Paying zakat

http://darulfiqh.com/is-it-permissible-to-pay-zakat-in-installments/

Question:

Is it permissible to pay Zakat in installments?

In the Name of Allah, the Most Gracious, the Most Merciful.

As-salāmu ‘alaykum wa-rahmatullāhi wa-barakātuh.

The Answer:

The payment of Zakat is binding on one’s Zakat anniversary.  To delay paying Zakat without a reasonable and genuine excuse is blameworthy[1].

If it is genuinely difficult to pay Zakat in lump sum, one may pay Zakat in advance for the following year in instalments.  For example, one can start paying Zakat monthly from Shawwal 1437AH for the Zakat payment due in Ramadhan 1438AH.

A person usually has an idea of how much Zakat they pay yearly, they can use that amount as a proxy and divide that amount across the months and pay Zakat in monthly installments.  When one’s Zakat anniversary arrives, one should check whether the paid amount offsets the total amount due.  If there is a shortfall, one must make up difference.

However, some contemporary senior Muftis like Mufti Mahmudul Hasan rahimahullah, Mufti Khalid Saifullah, Mufti Radha al-Haqq and Mufti Salman Mansurpuri have permitted paying in installments in arrears if one cannot pay in lump sum on the Zakat anniversary.  The inability to pay the total Zakat due is a genuine reason to delay paying the full amount and thus, one may pay in installments for the previous Zakat anniversary in arrears.  Mufti Mahmudul Hasan rahimahullah adds that one should clear off the outstanding Zakat balance before the passing of a lunar year[3].

Paying Zakat in advance is accepted in the Hanafi school and considered sinless, whereas, paying in arrears although legally valid, has a potential of blame if there is no reasonable excuse for the delay.  Thus, paying in advance when difficult to pay in lump sum would be ideal, however, one also has the option and discretion of paying in arrears as stated by the Muftis above.  

And Allah Ta’ālā Alone Knows Best

Mufti Faraz Adam al-Mahmudi, 
www.darulfiqh.com 



http://darulfiqh.com/can-a-creditor-be-paid-zakat-directly-on-behalf-of-a-debtor/

Question:

Can a creditor be paid Zakat directly on behalf of a debtor?

In the Name of Allah, the Most Gracious, the Most Merciful.

As-salāmu ‘alaykum wa-rahmatullāhi wa-barakātuh.

The Answer:

It is permissible to pay Zakat directly to the creditor of a Faqīr debtor on condition there is acknowledgement from the Faqīr debtor.  If the Faqīr debtor does not sanction the payment, the payment will not be Zakat, rather, it will be a voluntary payment.

The Fiqh (jurisprudence of the answer):

The integral of Zakat is Tamlīk to the Zakat recipient.  Tamlīk refers to the transferral of ownership to the Zakat recipient by granting him possession.  Payment to a creditor without the acknowledgment of the Faqīrdebtor is void of Tamlīk.  Although the payment was for the Zakat recipient but it was not to the Zakat recipient.  Providing a service to a Zakat recipient with Zakat funds without the acknowledgement of the Zakat recipient fails in fulfilling Tamlīk.

When the Zakat recipient acknowledges the payment, the creditor acts as an agent and Wakīl.  As an agent, the creditor takes possession on behalf of the Zakat recipient initially and then takes possession for himself as a payee of the funds.  Thus, Tamlīk is found in such a scenario and the Zakat payment is valid.

And Allah Ta’ālā Alone Knows Best

Mufti Faraz Adam al-Mahmudi, 
www.darulfiqh.com

Distributing Zakat Through an Agent 

Question #: 5915 

Date Posted: 06-12-2004 

<QUESTION>

I have sent my zakat for the year to my father in-law to distribute within Pakistan on my behalf, but I have a concern as to how far my responsibilities lie on following up where this money goes. My father in-law distributes this money to people he knows as genuinely poor and also to Islamic madrasas. I don’t want to question him in great detail as he may think I am questioning my trust in him. However, I believe he did not give all the money away. He is in great debt which my husband and I will take it on ourselves to pay off, but I do not wish my zakat money to go to him, as I believe my husband and I should pay this and will pay it insha Allah. 

