Ramadan (4)

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RAMADAN (4) There are nine categories of people who are exempted from fasting in the month of Ramadan. In order to facilitate memorizing them an unidentified poet put them in the following poems: َْ‫ارضَ​َالص َّْو َِمَالَّتِيَْ​َق َْدَي ْغتفرَ​َ​َ*َ​َ​َل ِْلمرْ َِءَ ِفيْهاَ ْالف ِْطرَ​َتِسْ عَ​َتسْ تطر‬ ِ ‫وَ​َعو‬ َْ‫حبْلَ​َوَ​َإِرْ ضاعَ​َوَ​َإِ ْكراهَ​َسفرَْ​َ​َ​َ*َ​َ​َمرضَ​َ ِجهادَ​َج ْوعةَ​َع ْطشَ​َكِبر‬ The obstacles of fasting in which people could be forgiven for not fasting are in record nine cases: pregnancy, breast-feeding, compulsion, traveling, sickness, jihad, hunger, thirst, and old age.

Women in their monthly period (menstruation) and delivery are not only exempted, but prohibited from praying and fasting. It is Allah’s blessings for them in their weak condition to relieve them from the burden of praying without making them up (qaḍā’), and from fasting, although they have to make up the days they missed, any days before the coming of the next Ramadan, except with excuse. Very old people and those who are terminally ill do not make up the fasting, but feed the poor, if they are able to do so, at least one poor person for every day his missed fasting. If they themselves are so poor that they cannot afford to do so, then Allah will forgive them and exempt them from it.

With regard to traveling, the minimum distance is the one where prayers can be shortened (qaṣr) which is about 89 km, and should start before dawn. If someone is traveling while he is fasting, he can break his fast whenever he feel he cannot keep it, but he has to make it up (qaḍā’). According to Shāfi‘ī school, people whose profession is traveling, such as bus and train drivers, are not exempted from fasting, except they face hardship in fasting.

With regard to hard labours, such as blacksmiths, mining labourers, bakers, and the like, according to the jumhūr ‘ulamā’

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(Muslim scholars in the mass), they have to make their effort to keep fasting, take pre-dawn meal, make intention to fast, until they cannot bear the thirst and hunger any longer for fear of their health.

By then, they have to break their fast, for Allah says, َ​ََّ‫إِن‬,َ‫ولَ​َت ْقتلواَأ ْنفسك َْم‬ ٩٢َ:َ ‫للا َكانَ َ ِبك َْم َر ِح ْيمًا َ(النساء‬ َّ ) “…And do not kill yourselves (nor kill one another). Surely, Allah is Most Merciful to you.” (Q.4:29) There are four interpretations of this verse: 1. killing oneself (committing suicide) 2. killing one another (Muslim brothers and sisters in faith) 3. becoming too emotional, too happy, too sad, too angry, too frustrated, etc. Uncontrollable emotion could kill, directly or indirectly, through the deterioration of health. The heart beat becomes faster; breathing becomes irregular, and so on 4. working too hard beyond one’s ability; it is a kind of slow suicide. In general, a person to whom fasting poses a threat to his life is not allowed to fast. Allah says, ٥٢١َ:َ ‫)ولَ َت ْلق ْوا َ ِبأ ْي ِديْك َْم َإِلى َال َّتهْلك َِة َ(البقرة‬ “…and do not throw yourselves into destruction…(Q. 2:195).

Zakāt al-Fiṭr Besides fasting, and prayer, zakāt is also incumbent upon Muslims. There are two kinds of zakat: (1) zakāt al-māl is a kind of obligatory tax for one’s wealth (property), and (2) zakāt al-fiṭr for every Muslim who has the means to do so, namely, those who have sufficient provision for his family and those under his care for the whole day of the Ied. The head of the household has to pay the zakat for himself, his family, and those who are under his care. It has to be paid from sunset on the last day of fasting until the beginning of `Eid Prayer on the following day. For the sake of convenience both zakāt al-māl and zakāt al-fiṭr are paid at the same time.

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The term zakat in the Qur’an is mentioned 23 times after the term ṣalāt to indicate its importance1. A Muslim failing to fulfil this obligation without any valid reason becomes sinful, and it cannot be made up. He, who forgets to do so, has to do it as soon as possible, but it is no longer counted as zakat, but rather ṣadaqah (charity).

Many of the companions of the Prophet s.a.w. used to pay this zakāt al-fiṭr one or two days earlier. Due to the increase number of Muslims the jurists allow its payment earlier, from the beginning of Ramadan, so that its distribution to its beneficiaries on the ‘Id day can be accomplished.

