Zakah & Khums

[Muslim First]

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Zakah,
definition
[Fiqh-us-Sunnah 3.1]

Zakah or alms tax can be defined as that portion of a man's wealth which is designated for the poor. The term is derived from the Arabic verbal root meaning "to increase." "to purify," and "to bless." It find its origin in Allah's command to: "Take sadaqah (charity) from their property in order to purify and sanctify them" [at-Taubah 103]. That is why this kind of sadaqah is called zakah, for by paying it, one is aspiring to attain blessing, purification, and the cultivation of good deeds.

Taking into account its very nature, it is no wonder that zakah constitutes one of the five pillars of Islam. It is associated with prayer(salah) in eighty-two Qur'anic verses. Allah, the Exalted One, prescribed it in His Book (The Qur'an), His Messenger corroborated it by his (sunnah), and the community (ummah) by consensus upheld it. Ibn 'Abbas reported that when the Prophet, upon whom be peace, sent Mu'adh ibn Jabal to Yemen (as its governor), he said to him: "You are going to a people who are People of the Scripture. Invite them to accept the shahadah: that there is no god but Allah and I am His Messenger. If they accept and affirm this, tell them that Allah, the Glorious One,has enjoined five prayers upon them during the day and night. If they accept that, tell them also that He has enjoined sadaqah upon their assets which will be taken from the rich of the (Muslim) community and distributed to the poor. If they accept that, refrain from laying hands upon the best of their goods and fear the cry of the oppressed, for there is no barrier between Allah and it."

At-Tabarani relates in al-'Awsat and as-Saghir,on the authority of 'Ali, that the Prophet said: "Allah has enjoined upon rich Muslims a due to be taken from their properties corresponding to the needs of the poor among them. The poor will never suffer from starvation or lack of clothes unless the rich neglect their due. If they do, Allah will surely hold them accountable and punish them severely." According to at-Tabarani: "It was reported only by Thabit ibn Muhammad az-Zahid." Of Thabit's credibility, al-Hafiz in turn says: "Thabit was an honest and trustworthy person. AlBukhari and others related from him, and the rest of the narrators in the chain are considered as accepted authorities."

In the early days of Islam at Makkah, no limit or restriction was placed on the amount to be donated, for that decision was left to the individual Muslim's conscience and generosity. In the second year of hijrah, according to the widely known authorities, both the type and the quantity of zakah revenues were determined, and detailed illustrations were provided.

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[Muslim First]

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The Niyyah

Since the payment of zakah is an act of worship, its validity depends upon the expression of one's intention. That is, the zakah payer should pay it for the sake of Allah; he should make up his mind, with all of his heart, that zakah is an obligation to be discharged. Allah says: "And they are commanded no more than this: to worship Allah, sincere in their faith in Him alone" [al-Bayyinah 5].

It is related in al-Bukhari and Muslim that the Prophet, upon whom be peace, said: "The value of [one's] deeds is determined by [one's]intentions; and thus for each shall be according to his intentions." Malik and ash-Shaf'i say
that the intention is to be made at the time of rendering zakah. Abu Hanifah holds that the intention must be present at the time of payment or when zakah is being set aside from one's assets. Ahmad's view is that it is permissible to express the niyyah a little earlier before
payment.

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[Muslim First]

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Payment of Zakah
in Due Time

Zakah must be paid immediately at its due time. Deferring payment of zakah is prohibited, unless the payer for some valid reason cannot pay it on time. In such a case, he may wait until he is able to pay it. It is related by Ahmad and al-Bukhari that 'Uqbah ibn al-Harith said: "Once I performed the 'asr prayer with the Prophet, upon whom be peace. When he concluded the prayer, he hurriedly went to his house and retumed immediately. Noticing the amazed faces, he said: 'I left at home a piece of gold which was meant for sadaqah, and I did not want to let it remain a night in my house, so I ordered it to be distributed.'"

Ash-Shaf'i and al-Bukhari (the latter in his Tarikh) relate from 'Aishah that the Prophet, upon whom be peace, said: "Whenever sadaqah which is payable is mixed with a property, it will destroy that property." The same hadith is related by al-Humaydi with this addition: "If you have to pay sadaqah which is payable, then it must be set aside, or the unlawful [property] will destroy the lawful one."