I will insha Allah take a stand and not give him responsibility for my zakat next year as I take the zakat very seriously because it is due to Allah's Grace that we have this wealth. 

<ANSWER>

In the name of Allah, Most Compassionate, Most Merciful,

There are certain points worth considering here: 

1) Paying Zakat through an agent (wakil) is permitted. It is permissible to appoint a person or an organization to distribute Zakat on one’s behalf upon the eligible and worthy recipients. (See: Radd al-Muhtar ala al-Durr, 2/268-269) 

However, in doing so, one should keep two things in mind: 

Firstly, one should have full trust and confidence that the agent will distribute the Zakat to only worthy recipients, and not misuse it in any way. 

Secondly, if the agent does not distribute the Zakat upon worthy recipients, then Zakat will not be regarded as fulfilled, hence it will remain an obligation on the Zakat-payer. Zakat will only be considered fulfilled when the agent utilizes and distributes it on worthy recipients. 

2) Zakat cannot be given to one’s parents, grandparents. Similarly, one’s children and grandchildren. However, it is permitted to give Zakat money to one’s father in-law and mother in-law, provided they are worthy recipients. (Radd al-Muhtar, 2/346) 

3) If one gives Zakat to an agent, it will be permitted for that agent to distribute the Zakat on his parents, relatives and any other person (provided he/she is worthy of receiving Zakat). However, it will not be permitted for that agent to use Zakat for his personal benefit. 

Imam al-Haskafi (Allah have mercy on him) states: 

“It is permissible for an agent to give Zakat wealth to his poor son and poor wife but not use it himself, unless if the Zakat-payer asked him to use the Zakat wealth in any manner he wishes.” (See: Radd al-Muhtar ala al-Durr al-Mukhtar, 2/269) 

The meaning of this is that normally an agent cannot use Zakat wealth for his own personal benefit. However, if the one giving Zakat and appointing him an agent said to him: “Distribute this Zakat wealth in any manner you wish” or “Give it to whomever you desire” then in such a case, it will be permitted for that agent to use the Zakat wealth for his personal needs. 

Keeping the above three points in mind; we come to your specific question. 

You state that you have given your Zakat to your father in-law in order for it to be distributed upon worthy recipients. Thus, in light of point number one, if you had full trust and confidence that he would use and distribute the Zakat in a proper manner, then there is nothing to worry about. 

However, if this is not the case, and you fear that due to him being poor and in debt he may use the Zakat himself, then there are two scenarios here. 

We learnt in point number two that one may give Zakat to one’s father in-law; hence if he used it for his personal benefit, your Zakat would have been fulfilled. However, the problem here is that which was outlined in point number three, in that an agent cannot use Zakat for his personal benefit unless the Zakat-payer gives him permission to distribute the Zakat in any manner he wishes and desires. 

Thus, in conclusion, if you had full trust and confidence that your father in-law would distribute Zakat in a proper manner, or you thought that he may use it himself, as he is a worthy recipient, and you also said to him to use the Zakat wealth in any manner he wished, then in all of these cases, your Zakat is valid and fulfilled. 

However, if you have doubt in his distribution, and you did not give him permission to distribute your Zakat in any manner he wished and desired, then you should re-pay your Zakat. 

And Allah knows best 

[Mufti] Muhammad ibn Adam
Darul Iftaa
Leicester , UK


http://www.central-mosque.com/index.php/Acts-of-Worship/detailed-account-of-zakah.html

The Paying of Zakah:

