Saturday, September 27, 2008

Paying zakaah al-fitr one week before Eid

Q) I paid zakaah al-fitr more than a week before Eid. Is that valid? If it is not valid, then what should I do?

A) Praise be to Allaah.

Firstly:

The scholars differed concerning the earliest time when zakaah al-fitr may be paid, and there are several views.

1 – That it should be paid two days before Eid. This is the view of the Maalikis and Hanbalis. They quoted as evidence the hadeeth of Ibn ‘Umar (may Allaah be pleased with him) who said: They used to give (zakaat) al-fitr one or two days before (Eid). Narrated by al-Bukhaari (1511).

Some of them said it may be given three days before Eid, because of the report in al-Mudawwanah (1/385) according to which Maalik said: Naafi’ told me that Ibn ‘Umar used to send zakaat al-fitr to the one who was collecting it two or three days before (Eid) al-Fitr.

This view was favoured by Shaykh Ibn Baaz (may Allaah have mercy on him) as it says in Majmoo’ al-Fataawa (14/216).

2 –That it is permissible to give it from the beginning of Ramadaan. This is the view of the Hanafis and is the correct view according to the Shaafa’is. See: al-Umm (2/75), al-Majmoo’ (6/87) and Badaa’i’ al_Sanaa’i’ (2/74).

They said: because the reason for giving charity is fasting and then breaking the fast, so if one of these two reasons is present it is permissible to hasten it, just as it is permissible to hasten giving the zakaah of one's wealth after taking possession of the nisaab and before one full year has passed.

3 – That it is permissible to give it from the beginning of the year. This is the view of some of the Hanafis and some of the Shaafa’is. They said: because it is zakaah and they likened it to the zakaah of one’s wealth with regard to paying it in advance in all cases.

The most correct view is the first one.

Ibn Qudaamah said in al-Mughni (2/676):

The reason why it is obligatory is the breaking of the fast, which is indicated by the fact that it is mentioned in conjunction with it. The purpose behind it is to make the poor independent of means at a specific time, and it is not permissible to pay it in advance of that time. End quote.

Shaykh Muhammad ibn Saalih al-‘Uthaymeen (may Allaah have mercy on him) was asked, as it says in Majmoo’ al-Fataawa (18/zakaat al-fitr/question no. 180):

I paid zakaat al-fitr at the beginning of Ramadaan in Egypt before I came to Makkah, and now I am staying in Makkah al-Mukarramah. Do I have to pay zakaat al-fitr?

He replied:

Yes, you have to pay zakaat al-fitr, because you paid it before its time came. The phrase “zakaat al-fitr” is composed of two words, which explains the reason for the zakaah, which is breaking the fast (fitr).

So zakaat al-fitr is mentioned in conjunction with the fitr (breaking of the fast) because that is the reason for it, and it is known that breaking the fast of Ramadaan occurs only on the last day of Ramadaan, so it is not permissible to pay zakaat al-fitr except when the sun has set on the last day of Ramadaan, except that there is a concession allowing it to be paid one or two days before. Otherwise the proper time for it is after sunset on the last day of Ramadaan, because that is the time when the Ramadaan fast is to be broken. Hence we say that it is better to pay it on the morning of Eid if possible. End quote.

Secondly:

It is permissible to give zakaat al-fitr to a deputy to pay it on your behalf through a charity or trustworthy people etc at the beginning of the month, so long as you stipulate to the deputy that it is to be paid one or two days before Eid, because the proper way of paying it is to give it to poor and needy people who are entitled to it; this is what is mentioned in sharee’ah, that it is limited to one or two days before Eid. Acting as someone’s deputy in paying it comes under the heading of cooperating in righteousness and piety, and there is no time limit for that.

This has been discussed in the answer to question no. 10526.

To conclude: Paying zakaat al-fitr one week before Eid is not valid, and you have to pay it again, unless you gave it to someone whom you delegated to pay it such as a charitable organization that will pay it at the proper time, one or two days before Eid. In that case you have done what is required of you and it is regarded as zakaah that is valid and acceptable in sha Allaah.

And Allaah knows best.


Islam Q&A

What can a woman who is menstruating do on Laylat al-Qadr?

Q) I was wondering what a woman can do on laylat al-qadr if she is menstruating at that time. can she earn extra rewards for engaging herself in worship? if so, what is permissible for her to do so that night?

A) Praise be to Allaah.

A woman who is menstruating may do all acts of worship apart from praying, fasting, circumambulating the Ka’bah and doing i’tikaaf in the mosque.

It was narrated that the Prophet (peace and blessings of Allaah be upon him) used to stay up at night during the last ten nights of Ramadaan. Al-Bukhaari (2401) and Muslim (1174) narrated that ‘Aa’ishah (may Allaah be pleased with her) said: “When the last ten nights of Ramadaan came, the Prophet (peace and blessings of Allaah be upon him) would refrain from marital relations, stay up at night and wake his family up.”

Staying up at night is not only for prayer, rather it includes all kinds of acts of worship. This is how the scholars interpreted it.

Al-Haafiz said: “Staying up at night” means staying up to do acts of worship.

Al-Nawawi said: spending the night staying up to pray etc.

He said in ‘Awn al-Ma’bood: i.e., in prayer, dhikr and reciting the Qur’aan.