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[Muslim First]

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Who Must Pay the Khums
(One-Fifth)

Most scholars are of the opinion that khums is due on anyone who finds a treasure, whether he happens to be a Muslim, a free non-Muslim subject (dhimmi), old, young, sane, or insane. However, the guardians of the young and insane must pay it on their behalf. Ibn al-Mundhir comments that all learned persons agree that a dhimmi who finds rikaz has to pay its
khums. This is also the opinion of Malik, the scholars of Madinah, ath-Thauri, al-Auza'i, the scholars of Iraq, those who use analogy (ashab ar-ra'y), and others. Ash-Shaf'i stated that khums is only due upon those who must pay zakah.

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Distribution of Khums

According to ash-Shaf'i, the distribution of khums is similar to the distribution
of zakah. Ahmad and al-Baihaqi narrate from Bishr al-Khath'ami that a man
from his tribe said: "While I was in Kufah, I received a jar from an old
monastery at the zakah district (jibayah) of Bishr. There were 4,000
dirhams in it. I took it to 'Ali, who told me to divide it into five parts, which I
did. Then, 'Ali took one-fifth and gave me four-fifths. When I departed, he
called me and asked if there were some needy people living near me. I
replied that there were, and he asked me to divide the one-fifth among
them." Abu Hanifah, Malik, and Ahmad are of the opinion that its distribution
is similar to the distribution of booty (fay').

Ash-Shu'bi narrates that a man, while he was out of Madinah, found 1,000
dinars in the ground. He brought them to 'Umar ibn alKhattab, who took the
khums of 200 dinars and gave the man the rest. 'Umar started to distribute
the 200 dinars among the Muslims who were present. Since a little bit was
left over, he then asked: "Where is the owner of the dinars?" When the man
responded, 'Umar said to him: "Take these dinars, for they are yours." In
alMughni, it says that if it were like zakah, he would have alloted it to
those who deserved it and would not have returned it to its finder.
Furthermore, rikaz can be given to the dhimmi, whereas zakah is not.

[Muslim First]

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Evading the Payment of Zakah

The opinion of Malik, al-Auza'i, Ishaq, Ahmad, and Abu 'Ubaid is that whoever possesses a nisab of any kind of property and then sells it before the completion of the year hawl, or gives it away as a gift, or damages part of it with the intention of avoiding its zakah, he still must pay its zakah. If he engages himself in any of the preceding acts at a time when his obligation to pay zakah is about to mature, he will be forced to pay it. If, however, any of the preceding acts happen at the beginning of the hawl, this will not constitute an evasion, and he will be (legally) free from his obligation to pay zakah.

Abu Hanifah and ash-Shaf'i hold that since the amount decreased before the end of the hawl, zakah will not be paid on it. He would still be considered a wrongdoer and disobedient to Allah for attempting to escape it. The early Muslims based their rationale on the 'ayahs in whichAllah, the Exalted One, says: "Lo! We have tried them as We tried the owners of the garden when they vowed they would pluck its fruit the next morning, and made no reservation [for the will of Allah]. Then a visitation from your Lord came upon it while they were asleep. So the garden became a dark and desolate spot in the morning, as if it were plucked" [alMulk 17-20]. Allah punished those people for avoiding their obligation to the poor.

Zakah, as such, will still be due and the person has to pay it because his intention was to deprive the poor of their share in his wealth. This would be similar to the case of a man who divorces his wife during his terminal illness. His evil intention calls for punishment as a redemptive act. Another case of a similar nature would be that of a person who kills his benefactor so that he could have his inheritance. In that case, Allah punishes him by depriving him of his inheritance.

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Collectors of Zakah:

Zakah collectors are officials appointed by the leader or his deputy to collect it from the rich. Among them are the custodians of zakah, shepherds and clerks for its administration. They must be Muslims and should consist of those who are potentially not eligible for zakah. Thisincludes the family of the Prophet--that is, Banu 'Abdul Mutallib. It is related by al Muttalib ibn Rabi'ah ibn Harith ibn 'Abdul Muttalib that he and al-Fadl ibn al-'Abbas went to the Messenger of Allah, upon whom be peace: "One of us said: 'O Messenger of Allah! We have come to you so that you may invest us with authority to administer zakah, that we shall gather (collect) the benefits the people are to receive, and render service to you that others give.' The Messenger of Allah answered: 'Indeed, zakah ought not to be given to Muhammad or to the family of Muhammad. Zakah is nothing but filth that comes out from people's properties.'" This is reported by Ahmad and Muslim. Another version states: "It is not permitted to Muhammad or to the family of Muhammad."

