Miscellaneous rules of Zakat
1969. When wheat and barley are separated from chaff, and when dates and grapes become dry, their owner should give Zakat to poor or separate it from his wealth. And Zakat on gold, silver, cow, sheep and camel should be given to poor, or separated from one’s wealth after the expiry of eleven months. However, if he awaits a particular poor person, or wishes to give it to a poor with some excelling virtue, as per obligatory precaution, he may separate the Zakat from his wealth to give to that particular poor person later.
1970. After separating Zakat, if he is not awaiting a particular person, as per obligatory precaution, payment of Zakat should not be delayed.
1971. If a person who could deliver Zakat to a deserving person did not give it, and it was lost due to his negligence, he should give its replacement.
1972. If a person who can deliver Zakat to a deserving person, does not do so, and it is lost without his being careless about it, if it is delayed so much that it will not
be said that it is not given away immediately, he should give its replacement. If he hasn’t delayed much, like, he delayed just for 2-3 hours, and it was lost within that much of time, if the deserving person was not available, there is no obligation to make its substitute, and if the deserving person was available, he should give its substitute.
1973. If a person separates Zakat from that wealth on which it had become due, he has the right of disposal over the remaining amount, and if he separates it from his other property, he has the discretion over the entire property.
1974. When a person has separated Zakat from his property, he cannot utilize it and replace it with other payment.
1975. If some profit accrues from the Zakat which a person has set apart - for example, if a sheep which has been ear – marked for Zakat gives birth to a lamb – it belongs to the poor.
1976. If one entitled to Zakat is present when a person separates Zakat from his property, it is better that he should give the Zakat to him, except that he has a person in view who is preferable, for some reason, to receive Zakat.
1977. If a person trades with the property set apart for Zakat, without obtaining the permission of the Mujtahid, and sustains a loss, he should not deduct anything from Zakat. However, if he makes a profit, he should give it, as an obligatory precaution, to a person entitled to receive Zakat.
1978. If a person gives in advance to poor, with the Niyyat of Zakat while it has not yet become obligatory on him, it cannot be treated as Zakat. But after Zakat becomes obligatory on him, he can calculate it as Zakat, provided that the thing given is not used up, and that the poor continues to be deserving.
1979. If a poor person knows that Zakat has not become obligatory on a particular person, and takes something from him as Zakat, and it is used up or destroyed while it is with him, he is responsible for it. And when Zakat becomes obligatory on the person, if the poor is still deserving, the Zakat payer can adjust the Zakat liability against what he had already given.
1980. If a poor person did not know that Zakat had not become obligatory on a particular person, and he takes something from him as Zakat and it perishes while it is with him (i.e. the pauper) he will not be responsible for it, and the person who gives Zakat cannot adjust it against Zakat.
1981. It is Mustahab to give Zakat on cows, sheep and camels to those poor who have integrity; and while giving Zakat he should give preference to his deserving relatives over others. Similarly, he should give preference to the learned persons over those who are not learned, and to those who do not beg over those who beg. But, if giving Zakat to a particular poor is better for some other reason, it is Mustahab that Zakat be given to him.
1982. It is better that Zakat is given openly, and Mustahab Sadaqah (charity) are given secretly.
1983. If there are no deserving persons in one’s hometown, nor can he spend it for any other purpose prescribed for Zakat, and he does not hope that he will be able to find a deserving person later, he should take Zakat to some other town, and spend it for an appropriate purpose. He can deduct from Zakat the expenses of taking it to the other town, and he will not be responsible if it is lost.
1984. Even if a deserving person is available in the home town of a person, he can take Zakat to another town. However, he will pay himself the expenses of taking it to the other town, and will be responsible if it is lost, except when he takes it with the directive of the Mujtahid.
1985. The charges for weighing and scaling of wheat, barley, raisins and dates, which a person gives as Zakat, are to be paid by him.
