Aya

1953
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Bismillahi Al-Rahman Al-Raheem

Series of Questions Addressed to Scholar Sheikh Ata Bin Khalil Abu Al-Rashtah,
Ameer of Hizb ut Tahrir through his Fiqhi Facebook Page
Answer to the Question

Zakat on Trade Deals
To:  Imad M. Sa’ad
(Translated)

Question

Assalamu alaikum our sheikh, may Allah cherish you with Islam and cherish Islam with you. I pray to Allah that I will be among those who will give you the Bayah for the Khilafah on the method of the Prophethood, for He is the One Able of everything.

I have a question about Zakat, Zakat on trade deals or money; is it acceptable to give Zakat on them or part of them before a full year (al-Hawl) passes on them, and is the completion of (al-Hawl) a condition to pay Zakat on them? 

May Allah help you with what is good for Islam and Muslims in this world and the Hereafter, Wa Assalam Alaikum wa Rahmatullahi wa Barakatuh.

Answer

Wa Alaikum Assalam wa Rahmatullahi wa Barakatuh,

The completion of al-Hawl is a condition for the reason of paying Zakat, which is “the quorum” (Nisab). If the condition is met, that is al-Hawl has passed based on the reason of “quorum” without decreasing it, then Zakat becomes obligatory. However, if it is given out before it is due then this giving is permissible, according to the Shariah evidence, which include the following:

- Al-Bayhaqi extracted in Al-Sunan Al-Kubra from Ali: «أَنَّ الْعَبَّاسَ رَضِيَ اللهُ عَنْهُ سَأَلَ رَسُولَ اللهِ فِي تَعْجِيلِ صَدَقَتِهِ قَبْلَ أَنْ تَحِلَّ فَأَذِنَ لَهُ فِي ذَلِكَ».

“That Al Abbas, may Allah be pleased with him, asked the Messenger of Allah (saw) if he can hasten in paying his Sadaqa before its Hawl has completed, the Messenger of Allah (saw) granted him permission”.

- Al-Darqitni extracted in his Sunan from Hujr Al-Adawi from Ali that he said: The Messenger of Allah (saw) said to Omar: «إِنَّا قَدْ أَخَذْنَا مِنَ الْعَبَّاسِ زَكَاةَ الْعَامِ عَامِ الْأَوَّلِ»

“We took the Zakat of the year from Al-Abbas in the first year”.

- Also Al-Darqitni extracted from Musa bin Talha from Talha that the Prophet (saw) said: «يَا عُمَرُ أَمَا عَلِمْتَ أَنَّ عَمَّ الرَّجُلِ صِنْوُ أَبِيهِ؟ إِنَّا كُنَّا احْتَجْنَا إِلَى مَالٍ فَتَعَجَّلْنَا مِنَ الْعَبَّاسِ صَدَقَةَ مَالِهِ لِسَنَتَيْنِ».

“O Omar did you not know that the Uncle of the Man is the twin of his father? We needed money so we took Sadaqa from the money of Abbas for two years earlier”.

There was a disagreement in the Isnad of Al-Hakam and the correct is from Al-Hasan ibn Muslim which is Mursal (transmitted).

Accordingly, it is permissible to hasten the giving of Zakat before it becomes due.

For your information, most scholars say so.
Your brother,
Ata Bin Khalil Abu Al-Rashtah


The link to the answer from the Ameer’s Facebook page:
https://www.facebook.com/Ata.abualrashtah/photos/a.154439224724163.1073741827.154433208058098/322819081219509/?type=1&theater

11th Shawwal 1435 AH

   
07.08.2014
   



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