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Certain people, though well-off, can still receive zakah:

Abu Sa'id reported that the Prophet, upon whom be peace, said: "Sadaqah is not allowed for the well-off except for the following five: an administrator of zakah, a purchaser of zakah holdings, a debtor, a warrior in the cause of Allah, or a person who is given a present by the needy (miskeen) from what the latter had been granted as zakah." This is related by Ahmad, Abu Dawud, Ibn Majah, and al-Hakim. The latter grades the preceding hadith as sound according to the criteria of Muslim and al-Bukhari.

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The wages ought to be sufficient to cover legitimate needs:

AlMustawrid ibn Shaddad relates that the Prophet, upon whom be peace, said: "If someone performed a job for us and has no house, let him have a house; if he has no wife, let him have a wife; if he has no servant, let him have a servant; or if he has no mount to ride, let him have one. He who clamors for anything other than these is being excessive." This is related by Ahmad and Abu Dawud and its chain is sound.Commenting on the subject, al-Khattabi says: "This may be interpreted in two different ways. The first means that the individual is permitted to have a servant or a house deducted from his wages, which are similar to any other wages. He is not permitted to take anything else. The second means that the zakah worker has the right to have lodging and a servant. Thus, if he does not have a house or a servant, one may be hired to serve him and a house may be
rented for him during the tenure of his job."

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[Muslim First]

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The zakah
employees

Muslims who are employed to collect zakah, either through persuasion or force, from those who are not willing to give it can also qualify as its recipients for it is better to use such people to maintain Muslim unity. Their support and their undertaking to help the government is the lesser of two evils and a preferable arrangement.

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[Muslim First]

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Who Has Priority in the distribution of zakah

The distribution of zakah to those who are eligible, as mentioned in the 'ayah from at Taubah, can now be classified as under:

The poor (fuqdra'); the needy (rnasakm); the administrators of zakah ('amildna 'alaiha); those whose hearts are to be won over(mu'allafatu qulubuhum), slaves (ar-riqab); those in debt (gharimun) the wayfarers (abna' as-Sabil); the warriors (rnujahidln).

The jurists differ over the distribution of zakah among the preceding eight groups of people.

Ash-Shaf'i and his followers hold that if a distributor of zakah happens to be the owner of the property (or the agent), then there is no share of the collectors in it. In that case, it becomes obligatory to distribute the sum collected among the remaining seven categories. If other categories are for some reason ineligible for their share, it will be distributed among those still eligible. It is not permissible to disregard any category if it meets the conditions for eligibility. Ibrahim anNakha'i says that if the amount of zakah received is large, then it is possible to divide it among the different categories. However, if it is small, it is permissible to place it into one category. Ahmad ibn Hanbal holds that the division of zakah has a priority but that it is permissible to give it all to one category.Malik maintains that the distributor of zakah should make an effort to investigate those who are in need. He should distribute it according to the immediate condition of the needy and poor people. Thus, if he sees in certain years that the poor need more, they should be given priority. If he sees in another year that the wayfarers are more needy, he should distribute it among the travelers. The Hanafiyyah and Sufyan athThauri thought that the zakah payer can choose the categories he wished to distribute the zakah to. This is related by
Hudhaifah and Ibn 'Abbas. Al-Hasan alBasri and 'Ata' ibn Abi Rabah base
their opinions on it. Abu Hanifah holds that thedistributors of zakah may give it to one person under any of the eight categories.

