Zakat al-fitr for the insane person

Islamic Fiqh > Zakat > Zakat al-fitr > Zakat al-fitr for the insane person

Updated on 25 September 2026 at 3:23 PM

This part belongs to the full section: All sections of this part.

This third part of the rules of zakat al-fitr brings together 8 sheets of the legal encyclopedia. It addresses the zakat owed for the insane person and for the fetus, the time at which the zakat becomes obligatory, the permissibility of paying it before that time or delaying it after it, the place of payment when the payer and the person on whose behalf it is paid reside in different towns, and finally the transfer of zakat al-fitr to another country while entitled recipients live in the country of obligation. Each question sets out the opinions of the schools and their evidence drawn from the Quran, the Sunna and legal reasoning.

Zakat al-fitr for the insane person

The majority of scholars hold that zakat al-fitr is obligatory for the insane person from his wealth if he has any; if he has none, his guardian pays it on his behalf from his own wealth, whether the madness arose after puberty or before it (al-Mabsut 3/104, al-Jawhara al-Nira 2/5, Hashiyat Ibn Abidin 2/363, Mawahib al-Jalil 3/260, al-Mughni 4/310, al-Majmu 5/294).

Muhammad ibn al-Hasan (al-Shaybani), among the Hanafis, however distinguishes between madness occurring after puberty and madness preceding it: one who reaches puberty while already insane makes it binding on his guardian to pay zakat al-fitr for him, whereas one who reaches puberty sound of mind and then becomes insane imposes nothing of the kind on his guardian, since guardianship lapsed with puberty, even should it return out of necessity.

Imam as-Sarakhsi (may Allah have mercy on him) said : the mentally deficient and the insane occupy in this respect the position of the minor. It is also reported from Muhammad (may Allah have mercy on him) that the father pays the zakat for his son who is mentally deficient or insane when the latter reaches puberty in that state; but if he reaches it sound of mind and then becomes insane, the father is no longer obliged to pay it either from the son's wealth or from his own: when the child is born insane, what was obligatory persists through the continuation of guardianship; when he reaches puberty sound of mind, guardianship disappears and does not return afterwards even should it be reinstated out of necessity (al-Mabsut 3/104).

The majority of the people of knowledge grounded the obligation of zakat al-fitr for the insane person on the hadith of Ibn Umar (may Allah be pleased with them both):

"The Messenger of Allah (may the peace and blessings of Allah be upon him) ordered zakat al-fitr for the young and the old, the free man and the slave, among those you feed."authentic hadith, cited earlier

The point of the reasoning is that the Prophet (may the peace and blessings of Allah be upon him) commanded the one who feeds another to pay it on his behalf; the insane person is fed by his guardian, who must therefore pay zakat al-fitr for him from his wealth if he has any, and from the guardian's wealth otherwise. The reasoning moreover proceeds by analogy of the insane person to the minor, both being united by the obligation of maintenance: if zakat al-fitr is obligatory for the minor, it is likewise obligatory for the insane person.

As for Muhammad ibn al-Hasan's evidence for non-obligation when the madness occurs after puberty, it rests on the fact that zakat al-fitr becomes obligatory only together with capacity and guardianship; the insane person whose madness came after puberty saw his guardianship lapse with it, and the guardian having no guardianship over him, zakat al-fitr is no longer imposed, even should guardianship return out of necessity (al-Mabsut 3/104, al-Jawhara al-Nira 2/5, Hashiyat Ibn Abidin 2/363).

Zakat al-fitr for the fetus

The fetus is what is concealed in its mother's womb: if it comes into the world alive, it is a child; if it comes out dead, it is a miscarriage (al-Multaqa ala Abwab al-Muqni 1/138).

The scholars differed over zakat al-fitr for the fetus in 2 opinions. The first opinion: zakat al-fitr is not obligatory for the fetus; this is the view of most of the people of knowledge (Umdat al-Qari 9/110, Hashiyat Ibn Abidin 2/361, al-Dhakhira 3/157, al-Majmu 6/119, Tarh al-Tathrib 4/57, al-Mughni 4/64, Sharh al-Zarkashi 1/409, al-Furu 2/400, al-Mughni al-Muhtaj 2/388, al-Insaf 3/168). Imam al-Nawawi (may Allah have mercy on him) said: the fitra of the fetus is due neither from its father nor from its wealth, without disagreement among us.