Praying qiyaam is the best act of worship that a person can do on Laylat al-Qadr. Hence the Prophet (peace and blessings of Allaah be upon him) said: “Whoever spends the night of Laylat al-Qadr in prayer out of faith and in hope of reward, his previous sins will be forgiven.” (Narrated by al-Bukhaari, 1901; Muslim, 760).

Because the woman who is menstruating is not allowed to pray, she can spend the night in doing other acts of worship apart from prayer, such as:

1- Reading or reciting Qur’aan. See question no. 2564.

2- Dhikr – such as saying Subhaan-Allaah, La ilaaha illa-Allaah, al-Hamdu Lillaah, etc. She can repeat the words “Subhaan-Allaah wa’l-hamdu Lillaah, wa laa ilaaha ill-Allaah, wa Allaahu akbar (Glory be to Allaah, praise be to Allaah, there is no god but Allaah and Allaah is Most Great)” and “Subhaan Allaah wa bi hamdihi, subhaan Allaah il-‘Azeem (Glory and praise be to Allaah, glory be to Allaah the Almighty)” etc.

3- Istighfaar (praying for forgiveness), by repeating the phrase “Astaghfir-Allaah (I ask Allaah for forgiveness).”

4- Du’aa’ (supplication) – she can pray to Allaah and ask Him for what is good in this world and in the Hereafter, for du’aa’ is one of the best acts of worship. The Prophet (peace and blessings of Allaah be upon him) said, “Du’aa’ is ‘ibaadah (worship).” (Narrated by al-Tirmidhi, 2895; classed as saheeh by al-Albaani in Saheeh al-Tirmidhi, 2370).

The woman who is menstruating can do these acts of worship and others on Laylat al-Qadr.

We ask Allaah to help us to do that which He loves and which pleases Him. May Allaah accept our righteous deeds.


Islam Q&A

Fasting person using cream to moisturize the lips

Q) What is the ruling on a fasting person using cream to treat dryness of the lips?

A) Praise be to Allaah.

There is nothing wrong with a person using something to moisturize the lips and nose, or wetting them with water or with a cloth and the like. But he must take care to avoid letting any of these moisturizers reach his stomach, but if any of that reaches his stomach without him intending it to, there is no sin on him, just as if he were to rinse his mouth and some water were to reach his stomach without him intending it to, that does not break his fast. End quote.


Fataawa Ibn ‘Uthaymeen, 19/224.

Why isn’t the puffer for asthma regarded as breaking the fast?

Q) I would like a detailed answer: why isn’t the puffer that is used by people who have asthma regarded as breaking the fast?

A) Praise be to Allaah.

The puffer is a container in which there is a liquid medicine composed of three things: chemical substances (medical preparation), water and oxygen.

When pressure is applied to the puffer, the medicine comes out in the form of a mist. If the patient takes a deep breath in when applying pressure to the puffer, this mist enters the airway (trachea), but some of it remains in the pharynx, and a very small amount of it may enter the oesophagus.

Some contemporary scholars are of the view that using a puffer invalidates the fast. They said: Because the contents of the puffer may reach the stomach via the mouth, so it breaks the fast.

But most contemporary scholars are of the view that using this puffer does not break the fast, and this view is the correct one. They quoted a number of things as evidence for this:

1. The basic principle is that the fast remains valid, and this fact cannot be altered except when there is certain proof. Whether part of the mist from the puffer reaches the stomach is something uncertain: it may enter the stomach or it may not, because the basic principle is that this substance goes to the respiratory system, but some of it may enter the stomach. With this uncertainty we cannot say that it invalidates the fast. This is the answer to the evidence for the first opinion.

2. Assuming that some of this medicine does actually enter the stomach, it is forgiven, and does not invalidate the fast, by analogy with rinsing the mouth and using the miswaak.

With regard to rinsing the mouth: when the fasting person rinses his mouth, some of that water remains in his mouth, and some of that water may go down to the stomach. Hence if he rinses his mouth with water in which there is a radioactive substance, that radioactive substance will appear in his stomach after a while, which confirms that some of the water used for rinsing the mouth does go down into the stomach. But this part that goes down into the stomach is a very small amount, which is overlooked in sharee’ah. The ruling is that the fast is still valid if one rinses the mouth. The amount of medicine from a puffer that reaches the stomach – if any – is smaller than the amount of water that reaches the stomach when one rinses the mouth, so it is more likely that it does not break the fast.

As for the siwaak, it contains a substance that dissolves in the saliva and goes down into the pharynx, and then to the stomach. But Islam overlooks this, and does not regard it as invalidating the fast, because it is a small amount and is not intentional. Similarly the part that may go down into the stomach from the puffer is small, and the patient does not intend for it to enter the stomach, so it does not break the fast, by analogy with the miswaak.

Thus the strength of the second view is apparent. This is the view favoured by our contemporary scholars: Shaykh ‘Abd al-‘Azeez ibn Baaz (may Allaah have mercy on him), Shaykh Muhammad ibn al-‘Uthaymeen, Shaykh ‘Abd-Allaah ibn Jibreen, and the scholars of the Standing Committee. We have quoted some of their fatwas concerning this in the answer to question no. 37650.

See: Majallat al-Fiqh al-Islami (vol. 10, in which there are a number of articles about modern things that break the fast); Muftiraat al-Siyaam al-Mu’aasirah, by Dr. Ahmad al-Khaleel, p. 33-38.


Islam Q&A