Wajib (obligatory) after sunset on the eve of Eid- ul-Fitr on a person who is:

Ø  Baligh (attained puberty),

Ø  Aqil (sane),

Ø  and is not needy, not indigent

Ø  not unconscious

                        for all dependants wherever and whoever they are irrespective of age & belief.

 

                        NOTE 1:     If a person spends money on someone which is sufficient for   his maintenance, that is not enough to consider him as one of  his dependants.  Dependants are required to be under his care   for their livelihood.

           

                        NOTE 2:     If a person is a dependant of two people, his Fitra is obligatory   on both by being divided between them.

 

            2)         For the purpose of Fitra, dependants include guests who are present at the             host’s house at the time of sunset on the eve of Eid-ul-Fitr.  However, if a    guest comes without the consent of the host, his Fitra becomes Wajib upon             the host on the basis of Ehtiyat Wajib (obligatory precaution).  This ruling also             applies to a person who is forcibly made to maintain another person.  But if             he invites a person for Iftar on the night of Eid, he is not one of his             dependants and his Fitra is not obligatory on the person who invited him. 

                        (Ehtiyat Mustahab to pay for uninvited guest or one forcibly maintained.)

            3)         On the basis of obligatory precaution (Ehtiyat Wajib), one should not             give Fitra from that food which is not staple in his place (town or city),             even if it be wheat, barley, dates or raisins.  In other words, the article of Fitra             should be the common food of the people of the town normally eaten by             them, even if it is not the only thing that they eat.  This is regardless of             whether it is from the four categories (wheat, barley, dates and raisins) or             from other than them such as rice and maize.

            (Staple food has not been made a condition).

           

            4)         Fitra  is given to a needy person who, according to the Shari’a is a Faqeer,  that is, a person who is not able to meet his living expenses for himself and    for his dependants for one whole year, nor does he possess the means to             earn a livelihood for himself and his dependants. 

                It is Ehtiyat Wajib that Fitra is given to a Faqeer who is a Shia Ithna-  Asheri.

           

            NOTE 1:        The Faqeer to whom Fitra is given need not necessarily be  Adil, but it is Ehtiyat Wajib that Fitra should not be given to a person who drinks   liquor, or one who does not perform his  daily Salaat or one who commits sins openly or one who will  use the Fitra in a sinful way.

 

                        NOTE 2:        The essential factor is the value at the time of the payment, not   at the time of the obligation, and the country in which  Fitra is paid, not the country of the person on whom the obligation is due.

                        (Ehtiyat Mustahab to give to a Shia Ithna-Asheri Faqeer.)

5)         A non-Seyyid cannot give Fitra to a Seyyid even if he maintains a Seyyid and pays his Fitra. 

6)         It is Ehtiyat Mustahab (recommended precaution) that a Faqeer be given a minimum of one full Fitra.   More can be given to one person also.

(Ehtiyat Wajib to give a minimum of one full Fitra to a person). 

7)         If a servant is employed and the employer agrees to maintain him/her fully, then the servant’s Fitra becomes Wajib upon the employer.  But if the agreement is the payment of salary only, then his/her Fitra is not Wajib upon the employer. 

8)         If the price of one type of grain is double of the other, one cannot give half the measure of the better grain nor its cash value as Fitra. 

9)         It is recommended to give preference to one’s relatives when giving Fitra, then to the neighbors and then Ahlul Ilm (people of learning).  Preference, however, can be given to another category of people if there is a good reason to do so. 

10)      For those who pray Salatul Eid, it is Ehtiyat Wajib to give the Fitra before the Eid prayers and for those not praying Salatul Eid the time extends up to before Dhuhr.  If Fitra is set aside but not distributed by Dhuhr, then whenever it is disbursed, the Niyyah (intention) of Fitra should be made.  If one does not give out or set aside the Fitra within the due time, he should give the Fitra later, on the basis of precaution, without making the Niyyah of Adaa or Qadhaa but only Qurbatan Ilallah. 

11)      An item set aside for Fitra cannot be used or substituted by another item.  

12)      On the basis of Ehtiyat Wajib, Fitra should not be sent outside the town one resides in if there are deserving people in that town.  If one does so and the Fitra gets spoiled or lost then it must be given again. 

13)      Fitra cannot be given before the month of Ramadhan and it is better not to give it during the  month of  Ramadhan.  However, if a loan was given to a person who deserves to receive Fitra, then when the Fitra becomes due that amount can be set off against the Fitra. 