The minimum amount of zakāt al-fiṭr is one ṣā‘ of food, wheat, flour, barley, rice, or dried dates, raisins for each member of the family. One ṣā‘ according to Muslim jurists is between 2.5 and 3 kg, and according to the orientalist Walter Hinz, is 4.2125 litres.2 Muslim jurists have three different opinions on the possibility of paying of zakāt al-fiṭr in cash, as follows: a. It is not possible, according to Mālikī, Shāfi‘ī and Ḥanbalī schools, based on the apparent meaning of the ḥadīth in which the Prophet s.a.w. ordered to pay it with food. b. It is possible in case of necessity or for public interest. This is another view in the Ḥanbalī school, which is chosen by Ibn Taymiyyah c. It is possible, according to Ḥanafī school, and a point of view in the Shāfi‘ī school, as well as a report in the Ḥanbalī school.

This is also the view of al-Ḥasan al-Baṣrī, ‘Aṭā’, ‘Umar ibn ‘Abd al-‘Azīz, Sufyān al-Thawrī, Mu ‘ādh ibn Jabal, and Ja‘farī school.

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See Q. 2:43, 83, 110, 177, and 277; 4:77 and 162; 5:12 and 15; 9:5, 11, 18, and 71; 21:73; 22:41 and 78; 24:56; 27:3; 31:4; 33:33; 58:13; 73:20, and 98:5.

2 See Walter Hinz, Islamische Masse und Gewichte. Handbuch der Orientalistik, ed. Bertold Spuler, Supplementary Vol.1,Book 1. Leiden: E.J. Brill, 1955, p. 51.

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Due to the rapid increase of Muslims in the world (as Islam is the fastest growing religion in the world) the first opinion is no longer practically applicable. If every Muslim has to bring 4.3 litres of barley, for example, as zakāt al-fiṭr to the Masjid al-Haram, Mecca, Saudi Arabia (whichَ can accommodate up to 4 million worshippers during the Hajj period), on the same day of ‘Id al-Fiṭr, this would be unlikely to take place. Similarly, it is unlikely that every Indonesian Muslim has to bring 4.3 litres of rice to the Istiqlal Mosque in Jakarta, Which is the largest mosque in the region of Southeast Asia and has a capacity of over 120,000. There have to be a big store house for the rice, and it has to be distributed to its recipients on the same day.

Some of the recipients would have to sell it for they might need something else, such as sugar, fish, etc. Cash is the most practical in paying, collecting, and distributing zakāt al-fiṭr.

Another issue is whether the zakāt in general (zakāt al-māl as well as zakāt al-fiṭr) can be distributed to other than the 8 categories of recipients mentioned in the Qur’an as follows: َ‫ب‬ َِ ‫ِينَو ْالعا ِملِينَ​َعليْهاَو ْالمؤلَّف َِةَقلوبه َْمَوفِيَالرِّ قا‬ َِ ‫إِ َّنماَالصَّدقاتَ​َل ِْلفقرا َِءَو ْالمساك‬ َ)06:‫للاَعلِيمَ​َحكِيمَ​َ(َالتوبة‬ ََّ ‫للاَو‬ ََِّ َ​َ‫يلَف ِريض ًَةَمِن‬ َِ ‫ْنَالس َِّب‬ َِ ‫للاَواب‬ ََِّ َ‫يل‬ َِ ‫ارمِينَ​َوفِيَس ِب‬ ِ ‫و ْالغ‬ The alms [i.e., zakat] are only for the poor and the needy, and those who collect them, and those whose hearts are to be reconciled, and to free the captives and the debtors, and for the cause of Allah, and (for) the wayfarers [i.e., travellers who is cut off from everything]; a duty imposed by Allah. And Allah is All-Knower, All-Wise. (Q. 9:60) The majority of Muslim jurist say that the zakat cannot be distributed to other than these 8 categories of recipients, such as building schools and hospitals, because this zakāt is special for them.