1. Upon the expiry of the year, Zakah should be given immediately. It is not a good habit to delay in carrying out good deeds because it is possible that death may overcome a person and this duty will still remain on his shoulders. If the paying of Zakah is delayed to such an extent that the second year also expires, the person will be a sinner but he can still repent for this sin and pay the Zakah immediately. In other words, he should pay the Zakah that is incumbent upon him at some time or the other in his life and should not leave it out.
2. Zakah is wajib on 1/40th of all the wealth which a person possesses. That is, R2-50 for every R100 or R1 for every R40.
3. At the time of giving the Zakah to a poor person, one must have the intention in his heart that he is giving this money as Zakah. If he merely gives it without making any intention, the Zakah will not be fulfilled. He will have to give the Zakah again, and he will be rewarded separately for the money that he had already given.
4. If the person did not make the intention of giving Zakah at the time of giving it to the poor person, then as long as that money is still in the possession of the poor person, he will be able to make the intention. By making the intention at this stage, his Zakah will be fulfilled. But if the poor person has already spent that money, then the intention that is made at this stage will not be considered. He will have to repeat the payment of his Zakah.
5. A person set aside R2 to be given as Zakah and decided that when he comes across a deserving person he will give it to him. However, when he gave it to the poor person he forgot to make the intention of Zakah. In this case, Zakah will be fulfilled. But if he did not make the intention of Zakah at the time of setting it aside, his Zakah will not be fulfilled.
6. A person has taken out his Zakah for distribution. He has the choice of giving all his Zakah to one person or distributing it among several persons. He also has the option of giving all the Zakah on one day or distributing it over several months.
7. It is better to give one poor person an amount which will be sufficient for him for that day so that he will not have to ask anyone else.
8. It is makruh to give one poor person an amount which makes the giving of Zakah wajib. However, if it is given, the Zakah will be fulfilled. It is permissible and not makruh to give an amount that is less than this.
9. A person comes to borrow some money and it is known that he is so poor and hard-pressed that he will be unable to fulfil this debt or that he is a very bad payer and never fulfils his debts. If the person gives him some Zakah money and also makes this intention in his heart that he is giving Zakah, then in such a case Zakah will be fulfilled despite the poor person regarding it as a debt.
10. If a poor person is given something as a gift, but in his heart the person has the intention of giving Zakah, even then Zakah will be fulfilled.
11. A poor person is owing you R10. You also have to pay Zakah for a sum of R10 or more. You forgave the poor person the R10 which he is owing you with the intention of it being Zakah. In such a case, Zakah will not be fulfilled. However, if you give him another R10 with the intention of Zakah, Zakah will be fulfilled. It will now be permissible to take this R10 from him as a fulfilment of his debt.
12. If a person has so much of silver in his possession that the Zakah on that silver amounts to 33 grams of silver and the market value of this 33 grams is two silver coins, then it is not permissible to give two silver coins in Zakah because these two coins do not weigh 33 grams. And if silver is paid in Zakah against silver goods, then the weight of the silver being paid is considered and not the price. However, in the aforementioned case, if gold, metal-base coins, clothing, etc. to the value of two silver coins is purchased and given as Zakah, or 33 grams of silver is paid as Zakah, then the Zakah will be fulfilled.
13. It is permissible for a person to appoint someone else to give the Zakah on his behalf. If the person to whom the money has been given does not make the intention of Zakah at the time of giving the money to a poor person, the Zakah will still be fulfilled.
14. You gave a person R2 to be given to another person as Zakah. However, this person did not give the very same R2 which you had given to him. Instead, he gave another R2 which was in his personal possession and thought in his mind that he will take the R2 that you had given him. Even in this case the Zakah will be be fulfilled. However, this is on the condition that your R2 is in his possession and he is now taking your R2 in place of his R2. But if he spends your R2 first and thereafter gives his own R2 to a poor person, Zakah will not be fulfilled. Alternatively, he has your R2 in his possession, but at the time of giving his R2 he did not make the intention of taking your R2 later. Even in this case, Zakah will not be fulfilled. He will now have to give R2 in Zakah again.
15. If you did not give him any money but merely asked him to give some Zakah on your behalf and he does this for you, the Zakah will be fulfilled. He should now take whatever amount he had paid from you.
16. If a person pays some Zakah on your behalf without your asking him to do so or without your permission, the Zakah will not be fulfilled. Now, even if you agree or accept his payment on your behalf, it will not be permissible. He does not even have the right to collect or ask you for that money.
17. You have given a person R2 to be given on your behalf as Zakah. This person has the choice of giving it to a poor person himself or asking a third person to give it on his behalf. When giving it to this third person he does not have to mention your name that this Zakah must be given on behalf of so and so person. If that person gives the money to a relative of his, or to his parents if he finds them in need, this is also permissible. However, if the person who was asked to distribute the Zakah is poor himself; he cannot take this money for his personal use. But, at the time of giving the money to him, if you told him to do whatever he likes with the money and that he could give it to whomsoever he wishes, it will be permissible for him to keep it for his personal use