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The Legitimacy of Paying Zakat al-Fitr in CashQ:

Respected scholars, As-salamu `alaykum. For a long time, I used to pay thevalue of zakat al-fitr, which is a saa` (about 2.176 kg) of the food mentioned inthe Prophetic hadith for myself and my family in money

However, one day while I was listening to the radio, I heard one of the sheikhs

state that paying the value of zakat al-fitr in cash is not permissible in any case;and if anyone does so, his zakat is invalid because it is contrary to the Sunnah.Moreover, the sheikh launched a severe attack on scholars who permitted payingit in money and accused them of being contradictory to the texts of Shari`ah.

Frankly, I became confused after hearing this fatwa.I hope you disburden mymind and the minds of millions who pay the value of zakat al-fitr in

cash.Jazakum Allahu khayran.

A:

Wa `alaykum As-Salamu wa Rahmatullahi wa Barakatuh.

In the Name of Allah, Most Gracious, Most Merciful.

All praise and thanks are due to Allah, and peace and blessings be uponHis Messenger.

Dear brother, may you have a happy and blessed Ramadan! We wish the blessedmonth of Ramadan could last for the whole year. By the end of Ramadan,Muslims anticipate the great reward for their devotion and dedication to theirCreator, Allah Almighty. Muslims earnestly implore Allah to accept their fasting.Zakat al-fitr is meant to cement the relationship between the members of theMuslim society, to alleviate the pain of the poor, and to cultivate the sense ofbrotherhood and solidarity.

Zakat al-fitr can be paid in cash if cash is better from the point of view of the

recipient poor.

In his response to your question, the eminent Muslim scholar Sheikh Yusuf Al-Qaradawi states the following:

The maximum words that a mujtahidcan say about himself are the words ofImam Ash-Shafi (may Allah be pleased with him): My opinion is right and ispossibly wrong; while the opinion of the others is wrong and is possibly right.

Every matter that has no indisputable canonical texts with indisputable import iscertainly a matter ofijtihad, and the matter that we are dealing with isundoubtedly of this kind. The majority of people are allowed to follow one ofthe madhhabs approved by the Ummah, as this is the possible means for onewho is unqualified to make ijtihad. Allah the Almighty says:(Allah burdens not aperson beyond his scope) (Al-Baqarah 2:286) and (So keep your duty to

Allah and fear Him as much as you can) (At-Taghabun 64:16). Moreover, theProphet (peace and blessing of Allah be upon him) is reported to have said, "If Iorder you to do something, then do of it as much as you can" (agreedupon).

Second, if we dealt with this matter according to the above-mentioned basis, wewill see that Imam Abu Hanifah and his companions, Al-Hasan Al-Basri, SufyanAth-Thawri, Caliph `Umar ibn `Abd Al-`Aziz, and many other scholars permitted

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paying the value of zakah, including zakat al-fitr, in money. Both supporters andopponents of the opinion depended on many pieces of evidence andconsiderations. I have detailed this matter in my book Fiqh Az-Zakah, in achapter on paying the value as a way to give zakah.

Sheikh Ibn Taymiyah reached an opinion that is considered a compromisebetween these two parties: "Paying the value of zakat al-fitr in money with no

need or interest to do so, is impermissible. The Prophet (peace and blessings beupon him) estimated the act of repayment in zakah by two sheep or 20 dirhamsand he (peace and blessings be upon him) did not depend upon the value; for ifhe permitted paying the value unlimitedly, the owner might pay bad kinds andcause harm. As for paying the value of zakat al-fitr in money because of theneed, interest, or justice, it is permissible. For example, if a Muslim sells the fruitsor the crops of his land for some dirhams, he can pay the tenth of these dirhamsand he should not be asked to buy fruits or plants if he was just with the poor.Also, if he has five camels he is obliged to give a sheep as zakah, but if he doesnot find a sheep to buy, he can pay the value in money and he is not asked totravel to another city to buy a sheep. In addition, if those who deserve zakah askhim to pay it in money because of an interest, he can do so. It was narrated thatMu`adh ibn Jabal (may Allah be pleased with him) said to the people of Yemen,

"You can bring me khamis and labis (local textiles) instead of the actual plantsand fruit, for this will ease things for you and will be more useful to the poorMuhajirun and Ansar in Madinah." It was narrated that he said these wordsconcerning zakah, and it was said they were concerningjizyah" (Majmu` FatawaIbn Taymiyah, 25/82-83, Saudi edition).

The essence of disagreement is between two schools: One school considers thetotal objectives of Shari`ah and does not neglect the partial texts, and anotherschool considers the partial texts only.

The opinion that it is permissible to pay the value of zakat al-fitr in money was ineffect during the age of the Tabi`in (the generation following the Companions)and was supported by many scholars and a caliph. Ibn Abi Shaybah narrated onthe authority of `Awn: I heard the letter of `Umar ibn `Abdul-`Aziz was read to

`Adiyy, the ruler: "The people of the divan should take from every Muslim half adirham." The same reported that Al-Hasan said: There is no harm to pay thevalue of zakat al-fitr in dirhams; that Abu Ishaq said: I caught them while theywere paying the value of zakat al-fitr in dirhams; and that `Ata' narrated: I usedto give the value of zakat al-fitr in silver dirhams (Musannaf, 4/37-38).

Actually, there is much evidence that supports this opinion:

A. The Prophet (peace and blessing be upon him) said, "Enrich them (thepoor) on this day." Enriching is achieved through food and also the value,which may be better, as the poor person who has plentiful food may be led to sellsome of it; whereas the value gives him the chance to buy whatever he wants offood, clothes, etc.

C. This opinion is easier for the Muslims in this age, especially for those who livein the industrialized countries where people deal only with money, and it has agreat benefit in most cases for the poor in many cities.

Third, when the Prophet (peace and blessings be upon him) asked Muslims togive zakat al-fitr from the common foodstuffs, he wanted to make matters easyfor them; silver and golden money were rare means of dealing among the Arabsand the majority of people did not own but a few coins. Moreover, the poor werein dire need of the common foodstuffs, such as wheat, dates, raisins, and cheese.

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Thus, giving zakat al-fitr from the staple food was easy for the payer andbeneficial for the recipient. Also, he (peace and blessings be upon him) permittedthe owners of the camels and sheep to give cheese as zakat al-fitr in order tofacilitate matters for them.

Furthermore, the purchasing power of money varies from one time to anotherand from one country to another. Thus, estimating the amount of zakat al-fitr by

a fixed amount of money would make it fluctuate and be unstable. That is whythe Prophet (peace and blessings be upon him) fixed it by an amount that doesnot vary or fluctuate. This amount is the saa`, which is usually considered assufficient food for one family for a day.

Fourth, our scholars agreed that the fatwa changes according to time, place, andstatus. The one who impartially examines the current status will realize thatgiving food as zakat al-fitr is only suitable for simple societies in which the poorneed food [grain] and the payer finds it easily. In the large and complex societiesthat have a high population density and where food [grain] is rare and the poordo not need it, as they no longer grind, knead, and bakes, the impartial will agreethat paying the value of zakat al-fitr in money is more suitable.

As for the difference of the scholars over some fatwas, the Muslim can choose theopinion of the scholar who is known for his vast knowledge, faithfulness, andaccuracy and in whom he places his confidence, just as the patient does when thedoctors differ over his illness. The mistake in these matters is forgiven, and everyperson will get the reward according to what he has intended.