They are those who deserve to be helped materially. On the contrary, the number of categories of recipients could be temporarily reduced with the absence of such kind of recipients, such as captives,

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and those whose hearts are to be reconciled. The caliph ‘Umar ibn alKhaṭṭāb, for example, did not make a share for those hearts are to be reconciled (‫) َْالمؤلَّف َِة َقلوبه َْم‬, as he did not find any person deserving this share, such as leaders and influencing people in their respective communities.َ However, his grand-son, the Caliph ‘Umar ibn ‘Abd al‘Azīz (d. 720), was said to have given this share to the Patriarch of Jerusalem, John V. When Islam became strong enough after the death of the Prophet s.a.w., Muslim rulers did not find any reason to give a share for those hearts are to be reconciled. For example, two people of a particular tribe who used to receive a share of those whose hearts to be reconciled in the time of the Prophet came to the Caliph Abῡ Bakr. They said that they had found a piece of useless, non-pastured, and swampy ground, and asked him to give it to them as their share from the zakāt. Abῡ Bakr wrote to them to give his approval. When they came to ‘Umar to be a witness, he took the letter from them, spat and erased the letter, and said to them: “The Messenger of Allah s.a.w. gave you this share, while Islam at that time was in poor condition. But today Allah has enriched and glorified Islam; so go back and work hard like the rests of the Muslims. The truth is from your Lord, then whosoever wills, let him believe; and whosoever wills, let him disbelieve”. [He was referring to Q. 18:29).” Abῡ Bakr approved this decision of ‘Umar.

‘Umar did no abolish the share for those hearts are to be reconciled (‫) ْالمؤلَّف َِة َقلوبه َْم‬, but rather he kept it dormant until those who deserve it was available. Like other shares, such as those of the poor and the needy, or wayfarers, their absence make their shares dormant until they become available.

According to Muslim jurists it is not possible to pay zakāt to relatives under one’s care, namely, one’s wives, ascendants (parents

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and grand-parents), and descendants (children and grand-children).

It is intended to relieve the needy, and these people have already a person who takes care of them.

The majority of Muslim jurists say that the zakāt of people in a particular area cannot be taken to another area, as they understand from the Prophet’s statement to Mu‘ādh ibn Jabal whom he sent to Yemen, َ‫للاَا ْفترضَ​َعلي ِْه َْمَصدق ًَةَفِيَأمْوال ِ​ِه َْمَت ْؤخذ‬ ََّ َ​ََّ‫فأعْ لِمْه َْمَأن‬ )‫َمِنَْ​َأ ْغنِيائ ِ​ِه َْمَوتردَ​َعلىَفقرائ ِ​ِهمَ(رواهَالبخاري‬ … then tell them that Allah has made incumbent upon them charity [i.e., zakat] on their wealth, taken from the rich among them and to be returned to the poor among them (Reported by Bukhari) According to Shāfi‘ī school it shall not be brought from one country to another, except what is left from the needs of the poor in that country. It is the ruler who has the authority to bring it to any place he wishes. According to Ḥanbalī school zakāt is not allowed to be brought to a distant area where prayer can be shortened (qaṣr), i.e. , about 89 km. Imām Mālik holds the same view, and added that unless people in that distant area need more assistant than those in its area of origin. Caliph ‘Umar ibn ‘Abd al-‘Azīz returned the zakāt brought to Syria from Khurasan and said that the poor in Khurasan deserved it more than the poor in Syria3. Ḥanafī school is more liberal in this case: It is possible to bring it to another country, but not recommended, unless people in that other country need assistance more than people in the country of origin, or one has relatives in that distant country. They interpret the Prophet’s statement, “taken from the rich among them [i.e., the Muslims anywhere, not of a particular area], and to be returned to 3

Tafsīr al-Baghawī, (Q. 9:59-60)

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the poor among them [i.e., the Muslims anywhere]. In other word, zakāt is to be collected from the rich in the Muslim world and to be returned to the poor in the Muslim world. This is the most acceptable view and practised by Muslims in this modern world.

When Muslims are in dire need of help anywhere in this world, their Muslims brothers and sisters are incumbent to rescue them through aids including zakat. (CIVIC, 25.07.13) Sources: ‫المكتبةَالشاملة‬ َ06-95:َ‫تفسيرَالبغويَالتوبة‬ ‫َالفقهَاإلسالميَوَأدلته‬.‫َوهبةَالزهيلي‬ Khutab 4 http://www.funxone.com/architecture/5-largest-mosques-in-the-َ world-by-area-and-capacity.html#sthash.581RKueZ.dpuf http://www.onislam.net/english/reading-islam/researchstudies/politics-and-economics/456192-zakat-and-its-role-inislam.html?Economics= http://www.bayanelislam.net/Suspicion.aspx?id=01-050003&value=&type= http://ar.wikipedia.org/wiki ‫زكاةَالفطر‬