Ibn al-Mundhir noted the transmission of consensus on this point: "All those whose knowledge is preserved among the scholars of the various lands do not impose a fitra for the fetus" (al-Majmu 6/119). Ibn Qudama (may Allah have mercy on him) said: the doctrine is that the fitra is not obligatory for the fetus; this is the view of most of the people of knowledge, as Ibn al-Mundhir reported: all those whose knowledge we preserve among the scholars of the various lands do not impose on a man the zakat al-fitr for the fetus in its mother's womb (al-Mughni 4/64, see al-Ijma 111).

They grounded this opinion on consensus and rational argument. As for consensus, Ibn al-Mundhir said: they agreed that no zakat is due for the fetus in its mother's womb, Ahmad ibn Hanbal having alone differed in liking it without making it obligatory (al-Ijma 111). Ibn Abd al-Barr (may Allah have mercy on him) said: Malik's view did not differ on the fact that one to whom a child is born after the day of breaking the fast owes nothing for it, and this is a consensus of him and of all the scholars (al-Tamhid 14/327, see Tarh al-Tathrib 4/57).

As for the rational argument, it proceeds in 3 ways:

  • the analogy of the fetus to the fetuses of grazing animals, both being united by concealment in the mother's womb; the fetuses of grazing animals are subject to no rules of zakat, and so it is with the fetus (al-Mughni 4/64, al-Mughni al-Muhtaj 2/388);
  • the fetus is granted the rulings of this world only in inheritance and bequest, conditional on being born alive; no payment of zakat al-fitr therefore follows for it;
  • the causes of the obligation are capacity and guardianship, and there is no full guardianship over the fetus: zakat al-fitr is therefore not imposed on it.

The second opinion: zakat al-fitr is obligatory for the fetus; this is a narration reported from Imam Ahmad (al-Mughni 4/64, al-Furu 2/400, al-Mughni al-Muhtaj 2/388, al-Insaf 3/186, Sharh al-Zarkashi 1/409, Tarh al-Tathrib 4/57). Ibn Qudama (may Allah have mercy on him) said: another narration from Ahmad states that it is due from him (al-Mughni 4/64).

Its proponents grounded it on what is reported from Uthman ibn Affan (may Allah be pleased with him), who used to give the charity of breaking the fast for the young, the old and the fetus (Ibn Abi Shayba, al-Musannaf 2/432, no 10737, from Humayd ibn Bakr and Qatada; Abdallah ibn Ahmad, al-Masa'il 1/170), and on the statement of Abu Qilaba: they liked to give zakat al-fitr for the young and the old, even for the fetus in its mother's womb (Abd al-Razzaq, al-Musannaf 3/319, no 5788). It is added that the fetus is a human being for whom the bequest is valid and who inherits: it therefore falls under the generality of the reports, and zakat al-fitr is thereby imposed on it (al-Mughni 4/64).

Ibn Hazm followed this opinion; al-Hafiz al-Iraqi (may Allah have mercy on him) nevertheless showed its weakness. Ibn Hazm reasoned from the narration mentioning the "young" to establish the obligation of zakat al-fitr for the fetus in its mother's womb: the fetus falls under the name of the young; if it completes 120 days in its mother's womb before the break of dawn of the night of breaking the fast, the charity of breaking the fast must be paid for it. He then cited the established hadith of Ibn Mas'ud in the 2 Sahihs:

"The creation of every one of you is assembled in his mother's womb for 40 days, then he becomes a clinging form like that, then a chewed lump like that, then an angel is sent... then He breathes into him the spirit."reported by al-Bukhari 3154 and Muslim 2643

Ibn Hazm concluded from it that the fetus is before that a dead thing, upon which no ruling bears; once alive, every ruling obligatory for the young becomes obligatory for it. Al-Iraqi then recalled the narration of Bakr ibn Abdallah al-Muzani and Qatada that Uthman (may Allah be pleased with him) "used to give the charity of breaking the fast for the young and the old, even for the fetus in its mother's womb", and the statement of Abu Qilaba: "they liked to give zakat al-fitr for the young and the old, even for the fetus in its mother's womb". Sulayman ibn Yasar was asked about the fetus: is zakat paid for it? He answered in the affirmative; and no Companion is known to have contradicted Uthman on this.