14)      If Fitra is given from a thing which is inferior or defective, it will not be sufficient.

 

FAQ on Zakatul Fitrah
(According to Fataawa of Ayatullah Sayyid Ali al-Husayni Seestani)

Q. What is Zakatul Fitrah?
A: It is religious tax/alms (zakat) paid on the day when Muslims break the fasting period at the end of the month of Ramadhan. This alms is known as Zakat al-Fitrah.

Q. What do the Qur'an and Hadith say about Fitrah?
A: Imams (a) say that the verses: Indeed whosoever purifies himself shall achieve success, and glorifies the Name of his Lord and prays (87:14 & 15) refer to giving of Fitrah and saying prayers on Eid al-Fitr. Imam Ja`far as- Sadiq (a) said: for your fast to be accepted, give zakât.

Q. When does Fitrah become wajib?
A. Payment of Fitrah becomes obligatory after sunset on the eve of Eid al- Fitr. The Fitrah should be kept aside and paid on Eid al-Fitr before Eid prayers or before midday for those who cannot say their Eid prayers. It is necessary to have obligatory intention (niyyah) of giving Fitrah for God's pleasure only.

Q. What happens if someone forgets or does not give Fitrah on time?
A. If one does not give out or set aside the Fitrah within the due time, he should give the Fitrah later, on the basis of precaution, without making the niyyah of adaa or qadhaa but only Qurbatan Ilallah.

Q. Can we give Fitrah in advance?
A. Giving Fitrah before the eve of Eid al-Fitr is not permissible. However, if you wish to send Fitrah earlier so that it reaches the needy on time, then you can send it as a temporary loan to the needy and then change your intention from loan to Fitrah on the eve of Eid al-Fitr.

Q. To whom is Fitrah obligatory?
A. Paying Fitrah is obligatory on every Muslim who is mature (baligh), sane, financially able, and conscious on the eve of Eid al-Fitr. Fitrah should also be paid on behalf of all dependents (e.g. wife, children) whom one supports financially.

Q. When is a host required to pay Fitrah for his guest?
A. If a person invites another person to his house on the eve of Eid al-Fitr and if the guest is present at the host's place at the time of the sunset then it is obligatory for the host to pay Fitrah for his guest.

Q. What happens if the guest arrives after the sunset on Eid night?
A. In this case the guest will pay his/her own Fitrah and it is not obligatory on the host to pay Fitrah for the guest.

Q. What happens if a guest comes uninvited and is present at the time of the sunset on the eve of Eid al-Fitr?
A. Ayatullah Sayyid As-Sistani says that the host should still pay the Fitrah as an obligatory precaution. However, Marhum Ayatullah Sayyid al-Khui was of the opinion that is recommended for the host to pay Fitrah of an uninvited guest.

Q. How much should we pay for Fitrah?
A. Fitrah for a person is given on a weight of three kilograms (one sa`a) on any food commodity like wheat, barley, rice, millet, raisins or dates. Ayatullah Seestani is of the opinion that the item that is not a staple food in your town should not be given in Fitrah. Say, for example, if millet is not a staple in Vancouver then Vacouver mumineen should not pay Fitrah on millet.

Q. Can we give cash value of any commodity mentioned above?
A. Yes, cash value in lieu of any foodstuff mentioned can be given as Fitrah. Thus, if a kilo of rice costs $2.00, the cash value of Fitrah on rice per person would be $6.00. We recommend, Fitrah on basmati rice to be Canadian Dollars 7.00 for residents of Canada and US Dollars 6.00 for US residents. (Please check prices for other items in your areas.)

Q. Whom should we give the Fitrah to?
A. It is given to the needy who are unable to meet their own or their dependants annual living expenses, nor do they have the means to do so through earning. Ayatullah As-Seestani says that the needy who is given the fitrah must be a Shi`ah Ithna `Ashari.

Q. Who should not be given the Fitrah?
A. A needy who: consumes alcohol, does not say his daily prayers (salat), commits sins openly, or he who is known to use the Fitrah in sinful way.

Q. Are there any additional rules that we need to be aware of?
A. Following are some important rules: (i) Fitrah should not be sent outside the town one resides in, if there are deserving mumineen in that town. (ii) Fitrah from a non-Sayyid cannot be given to a needy Sayyid; the reverse is permissible. (iii) A needy should be given at least one Fitrah (iv) Amongst the needy, relatives should be preferred over others when giving Fitrah, next in line are neighbors and then the learned.

Reproduced  from the Academy for Learning Islam.