Summary of Feqh - Section II: The Conditions of Charity Being Wajib

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Section II: The Conditions of Charity Being Wajib

Firstly: Islam
Charity is wajib for the Muslim, and is not so for the original disbeliever. Consensus has been quoted over its being wajib upon the Muslim by: al-Nawawi and Ibn Rushd, and that it is not wajib for the disbeliever by: Ibn Hazm and Ibn Qudamah.

Secondly: Freedom as a condition
Charity is wajib upon the free only. Al-Nawawi and Ibn Rushd have quoted consensus over this.

- Charity upon the slave:
There is no charity payable by the slave, and this is by agreement between the four schools of jurisprudence. [837] Shafi`is hold the position that there is charity payable on wealth given to the slave by his master, but it is payable upon the master and not the slave. Malikis and Hanbalis say that there is no charity payable by the master or the slave on such wealth.

- Charity upon the self-freed (mukatab): [838] Ibn `Uthaymin said: “The self-freed slaves are those who bought themselves from their masters, and their name mukatab is taken from kitabah, writing. This is so because the contract is written between the master and his slave.” Al-Sharh al-Mumti` (229/6).

Charity is not wajib for the self-freed slave, and this is by agreement of the four schools of jurisprudence.

Thirdly: Reason and puberty
Neither reason nor puberty are preconditions for charity to be wajib, and this is the position of the majority: Malikis, Shafi`is, Hanbalis, and the choice of Ibn Hazm.

Fourthly: Wealth upon which charity is prescribed
Charity is wajib upon five types of wealth: Gold and silver Buried wealth and other ores.

- Goods intended for commerce Agricultural wealth (crops) Livestock:
The details of each of the aforementioned types will follow in its respective section.

Fifthly: Complete Ownership [839] Complete ownership is when there is sole absolute ownership of a thing by its owner, doing with it as he wishes, and its benefits go back to him. Alternatively, it is when there is ownership and control.

Complete ownership is a condition for charity on one's wealth generally, and this is by agreement of the four schools of jurisprudence. [840] Some Hanafis mentioned that complete ownership is a reason for legal charity as opposed to a condition.

- Charity upon received wealth after its loss: [841] Mal dimar is wealth that cannot be benefitted from despite ownership. For example: lost wealth, wealth that is sunk at sea, forcefully removed wealth, wealth taken by the ruler, denied loan without proof from the one who lent it, and wealth buried in the desert in an unknown or forgotten place by the owner.

Scholars have differed over charity on found wealth that had been previously lost or unreachable. This is according to many views, the strongest of which are two:
The first: It is that there is no charity on previously lost wealth if it returns to its owner, and he simply restarts a new calendar year upon its receipt. This is the position of Abu Hanifah, a narration from Ahmad, and the position of some of the Salaf, as chosen by Ibn Hazm and Ibn Taymiyyah.
The second: It is that charity upon it is not wajib upon receipt except for one year. This is the position of the Malikis, some of the Salaf, and the choice of Ibn `Uthaymin. Charity on haram wealth [842] Haram wealth is every type of wealth that the Law-Giver has prohibited the acquisition thereof, whether due to its nature, or the means of its acquisition. Examples of the former include wealth gained from selling alcohol, and of the latter wealth that is stolen or gained through usury.
There is no charity payable over haram wealth, and it is not purified except by its abandonment, either through returning it to its original owner if it is stolen or forcefully taken, or if said owner cannot be found or does not exist, by giving it voluntarily to charity (sadaqah). This is by agreement of the four schools of jurisprudence, [843] Ibn Taymiyyah said: “Wealth the origin of which is unknown is spent on the benefits of the Muslims, according to the majority of scholars.” Majmu` al-Fatawa (321/29). Ibn Rajab said: “The other way to spend the wealth of one who is forced from it by the one who forcefully took it but then wishes to return it, is by spending it in voluntary charity if he is unable to return it specifically to its original owner. Alternatively, he can give it to his inheritors, which is permissible for the majority of scholars.” Jami` al-`Ulum wa al-Hikam (267/1). and is the position of Ibn Hazm.

- Charity on a loan:

a) Charity on a loan the return of which is not expected:
Charity is not wajib over a loan the return of which is not expected, such as the loan given to a person in difficulty, a procrastinator, or one who belies it. If said loan is returned, then scholars have differed over it, with two stronger views:
The first: It is that there is no charity wajib over it, and if it is received, a new calculation for the lunar year commences from the day of its receipt. This is the position of Abu Hanifah, a narration from Ahmad, a group has opined it from the righteous predecessors, chosen by Ibn Hazm, Ibn Taymiyyah, Ibn Baz, and in its accordance the verdict was given by the International Islamic Fiqh Academy in Jeddah.
The second: It is that the recipient pays charity on it once he receives it for one year, and this is the position of the Malikis, and the opinion of some of the righteous predecessors, chosen by Ibn `Uthaymin.
b) Charity on a loan to a financially able party:
If the loan was to a financially able party, then the one who loaned it must pay its charity on a yearly basis. This is the position of the majority: Hanafis, [844] Shafi`is, and Hanbalis.
- Delaying the charity payment of loaned money until it is repaid:
It is permissible to delay charity on loaned money until the time of the loan is repaid. This. is the position of the Hanafis and Shafi`is, and it is the choice of Ibn Baz, Ibn `Uthaymin, and in its accordance the verdict was given in symposiums of concurrent matters pertaining to Islamically legal charity.