The author's father (may Allah have mercy on him) said in his commentary on al-Tirmidhi: the argument invoked to establish the obligation of zakat al-fitr for the fetus in its mother's womb is utterly astonishing. As for the Prophet's statement (may the peace and blessings of Allah be upon him): "for the young and the old", no intelligent person understands from it anything but what exists in this world; as for the nonexistent, we know of no one who made it obligatory. As for the hadith of Ibn Mas'ud, none knows what is in the womb except Allah, as He said:

"And He knows what is in the wombs."

Surah Luqman, 34

It may happen that a pregnancy is supposed while it is not one. Imam al-Haramayn said: there is no disagreement that the fetus is not known; the disagreement concerns treating it as known, in the sense that a share of inheritance is deferred for it in view of the possibility of its existence. The scholars likewise did not differ that the fetus owns nothing in its mother's womb and that no ruling is passed on the nonexistent until its existence appears.

As for what is reported from Uthman and others, it is no proof: the report of Uthman is discontinuous, for the narration of Bakr and Qatada from Uthman is mursal; the astonishing thing is that mawquf reports are not used as evidence even if they were sound and connected. As for Abu Qilaba's report: who then were "those whom it pleased"? Even had he named a group of Companions, that would not have constituted proof. As for Sulayman ibn Yasar, it is not established from him, for it comes from a man who was not named: no disagreement of any scholar is established in it. Abu Qilaba's statement "they liked it" rather clearly indicates non-obligation. Whoever volunteers a charity for a fetus hoping for its preservation and safety commits no wrong. The agreement on non-obligation was moreover transmitted before Ibn Hazm's dissent: Ibn al-Mundhir reported that all those whose knowledge is preserved among the scholars of the various lands mentioned that the payment of zakat al-fitr for the fetus in its mother's womb is not required of a man. Among those from whom this is preserved: Ata ibn Abi Rabah, Malik, Abu Thawr and the partisans of opinion; Ahmad ibn Hanbal liked it without making it obligatory, and no contradiction of our statement is soundly established from Uthman.

Another narration from Ahmad ibn Hanbal states the obligation of paying it for the fetus. Ibn Abd al-Barr said in al-Tamhid, regarding one to whom a child is born after the day of breaking the fast: Malik's view did not differ that he owes nothing for it, and this is a consensus of him and of all the scholars. He then indicated that what is reported from Malik and others about payment for one born during the remainder of the day of breaking the fast is carried on recommendation; likewise what he transmitted from al-Layth, namely that the father owes zakat al-fitr for a child born after the prayer of breaking the fast. He said: I like that for the Christian who embraces Islam at that moment, without considering it obligatory for him. His father (may Allah have mercy on him) said: al-Layth declared its non-obligation explicitly there; were it said to be obligatory, it would not be far-fetched, for the time of its payment extends to the end of the day of breaking the fast, by analogy with the prayer whose time may still be caught. Then he said: even though Ibn Hazm contradicted the consensus by imposing it for the fetus, his discourse contradicts itself. He said indeed: the young owes his father no zakat al-fitr unless he possesses wealth, in which case it is paid from his wealth; if he possesses no wealth, it is not required of the father then or afterwards. How then does he not impose its zakat on the father while the child is alive and existing, and impose it while it is nonexistent? If you say his words bear on the case where the fetus possesses wealth, we answer: how could it possess wealth when transfer of ownership to it is not valid? Were the one whom the fetus would inherit to die, we would not take possession on its behalf; it is a fetus and cannot be described as an owner until it is born. The same applies to maintenance: the sound view is that it is due to the pregnant mother, not to the fetus; were it due to the fetus it would lapse with the passage of time like the maintenance of a relative, and it does not lapse. Thus far the words of his father (may Allah have mercy on him) (Tarh al-Tathrib 4/57-59).

The time at which zakat al-fitr becomes obligatory

The scholars do not disagree that zakat al-fitr becomes obligatory at the end of Ramadan, according to the hadith of Ibn Umar (may Allah be pleased with them both) that the Messenger of Allah (may the peace and blessings of Allah be upon him) "made zakat al-fitr obligatory from Ramadan" (authentic hadith, cited earlier). They did however differ over the precise determination of the time, in 2 opinions. The cause of the disagreement is whether this charity is an act of worship tied to the day of Eid or to the exit of the month of Ramadan, the night of Eid not being part of the month of Ramadan (Bidayat al-Mujtahid 1/389).