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[Muslim First]

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People Forbidden for Zakah

We have discussed so far the distribution of zakah and the categories of people eligible to receive it. Now we will talk about those who are forbidden to receive it. They are:

Unbelievers

The jurists agree that unbelievers and atheists are not to be given zakah. In the hadith which says: "Zakah is taken from the rich and given back to the poor," "the rich" refers to rich Muslims while "the poor" indicates poor Muslims. Ibn al-Mundhir said that all scholars agree that the free nonMuslim subject (dhimmi) is not entitled to zakah. Exceptions to the rule are those people whose hearts are leaning toward Islam. However, it is permissible to give a dhimmi from the nonobligatory charity (tatawwu'). Alluding to the characteristics of the belivers, the Qur'an says: "And for His love, they feed the indigent, orphan, and captive" (ad-Dahr: 8.. This is also supported by the following hadith: "Be kind to your mother." The woman in this case was an unbeliever.

Banu Hashim

This includes the families of 'Ali, Ja'far, al'Abbas, and al-Harith. Ibn Qudamah says there are no two opinions on the ineligibility of Banu Hashim to receive zakah. The Prophet, upon whom be peace, declared: "Indeed, sadaqah ought not to be given to the family of Muhammad ..." Muslim related it. Abu Hurairah reported that when al-Hasan took one date from the sadaqah dates, the Prophet, upon whom be peace, said to him: "Nay, spit it out! Don't you know that we cannot eat from charity?" Scholars agree on the authenticity of this hadith. As to the eligibility of Banu al-Muttalib for zakah, the scholars differ.

Ash-Shaf'i holds that like Banu Hashim they are disallowed to take zakah. Ash-Shaf'i, Ahmad, and al-Bukhari relate from Jubair ibn Mut'im who said: "At the battle of Khaibar, the Prophet, upon whom be peace, set aside the share of the relatives of the families of Banu Hashim and Banu al-Muttalib and left out the shares of Banu Nawfal and Banu 'Abd Shams. I and 'Uthman ibn 'Affan came to the Messenger of Allah, upon whom be peace, and said to him: 'O Messenger of Allah! Do not deny Banu Hashim the grace of their position because Allah placed you among them. How about our brothers Banu al-Muttalib? You gave them and left us out? Isn't our relationship one and the same?' The Prophet, upon whom be peace, answered: 'I and Banu al-Muttalib are not to be separated either during
jahiliyyah or Islam. We and they are one.' Thenhe joined his fingers [in demonstrating the close relationship]." Reason dictates that one should not differentiate between them (the two families) in any matter of law because they are one according to the saying of the Prophet.It is evident that they are the family of Muhammad, and therefore, sadaqat are forbidden to them. Abu Hanifah holds that the family of Banu al-Muttalib may take from zakah. Both these reports are related by Ahmad. Just as the Messenger of Allah, upon whom be peace, made charity unlawful for the family of Banu Hashim, he also made it
unlawful for their proteges (mawla). Abu Rafi',a protege of the Prophet, said that
the latter appointed a man from the family of Banu Makhzum to collect sadaqat. This man said to Abu Rafi': "Accompany me so that you may get some of it." He said: "No, until I meet the Messenger of Allah, upon whom be peace, and ask him." He left and asked him. The Prophet answered: "Sadaqah is not lawful for us--and the proteges of a certain tribe are like [the members of the tribe] themselves." Ahmad, Abu Dawud, and at-Tirmidhi related it. The latter grades it good (hassan) and sound (sahih).

Whether nonobligatory charity (tatawwu')islawful for the family of the Prophet or not, scholars differ. Ash-Shaukani, having summarized the views on the issue, says: "The apparent meaning of the Prophet's hadith, 'Sadaqah is unlawful for us,' is the unlawfulness of the obligatory as well as nonobligatory sadaqat." A group of scholars, including al-Khattabi, says that its prohibition for the Prophet, upon whom be peace, carries consensus. Based on ashShaf'i's report, many others have ruled that the prohibition of zakah to the Prophet does not include the nonobligatory charity. A report from Ahmad equally says so but Ibn Qudamah rejects all these reports for lack of clear evidence.

As for the family of the Prophet, upon whom be peace, the vast majority of the Hanafiyyah, the Shaf'iyyah, the Hanbaliyyah, and the majority of the Zaidiyyah hold that nonobligatory sadaqah is permissible for them but not the obligatory one, since to them the latter is nothing but filth that comes out from people's holdings. This is understood to mean that the (prescribed) zakah and not the nonobligatory sadaqat, are forbidden to them. It is said in alBahr that nonobligatory sadaqah is restricted by being confined to a donation, gift, or endowment. Abu Yusuf and Abu al-'Abbas maintain that it is unlawful for them,as is the prescribed charity, because there is no evidence of the contrary.