Sixthly: Passing of one calendar year (Hawl) [845] The Hanafis have detailed explications of the matter, categorising debt into three, with a specific ruling for each. as a condition for wajib charity
A precondition for charity becoming wajib is the passing of one calendar year, [846] The calendar used in Islamic Law is the lunar Hijri calendar, though if it is difficult to follow it due to some financial institution having its budget tied to the Gregorian solar calendar, then it is permissible to use the latter instead, whilst calculating the number of extra days in the latter over the lunar calendar. The percentage in such a scenario is 2.577, and in this accordance the verdict was given by symposiums of concurrent matters pertaining to legal charity. and this is for monetary charity, charity for livestock, and business charity. Consensus over this being a precondition to the obligation of paying charity has been narrated by Ibn al-Mundhir, Ibn Hazm, Ibn `Abd al-Barr, Ibn Rushd, and Ibn Qudamah. The position of it not being a condition has been described as anomalous (shadh).

- Ruling of paying charity on benefitted wealth [847] Mal mustafad is benefited wealth. Here, it refers to wealth which becomes under the ownership of some person after it wasn't. This includes monetary, property, livestock, or any other form of wealth. It also includes consistent income like monthly wages or the like, as well as one-off sums like gifts and inheritance. during the calendar year if the benefitted money reached the nisab or reaches the nisab when combined with what is already owned:
If the benefitted wealth reaches a nisab by itself, or reaches the nisab when combined with what is already owned, then the calendar year begins from its receipt, and charity must be paid at the end of said year. Consensus over this matter had been narrated by Ibn al-Mundhir and Ibn Rushd.

- Ruling of paying charity on benefitted wealth if what is owned already reaches the nisab:
In this case, the benefitted wealth has three possibilities:
1) That the benefitted wealth is a result of the growth of his own current wealth, like business profits and the offspring of owned livestock. In this case, the benefitted wealth is joined to its origin and its calendar year becomes the calendar year of the original wealth. Consensus over this matter has been narrated by Ibn al-Mundhir, al-Baghawi, al-Kasani, Ibn Qudamah, al-Qurtubi, and al-`Ayni.
2) If the benefitted wealth is not from the same type that he owns, such as if his wealth is livestock and he gains gold or silver, then the calendar year of the benefitted wealth will not be the same as what he owns, and its own calendar year is to be calculated from the moment of receipt if it reaches the nisab. This is a matter of consensus of the four schools, and the vast majority of scholars follow it.
3) That a person owns money that is at the nisab and the calendar year passes over it, then benefits extra money from a separate source that reaches the nisab, like a gift, prize, or terminal bonus, [848] Terminal bonus is an extra payment made by the employer to the employee at the end of his service; the details, terms, and conditions of which are subject to national law and local firm policy. then the first amount has its charity paid for its calendar year, and the second amount for its own one. [849] If the benefitted wealth is a monthly payment such as wages and rent, then the owner may pay the full charity amount after the end of the calendar year according to the first nisab he owned from it. This is the position of the majority: Malikis, Shafi`is, and Hanbalis.

Seventhly: Reaching the nisab [850] Nisab is a specific amount ordained by the Law-giver above which charity is wajib, and below which it is not. It changes based on the type of charity in question.
It is a condition that the wealth reaches the nisab. Consensus has been quoted over this by Ibn Hazm, al-Nawawi, and Ibn Qudamah.

- Amount of nisab:
The nisab is a legally specified amount acting as a threshold for wajib charity. Wealth owned higher than that amount has charity payable over it, and less than it is exempt. The nisab for gold is twenty weights worth, which equals 85 grams of pure gold. For silver, the nisab is two hundred Dirhams, which equals 595 grams of pure silver. The nisab for crops is five awsuq, which equals 612 kilograms of wheat or its like. The nisab for camels is five, and that of cows is thirty, and for sheep it is forty.

- The period over which nisab is considered:
The nisab must be available and present with the owner over one full calendar year. If at any point the amount owned falls under the nisab, then the timer is paused, and is resumed only when the amount owned once again exceeds its respective nisab. This is the position of the majority: Malikis, Shafi`is, [851] Shafi`is excepted charity on commercial goods, where the end of the calendar year is what is considered due to the volatility of the owned assets. Hanbalis, and Zufar among the Hanafis.

- Debt and its effect on charity:
Debt does not affect charity being payable upon wealth owned. This is the position of the Shafi`is, Zahiris, some of the Salaf, and the choice of Abu `Ubayd al-Qasim ibn Sallam, Ibn Baz, and Ibn `Uthaymin.

Eighthly: Charity in public wealth

- Defining public wealth:
Public wealth is wealth available for the public's benefit without being owned by a specific person or party. This includes wealth that goes to the Muslim state's treasury, as well as what is known today as the public sector. Wealth owned by academic, social, and charity institutions and their like also falls under this.

- Ruling of charity upon public wealth:
Charity is not wajib for public wealth. This is the verdict of the Permanent Committee and symposiums held for modern matters pertaining to legal charity.

- Invested public wealth:
Public wealth that is invested to procure some income through institutions owned completely by the state does not have charity payable upon it. This is the verdict of the thirteenth symposium held for modern matters related to legal charity.