The first opinion: zakat al-fitr becomes obligatory at the sunset of the last day of the month of Ramadan; this is the sound view among the Shafi'is, Malik's view in the narration of Ashhab, and the doctrine of the Hanbalis (al-Muntaqa of al-Baji 2/190, al-Dhakhira 3/155, Mawahib al-Jalil 2/367, Bulghat al-Salik 1/435-436, Bidayat al-Mujtahid 1/389, al-Umm of al-Shafi'i 2/63, al-Hawi al-Kabir 3/361, al-Majmu 6/104-106, al-Ifsah 1/342, al-Mughni 4/48, Kashshaf al-Qina 2/251).

Imam al-Nawawi (may Allah have mercy on him) said: concerning the time at which zakat al-fitr becomes obligatory, 3 famous opinions circulate along the 2 paths; the most authentic in their view is that it becomes obligatory at the sunset of the night of the Eid of breaking the fast, and this is the text of his later doctrine (al-Majmu 6/104). Al-Mardawi (may Allah have mercy on him) said: it becomes obligatory at the sunset of the night of breaking the fast; such is the sound view of the doctrine, transmitted by all from Imam Ahmad (may Allah have mercy on him), and most of his companions follow it (al-Insaf 3/176). Ibn Abd al-Barr (may Allah have mercy on him) said: Ashhab reported from Malik that the zakat becomes obligatory at the sunset of the last day of Ramadan, that is, the night of breaking the fast (al-Istidhkar 3/266, al-Tamhid 14/327).

They grounded this position on what Abdallah ibn Abbas (may Allah be pleased with them both) reported:

"The Messenger of Allah (may the peace and blessings of Allah be upon him) made zakat al-fitr obligatory as a purification for the faster from vain talk and indecency, and as food for the poor. Whoever pays it before the prayer, it is an accepted zakat; whoever pays it after the prayer, it is a charity among the charities."reported by Abu Dawud 1609, Ibn Majah 1827, al-Daraqutni (who said: nothing criticized is found in it), al-Hakim 1488 and al-Bayhaqi 7481; al-Albani judged its chain of transmission good, and Ibn Qudama and al-Nawawi graded it good

This hadith provides 2 indications. The first is his statement: "made zakat al-fitr obligatory": he reports that it is made obligatory by the breaking of the fast of Ramadan, for he attributed the zakat to the breaking of the fast; attribution implies specification, that is, a charity specified by the breaking of the fast, and the first breaking of the fast occurring for the whole of Ramadan is the sunset of its last day: the obligation is therefore tied to that moment. The second is his statement: "a purification for the faster": whoever has lived no moment of the time of fasting has no need of a purification from fasting (al-Hawi al-Kabir 3/361).

Abdallah ibn Umar (may Allah be pleased with them both) also said: "The Messenger of Allah (may the peace and blessings of Allah be upon him) made zakat al-fitr obligatory from Ramadan: a sa' of dates or a sa' of barley, for every free man or slave, male or female, among the Muslims" (authentic hadith, cited earlier). This hadith indicates that the time of obligation is the sunset of the last day of Ramadan, in 2 ways: the Prophet (may the peace and blessings of Allah be upon him) indicates in it that the zakat becomes obligatory with the breaking of the fast of Ramadan, which occurs at the sunset of the last day; and he attributed the zakat to the breaking of the fast, and attribution implies specification and causation: the obligation is specified by the breaking of the fast of Ramadan, which occurs at the sunset of the last day and thereby constitutes the time of obligation.

It is added that zakat al-fitr either becomes obligatory at the exit of Ramadan and the entry of Shawwal at sunset, or at both causes together: attaching the zakat to the sunset is therefore more fitting. And what follows the sunset is no longer a time for fasting, just as what follows the rising of dawn.

The second opinion: the time at which zakat al-fitr becomes obligatory is the rising of dawn on the day of Eid; this is the view of the Hanafis, of Malik in the narration of Ibn al-Qasim, of al-Shafi'i in his earlier doctrine, and of Ahmad in one narration. Al-Kasani (may Allah have mercy on him) said: as for the time at which the charity of breaking the fast becomes obligatory, our companions said it is the moment of the rising of the second dawn of the day of breaking the fast (Bada'i al-Sana'i 2/74). Al-Mardawi (may Allah have mercy on him) said: according to Ahmad, it becomes obligatory at the rising of dawn on the day of breaking the fast (al-Insaf 3/176).