Fathers and Sons

The jurists agree that it is not permissible to give zakah to one's father, grandfather, mother, grandmother, son, grandson, daughter, and her children because the zakah payer is obligated to take care of all such people anyway. In case of their poverty, they should draw upon his largesse because it is their right. Thus, if he pays them zakah, he benefits himself and avoids the obligation of supporting them. Malik exempts the grandfather, grandmother, grandsons, and granddaughters because one does not have an obligation to support them if they are poor. However, if they are well-off and fought voluntarily for the cause of Allah, the zakah payer may give them some of the zakah designated for those fighting in the cause of Allah. He may also give them some of the share meant for debtors, though he is not obligated to pay off their debts. He may also give them a portion of the amount set aside for zakah collectors, provided they are in this category.

The

Ibn al-Mundhir says that all scholars agree that a man is not obligated to give his wife zakah, the reason being that adequate support for her is already enjoined upon him, unless she is in debt. In that case, she may be given from the debtor's share to pay off her debt.

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[Muslim First]

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The
Distribution of
Zakah in
Order to Grow
Nearer to Allah

It is not permissible to distribute zakah so as to grow nearer to Allah other than what Allah, the Exalted One, mentions in the 'ayah: "The alms are only for the poor and the needy" (at-Taubah 60). Thus, zakah cannot be paid for establishing mosques, bridges, road repair, hospitality, shrouding the dead, and so on. Abu Dawud witnesses: "I heard Ahmad while he was asked whether spending part of the zakah on shrouding the deceased was permissible. He said: 'No. Nor can it be used to pay the debt of the dead.' " He also said: "One can pay the debt of a living person from the zakah but not that of the deceased. For a person who dies, there is no debt."

Ahmad was also asked what would happen if it had been given to help them redeem their debt. He answered: "Yes, for his family it is all right."

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[Muslim First]

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Paying Zakah to the Leader
Regardless of is Being Just or Unjust

It is permissible to pay zakah to a Muslim leader, whether he is just or not, provided he rules (more or less) according to Islamic laws. The property owner absolves himself of his obligation by giving zakah to the leader. If the leader does not distribute it properly, it is preferable that the property owner do so himself, unless the leader or his agent asks for it.
Anas reported: "A man from the tribe of Banu Tamim came to the Messenger of Allah, upon whom be peace, and said: 'O Messenger of
Allah! If I paid the zakah to yourrepresentative, am I acquitted of my responsibility?' The Messenger of Allah, upon whom be peace, said: 'Yes, if you pay it to my representative, then you have acquitted yourself. Its reward will be yours and its sin will be upon whoever misused it.' " This is related by Ahmad.

Ibn Mas'ud reported that the Prophet, upon whom be peace, said: "After me, there will be selfishness and you will deny obligations." They said: "O Messenger of Allah! What do you command us to do?" He answered: "Pay the due which is upon you and ask Allah what is right for you." This is related by al-Bukhari and Muslim.

Wa'il ibn Hajar reported: "I heard the Messenger of Allah, upon whom be peace, say after a man had asked him his opinion of our leaders who deny their right [of collecting and distributing the zakah]: 'Listen and obey, for indeed, they have their responsibility and you have yours.' " This is related by Muslim.

Commenting on the subject, ash-Shaukkani says that the hadith cited in this section are used by many scholars to justify the permissibility of transferring both kinds of zakah to unjust rulers. This applies to rulers of Muslims in the world of Islam (Dar al Islam).

As to contemporary Muslim governments, Sheikh Rashid Rida says: "At present, the majority of Muslims do not have an Islamic govemment which
establishes Islam, propagates and defends it,calls for jihad individually or collectively, implements its divine injunctions, and collects and distributes zakah according to the rules laid down by Allah, the Exalted One.

Some of the Muslim rulers are under the influence of Western powers, while others are under the tutelage of polytheists. These foreign powers employ Muslim leaders as tools to subjugate the people in the name of Islam, thus destroying Islam itself. They use the influence of the Muslim leaders and Muslim resources, including zakah and endowments, to further their interests. To such rulers, it is not permissible to pay any part of zakah, regardless of their title or profession of faith. As for the rest of
the Islamic governments whose rulers and heads of state profess Islam and whose finances are not controlled by foreigners, the payment of
unhidden zakah should be made to their leaders. This also applies to hidden properties, such as gold and silver, when the leaders request it, even if they are unjust in some of their judgments, as is said by the jurists."