1986. If a person has to pay as Zakat 2 Misqals and 15 grams of silver or more, he should not, as per recommended precaution, give less than 2 Misqals and 15 grams to one poor. Also, if he has to pay something other than silver, like wheat and barley, and its value reaches 2 Misqals and 15 grams of silver, he should not, as per recommended precaution, give less than that to one poor.
1987. It is Makrooh for a man to request the deserving person to sell back to him the Zakat which he has received from him. However, if the deserving person wishes to sell the thing which he has received after its price has been agreed, the man who has given him Zakat will have the priority over others.
1988. If a person doubts whether or not he gave the Zakat which had been obligatory on him, he should give Zakat even if his doubts are with regard to Zakat of earlier years.
1989. A poor man cannot compromise for a quantity less than the quantity of Zakat before having received it, or accept as Zakat something costlier than its actual value,
or he takes Zakat from the owner and returns it to him. However, a person owes a large sum of Zakat, and because of poverty is unable to pay Zakat, and he repents for not having paid and seeks forgiveness from Allah, the deserving recipient can, of his own pleasure, bestow it back on him after having received it.
1990. A person can purchase the Holy Qur’an or religious books or prayer books from the Zakat property, and dedicate them as Waqf, even if he dedicates the Waqf to his own children whose maintenance is obligatory upon him, and can also keep the trusteeship of the Waqf to himself or his children.
1991. As per recommended precaution, a person cannot purchase property with Zakat and dedicate it as Waqf to his children or upon persons whose maintenance is obligatory on him, so that they spend its income for their expenses.
1992. A poor person can receive Zakat to go to Hajj, Ziyarat etc., however, if he receives Zakat which is equal to his annual expenses, then he cannot receive Zakat for pilgrimage etc. from the share of poor, however, he can receive Zakat from the share of Zakat which should be spend in the way of Almighty Allah.
1993. If the owner of a property makes a poor man his agent to distribute Zakat of his wealth, and if the poor has a feeling that the intention of the owner was that he himself (i.e. the poor man) should not take anything out of Zakat, he cannot take anything from it for himself. But if he is sure that the owner had no such intention, he can take for himself also.
1994. If a poor man gets camel, cow, sheep, gold and silver as Zakat and if the conditions for Zakat becoming obligatory are fulfilled, he will have to give Zakat on them.
1995. If two persons are joint owners of a property on which Zakat has become obligatory, and one of them pays Zakat for his share, and thereafter they divide the property, and if he knows that his partner has not paid Zakat on his share, there is an Ishkal (objection) if he exercises the right of discretion over his own share.
1996. If a person owes Khums or Zakat, and Kaffara and Nadhr etc. is also obligatory upon him, and is also indebted and cannot make all these payments, and if the property on which Khums and Zakat has become obligatory has not been used up, he should give Khums and Zakat, and if it has been used up, as per obligatory precaution, if he owes a Nadhr, he should give it a priority over others, and if he do not have any Nadhr, then he can pay Khums or Zakat, or can give Kaffara or pay his debts etc., however, it is better to divide the total among them all.
1997. If a person owes Khums or Zakat and has an obligation of Kaffara and Nadhr and is also indebted, and he dies, and his property is not sufficient for all these things, if the property on which Khums and Zakat become obligatory has not ceased to exist, Khums or Zakat should be paid and the balance should be divided and spent on other remaining obligations.
And if the property on which Khums and Zakat became obligatory has ceased to exist, his property should be divided and spent to pay Khums, Zakat, debt and Nadhr etc., for example, if he owes $40K as Khums and he owes $20K as debt to someone, and his total property worth $30K, then $20K must be paid as Khums and $10K must be paid for his debt.
1998. If a person is acquiring knowledge and if he leaves his education, as an alternative, he can earn his livelihood, if acquiring that knowledge is obligatory or Mustahab upon him, Zakat can be given to him. However, as per precautionary measures, it is better that those people should not take Zakat, except if they are unable to fulfil their livelihood. Moreover, it is recommended that one should continue his studies even if he is not able to earn his livelihood.