They grounded this position on the hadith of Abdallah ibn Umar cited earlier: the charity is attributed in it to the breaking of the fast, and the attribution aims at specification, which belongs to the breaking of the fast of the day and not of the night; for the intended breaking of the fast is the one opposed to fasting, and it occurs in the day and not the night, fasting on the day of Eid being forbidden. And the breaking of the fast occurred every night of Ramadan without the obligation attaching to it, which proves that the intended breaking of the fast is the one opposed to fasting.

Abu Ubayd, the freedman of Ibn Azhar, said: I attended the Eid with Umar ibn al-Khattab (may Allah be pleased with him) and he said: "These are 2 days which the Messenger of Allah (may the peace and blessings of Allah be upon him) forbade fasting: the day on which you break your fast, and the other day on which you eat of your sacrifice." The point of the reasoning is that the Prophet (may the peace and blessings of Allah be upon him) indicated that the breaking of the fast occurs on the day of Eid; zakat al-fitr becoming obligatory with the breaking of the fast of Ramadan, its time of obligation is the rising of dawn on the day of Eid, the moment at which the breaking of the fast takes place.

The Prophet (may the peace and blessings of Allah be upon him) also said: "Enrich them from begging on this day" (weak hadith). This hadith contains the command to enrich the poor from begging on the day of Eid, whose beginning is the rising of dawn: it therefore proves that the time of obligation of zakat al-fitr is the rising of dawn on the day of Eid. Finally, zakat al-fitr is reasoned by analogy to the sacrificial animal, both being an offering tied to the day of Eid; the time of the sacrificial animal is tied to the day of Eid and not to its night: it follows that zakat al-fitr is tied to the day of Eid and not to its night, so that its time does not precede its day.

Paying zakat al-fitr before its time of obligation

The scholars established by the Sunna that the recommended time for paying zakat al-fitr is after the rising of dawn and before the Eid prayer. Ibn Umar (may Allah be pleased with them both) reported: "The Prophet (may the peace and blessings of Allah be upon him) ordered that zakat al-fitr be paid before the people go out for the prayer" (al-Bukhari 1438, Muslim 986). This hadith contains the command to pay zakat al-fitr before the Eid prayer, and this command is a command of recommendation. Badr al-Din al-Ayni (may Allah have mercy on him) said: it is a command of recommendation; such is the view of Ibn Umar, Ibn Abbas, Ata ibn Abi Rabah, Ibrahim al-Nakha'i, al-Qasim, Abu Nadra, Ikrima, al-Dahhak, al-Hakam ibn Uyayna, Musa ibn Wardan, Malik, al-Shafi'i, Ishaq and the people of Kufa; no disagreement is reported on it, and al-Khattabi even transmitted consensus on it (Umdat al-Qari 9/111). Zayn al-Din al-Iraqi (may Allah have mercy on him) said: his statement "he ordered that it be paid before the people go out for the prayer" means that it is preferable to pay it before going out for the prayer, and the jurists of the 4 schools stated it explicitly (Tarh al-Tathrib 4/59).

As for the legal status of payment before the time of obligation, the jurists agree on the permissibility of paying it one or 2 days before the Eid, according to the hadith of Abdallah ibn Umar (may Allah be pleased with them both): "The Prophet (may the peace and blessings of Allah be upon him) made the zakat of breaking the fast obligatory, or he said: of Ramadan, for the male and the female, the free man and the slave: a sa' of dates or a sa' of barley, which the people equated with half a sa' of wheat. Ibn Umar used to give dates; the people of Medina ran short of dates, so he gave barley. He used to give for the young and the old, to the point of giving for his own children, and he gave it to those who accepted it. And they used to give it one or 2 days before the breaking of the fast" (authentic hadith, cited earlier). This statement counts as an indication concerning all of them, that is, the Companions, which amounts to a consensus; for such an advancement does not defeat the purpose of this charity: it apparently remains, at least in part, until the day of Eid, whereby one is dispensed from the rounds and begging on that day. It is added that it is a zakat whose advancement before its obligation is permitted, like the zakat of wealth (Sharh Muntaha al-Iradat 1/442). Al-Hafiz Ibn Hajar (may Allah have mercy on him) said: it is also indicated by what al-Bukhari reported in the chapter on delegation and elsewhere from Abu Hurayra (may Allah be pleased with him): "The Messenger of Allah (may the peace and blessings of Allah be upon him) charged me with guarding the zakat of Ramadan", a hadith in which the devil was detained for 3 nights while he was taking from the dates: proof that they were in the habit of hastening this charity (Fath al-Bari 3/376-377).