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[Muslim First]

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The Legitimacy of Zakah on Rikaz and Ma'din

That zakah of rikaz and ma'din is obligatory is shown by a statement attributed to Abu Hurairah: "The Prophet, upon whom be peace, said: 'There is no compensation for one killed or wounded by an animal, falling in a well, or because of working in mines; but, one-fifth (khums) is compulsory on rikaz.' " Ibn al-Mundhir confesses that he does not know anyone who contradicted this hadith except al-Hasan, who differentiates between what exists in the land of war and the Islamic land. The latter holds that if rikaz is found in the land of war, one-fifth (khums) is due, but if it is found in the Islamic land, it will be subject to the
regular zakah.

Explaining it, Ibn al-Qayyim says that there are two interpretations of this statement:

The first interpretation is that whenever someone hires someone else to dig a mine for him and then he falls into it and is killed, there is no compensation for him. This view is supported by the Prophet's saying: "There is no compensation for one who falls into a well or who is killed by an animal--(al-bi'r jubar, wa al-'ajma' jubar)."

The second interpretation is that there is no zakah on minerals. This view is supported by the Prophet's saying: "... but one-fifth is compuslory on treasure--(wa fi az-zakah al-khums)." Thus, he differentiated between
mineral (ma'din) and treasure (rikaz). He made zakah on rikaz compulsory because it is a wealth obtained without any cost or effort. He exempted minerals (ma'din) from zakah because they require both cost and effort for their mining.

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Rikaz might be found in the following places:

1: In a barren land, a land of unknown ownership, or in an intractible road, or ruined village. In that case, Khums has to be paid, and the one who found it may keep the other four-fifths for himself. This is based on a report from an-Nasa'i on the authority of 'Amr ibn Shu'aib from his father and from his grandfather, who said that when the Messenger of Allah, upon whom be peace, was asked about a lucky find (al-luqatah), he responded: "For anything along a tractable road or in an inhabited village, its ownership is determined by established custom. If the owner claims it, it is his. However, when an item is found in an intractable road or in an uninhabited village, then on it and the rest of the find, one-fifth ( khums ) is payable."

2: If the rikaz is found by someone in a land transferred to him, then it is his, as it is lodged in the land. Nevertheless, his ownership does not come from his possession of the land--it comes from the fact that it became known to him. Analogically, this kind of find falls into the category of grass, firewood, and game which are found on land which is not his. He can claim it if the one who transferred the land does not ask for it. In that case, it will be his because the land originally belonged to him. This is the view of Abu Yusuf, and the Hanbaliyyah uphold it as sound. Ash-Shaf'i says it belongs to the owner who transferred the land (if he claims it) before him, and so on until it is claimed by the first original owner.

Whenever land is transferred throug inheritance, it is considered an inheritance by itself. If, however, the inhabitants agree that it did not belong to the one from whom they inherited it, then it belongs to the original owner. If he is unknown, then it is considered the lost property of an unknown owner. Abu Hanifah and Muhammad say that it belongs to the original owner of the land or to his inheritors if they are known; if they are not, it is to be placed in the public treasury.

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[qiyam]

Dear MF,
the following is the same reply I gave 2 years ago to you:

posted 12-04-2001 04:17 PM
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Dear Muslim First,
Translation by Picktall
"[8.41] And know that whatever thing you gain, a fifth of it is for Allah and for the Apostle and for the near of kin and the orphans and the needy and the wayfarer, if you believe in Allah and in that which We revealed to Our servant, on the day of distinction, the day on which the two parties met; and Allah has power over all things."

In addition, in ready the actual arabic...the words for war booty or anything related to it are not in the ayats.

Wa a'lamu an'nama ganim'tum min shay'in fa'anna lillahi khumsahu, wa lir'rasuli...."