The jurists differed beyond the day and the 2 days in 4 opinions:

  • The first opinion: it is not permitted to advance it more than 2 days before the day of Eid; this is the view of the Malikis, the doctrine of the Hanbalis and the view of al-Karkhi among the Hanafis (Bada'i al-Sana'i 2/64, Sharh Sahih al-Bukhari of Ibn Batal 3/567, al-Dhakhira 3/157, Bulghat al-Salik 1/439, al-Taj wa-l-Iklil 2/375, Sharh al-Zarqani 2/201, al-Mughni 4/50, al-Ifsah 1/349, Tarh al-Tathrib 4/60, al-Mughni al-Muhtaj 2/393, Sharh Muntaha al-Iradat 1/442, Matalib Uli al-Nuhha 2/111).

Its proponents grounded the prohibition of advancing zakat al-fitr more than 2 days before the day of Eid on the Sunna and on rational argument. As for the Sunna, the first is the hadith of Nafi from Abdallah ibn Umar cited earlier, whose proof lies in Ibn Umar's statement: "they used to give it one or 2 days before the breaking of the fast": an indication concerning all the Companions, hence a consensus; he stated explicitly that they gave it one or 2 days before the breaking of the fast, so that beyond that it is not permitted. Then comes the Prophet's statement (may the peace and blessings of Allah be upon him): "Enrich them from begging on this day" (weak hadith): the command carries obligation; if it is advanced by a long time, the enrichment on the day of Eid does not take place. As for the rational argument, zakat al-fitr was legislated to fill the need of the destitute and enrich them from begging on the day of Eid; advancing it by a short time, such as a day or 2, does not defeat this purpose, but advancing it beyond a long time prevents this enrichment on that day (al-Mughni 4/51).

The second opinion: it is permitted to advance zakat al-fitr from the beginning of Ramadan; this is the sound view among the Shafi'is, a view of the Hanafis and a view of the Hanbalis (Bada'i al-Sana'i 2/74, al-Jawhara al-Nira 2/12, Hashiyat Ibn Abidin 2/367, Tarh al-Tathrib 4/60, al-Majmu 6/121). Imam al-Nawawi (may Allah have mercy on him) said: it is permitted among us to advance the fitra throughout Ramadan, not before; this is the view of the doctrine (al-Majmu 6/121).

Its proponents grounded it on rational argument, in 3 ways. The first: zakat al-fitr is a financial right made obligatory for 2 causes, the fasting of Ramadan and the breaking of that fast; it may be advanced in relation to one of them, the breaking of the fast, but not in relation to both together, as with the zakat of wealth, which may be advanced after acquiring the nisab before the year. Advancing zakat al-fitr from the beginning of Ramadan is therefore permitted, since one of the 2 causes, the fasting, has already occurred; before that it is not permitted, for it would be an advancement over both causes together, like paying the zakat of wealth before the year and the nisab (Tarh al-Tathrib 4/60, al-Majmu 7/209). The second is the analogy of advancement from the beginning of Ramadan to advancement by a day or 2, both being payment during part of Ramadan; advancement by a day or 2 is licit by consensus, so likewise is advancement from the beginning of Ramadan (Tarh al-Tathrib 4/60). The third is that the zakat is the breaking of the fast: it cannot be advanced before the time of fasting, but may be after it (Bada'i al-Sana'i 2/74).