And know what you gain (or become richer of) from anything, from it is for Allah a fifth, and for Rasul..-------------------------------
al'Kafi, H 1405, Ch. 130, h 10

Muhammad ibn Yahya has narrated from Ahmad ibn Muhammad from Muhammad ibn Sinan from Abd al-Samad ibn Bashir from Hakim Mu'adhin ibn 'Isa who has said the following.

"Once I asked Imam Jafar Sadiq (as) about the words of Allah, the Most High, "Know that whatever property you may gain, one fifth belongs to Allah, the Messenger of Allah, the relatives,..." (8:41)

Imam Jafar Sadiq (as) placing his elbows on his knees and making hand gestures said, "By Allah, such gains are the daily gains except that my father had given more freedom and ease to his Shi'a (to pay the one fifth any time during or at the end of the year)."

[Muslim First]

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Br. qiyam

Could you please explain me what happens in following scenario:

Suppose you earn $100,000 in salary. You have no assets and savings or gold etc.

You pay $30,000 in all taxes.

Your household expenses are $50,000

So you save $20,000.

What will you give your Dai as Zakat and Khums?

Wasalaam

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[muminfirst]

Zakat is on assets. Khumus is on income. From your example, if you do not have any assets (your own house does not count for Zakat calculations) then you do not have any Zakat due. With 100,000 salary, your Khumus would be 20,000. Now it is up to you, how much of this you are able to part with. What you are obligated is 20,000.

May Allah grant you Reformists Taufeek !!!!

[MOHD HUSSAIN]

So there goes my equation Qiyam- Dai=imam=prophet mohd=allah & so dai=allah _It won't be hard to argue with Qiyam that one fifth belongs to Dai & he is unaccountable!

[Muslim First]

Br. Mumin First wrote:

Zakat is on assets. Khumus is on income

Khumus is on income

Based on what in Quran and Sunnah of Prophet SAW?

Wasalaam

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[muminfirst]

This is clearly mentioned in the Quraan.

[sinsaf]

Come Ramadan and one witnesses a remarkable difference in the behavior of Dawoodi Bohras and Muslims in general. For Muslims it is the holiest month and they eagerly wait for its arrival. But for Bohras it is a month of going through humiliation and harassment and they fear it the most.
For Muslims it is a month of fasting and prayers. For Bohras it is a month of frustration and unwilling payments. For Muslims it is a month when they help other needy Muslims by paying Zakat and Sila-fitra. But for Bohras it is a month when the money is extorted even from the needy and poor. Muslims realize the hunger and sufferings of others by observing fasts. Bohras are compelled to negotiate feasts and dinners for Sehri and Iftari by their priests.
Ramadan is a month when even an errant Muslim refrains from greed and cruelty. But one witnesses the most horrifying incidences of cruelty done on Dawoodi Bohras by their priests whose lust for money acquires a new dimension in this holy month. The Kothar and its bunch of Amils become extortionists of the first order. They not only increase the taxes manifold but also impose new taxes, which have no sanction in the Qur'an or Shariah. Not only that, but they collect these taxes from the Bohras most ruthlessly. Even the poorest of poor in the community are not spared.
Through fasting, prayers and distribution of Zakat, Islam wants every Muslim to be sensitive to the sufferings of others. But the Dawoodi Bohra religious functionaries become most insensitive to the suffering of the community. They harass and terrorize people into paying them what most of them cannot afford to pay. Beg, borrow or steal - the Bohras must fill the coffers of their masters.
Zakat, according to the holy Qur'an is for the poor and needy and for those specifically mentioned in the Qur'an. It must be paid directly to them otherwise the whole purpose of Zakat is defeated. Sila is not to be paid in advance but it is to be given to the poor and deserving only on the day of Idd. The Bohra priests come nowhere near this yardstick. And it is well known that they do not spend this amount for the benefits of the poor but it goes towards maintaining their royal status.
Worst is the case of Sabil. The Sabil is to be charged minimum as it is for the maintenance of local Mosques and other common properties for community's use. Kothar imposes heavy Sabil, which is increased every year. Sabil is also imposed on business establishments. Sabil is not used for the purpose it is collected for. The Kothar takes away the entire amount and nothing is given to the local Jamaat. This is a worst kind of deception that Bohras bear silently. They pay to the Kothar without any protest without realizing that every single paisa paid to the Kothar enhances the strength of our exploiters.
Come Ramadan and we receive piles of complaints from every corner for forcible collection by the Kothar.
This Ramadan it is worst. The sites of musaalahs for praying during 30 days of Ramaan are sold at the rate of Rs. 1000 per site at Chennai (Madras). Whole jamat has revolted against it by organizing agitations and distributing pamphlets. Though yet to be confirmed the news is that when Bohras started entering the mosque without paying for the site, they were resisted by the henchmen of local priest. One person was badly injured in the tussle and died. So much for the commercialization of Islam by our beloved Sayedna Saheb and that too at the age of 92 years!