The third opinion: the advancement of zakat al-fitr is permitted without limit, a year, 2 or more; this is the sound view among the Hanafis (Bada'i al-Sana'i 2/74, al-Jawhara al-Nira 2/12, al-Bahr al-Ra'iq 2/275, Hashiyat Ibn Abidin 2/367, Tarh al-Tathrib 4/60). Imam al-Kasani (may Allah have mercy on him) said: al-Hasan reported from Abu Hanifa that hastening it by a year or 2 is permitted; the sound view is that hastening is permitted without limit, and the mention of the year and the 2 years in al-Hasan's narration is not a determination but an indication of the length of the duration, that is, it is permitted even should the duration be long, as in the word of Allah:

"If you ask forgiveness for them 70 times, Allah will not forgive them."

Surah al-Tawba, 80

(Bada'i al-Sana'i 2/74). Ibn Abidin (may Allah have mercy on him) favored this opinion: when the question contains 2 verified opinions, the mufti chooses for the fatwa the one of the 2 which he conforms his action to, unless one is stronger, by virtue of representing the apparent view of the narration, or of the authors of the texts and commentaries following it, or most of the masters; all these preferential considerations gather here for the unrestricted opinion, so one does not depart from it (Hashiyat Ibn Abidin on al-Dar al-Mukhtar 2/367). The Hanafis grounded this permissibility on the Sunna and on rational argument. As for the Sunna, it is the hadith of Nafi from Abdallah ibn Umar cited earlier (authentic hadith, cited earlier): the statement "they used to give it before the breaking of the fast" is unrestricted and encompasses advancement during Ramadan and before it (al-Bahr al-Ra'iq 2/275). As for the rational argument, it proceeds in 2 ways: the analogy of zakat al-fitr to the zakat of wealth, both being a right of Allah the Exalted, the advancement of the zakat of wealth being permitted after complete possession of the nisab before the lapse of the year; and the fact that hastening after the cause has occurred is licit, the cause of the obligation of zakat al-fitr already existing, namely a person one feeds and whose upkeep one bears: hastening is therefore permitted without limit, with no difference between one duration and another (Bada'i al-Sana'i 2/74).

The fourth opinion: the advancement of zakat al-fitr before its time of obligation is not permitted at all; this is a narration of the Malikis, the view of al-Hasan ibn Ziyad among the Hanafis and that of Ibn Hazm al-Zahiri (Bada'i al-Sana'i 2/74, al-Mabsut 3/110, al-Muntaqa of al-Baji 2/190, al-Muhalla 6/143). Ibn Hazm (may Allah have mercy on him) said: it is not permitted to advance it before its time at all (al-Muhalla 6/143). Al-Kasani (may Allah have mercy on him) reported that al-Hasan ibn Ziyad said: it is not permitted to hasten it at all (Bada'i al-Sana'i 2/74).

Its proponents grounded their doctrine, the prohibition of advancing the payment of zakat al-fitr before its time of obligation, on the Sunna and on rational argument. As for the Sunna, the first argument is the hadith of Ibn Umar (may Allah be pleased with them both): "the Prophet (may the peace and blessings of Allah be upon him) ordered that zakat al-fitr be paid before the people go out for the prayer" (authentic hadith, cited earlier); this hadith contains the command to pay the zakat before the people go out for the Eid prayer, and the command carries obligation so long as no contrary indication is found, and there is none here: it follows that payment before going out for the Eid prayer is obligatory and that nothing before it is permitted, for paying the obligatory before its time of obligation is not permitted (al-Muhalla 6/143). The second argument is the statement reported from the Prophet (may the peace and blessings of Allah be upon him): "Enrich them from begging on this day" (weak hadith); this hadith contains the command to enrich the poor on the day of Eid, and the command carries obligation: payment advanced before that day misses the commanded enrichment and is not permitted. As for the rational argument, it proceeds in 2 ways: the advancement of the payment of zakat al-fitr before the day of Eid is a payment before its obligation, and paying the obligatory before its time of obligation is not permitted; and this advancement misses the commanded enrichment on the day of Eid. Finally comes the analogy of zakat al-fitr to the sacrificial animal, both being tied to the day of Eid: just as it is not permitted to slaughter the sacrificial animal before the day of sacrifice, so zakat al-fitr cannot be advanced before the day of breaking the fast.

Other pages of this pillar

Explore other sections

بسم الله الرحمن الرحيم Fri 12 Rabi' al-Thani
الجمعة 12 ربيع الآخر
أحدب متزايد Waxing Gibbous Day 13.8 / 29.5
Illumination 99%
Full moon in 1 day
اللهم صل على محمد O Allah, send blessings upon Muhammad