[Muslim First]

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Dear Br. Mumin First

AS

There is no requirement of Zakah or Khums on salary

See following links:

Zakaah on an employee’s salary
http://63.175.194.25/index.phpln=eng&ds ... 6113&dgn=4

Zakah on Salary
http://www.islamonline.net/fatwa/englis ... waID=21527

Wasalaam

.

[Muslim First]

.
Dear Br. Mumin First

AS

There is no requirement of Zakah or Khums on salary

See following links:

Zakaah on an employee’s salary
http://63.175.194.25/index.php?ln=eng&d ... 6113&dgn=4

Zakah on Salary
http://www.islamonline.net/fatwa/englis ... waID=21527

Wasalaam

.

[muminfirst]

The links do not work

[Muslim First]

.
Br. Mumin First

I have reposted the links

Wasalaam

.

[Muslim First]

.Brothers

Why do Bohras bring and spread their own Musallahs in Masjid? When I go to a sunni Masjid I do not bring my own Musalla. There is a carpet or Chatai in Masjid. Also when each Muslim prays on his own Musalla, that means you are not praying shoulder to shoulder in Jamaat. There is a gap between two Muslims (not when they are fat). We are always reminded to close gaps so Shaitan do not get in between the two praying brothers. Can somebody shed light on this custom?

Wasalaam

.

[humble_servant_us]

Why do Bohras bring and spread their own Musallahs in Masjid? When I go to a sunni Masjid I do not bring my own Musalla. There is a carpet or Chatai in Masjid. Also when each Muslim prays on his own Musalla, that means you are not praying shoulder to shoulder in Jamaat. There is a gap between two Muslims (not when they are fat). We are always reminded to close gaps so Shaitan do not get in between the two praying brothers. Can somebody shed light on this custom?

peace be upon u...

Lets argue When is a Massalla required?

A masaalla is a piece of "pure" cloth on which someone offers prayers. Now if i use a masalla to pray it means that the bear carpet or floor on which i put the massalla is impurer than my massalla , hadthe bear carpet/floor been more purer i wouldn't have required a massalla. so use of massalla in house is justified as it is more likely to be impure. But use of massalla in mosque means that the floor of mosque is more impure than each person's massalla...
The immediate question will be why is the mosque impure..the answer is because we bohras are not enough educated to know abt the sancity of the mosque , so we enter into the mosque in whatever state we are, particularly do not wash our feet which is the main source of dirt in the mosque...

What should be is that the washing area should be before the main entrance of mosque so that everyone cleanses himself before entering the mosque and in that case no masalla is required...

But the sunni mosque which i visit it is worse there as they also enter the mosque generally before washing the feet and then perform wudhu and don't use a massalla either...

Shoulder to shoulder standing depends upon the number of people attending the jamaat..if the people are more definately everyone will be closely standing and if people is less than they may not be as close so what i feel it is not the massalla thing which is obstructing this....

hs

[asif]

Dear MF ,
U wrote

There is a carpet or Chatai in Masjid. Also when each Muslim prays on his own Musalla, that means you are not praying shoulder to shoulder in Jamaat. There is a gap between two Muslims (not when they are fat). We are always reminded to close gaps so Shaitan do not get in between the two praying brothers

So what should the above be called , Ur superstition or ur grand faith ? As per this , "shaitaan" will not be able to squeeze in if the shoulders touch , meaning that shaitaan has physical dimensions. Pray , let us know the shape/size of it & the tool u use to measure it - .

Curious to have some answers from the preachers who invoke all sorts of scientific principles to justify text of their beloved books.
Come on MF , u argue like anything with other chaps to prove ur point , let us know what u have on ur superstition , oops faith.