Section I: Conditions of Giving Charity
Firstly: Intention [913] Intention in legal charity is that the one giving intends it to be so: his portion of legal charity given. Likewise if he is giving charity on behalf of another: he must intend that it is on their behalf – like the young or the insane. for Charity
1. Ruling of the intention for charity:
Intention is wajib when paying charity. This is by agreement of the four schools of jurisprudence and it is the position held by the vast majority of jurists.
2. Intention for the guardian on behalf of the young boy and the insane:
The intention is wajib upon the guardian of the young boy and the insane when paying the charity. This is the position of the majority: Malikis, Shafi`is, and Hanbalis.
3. Time of the intention when giving charity:
It is not permissible to delay the intention later than the time of giving charity, and this is by agreement of the four schools of jurisprudence. [914] Hanafis unconditionally viewed the intention being at the time of payment as a ruling. Giving the amount in charity then intending it would be valid for them, as long as the wealth has not yet been spent by its recipient. If it has, then it cannot be accepted or considered as legal charity.
4. Intention when separating the charity from the wealth:
If one separates the charity upon him, intending that the separated amount is for charity, then this suffices, even if he does not hold an intention at the time of paying it. This has been explicitly mentioned by the majority: Hanafis, Malikis, and Shafi`is.
5. Intending for excise to be part of charity:
It is not permissible to count excises [915] Mukus is the plural of maks, and it is the taxation taken by the makis – collector. Muks is commonly used for what is taken unjustly by the tax collectors in buying and selling goods. and taxes [916] Dara’ib is the plural of daribah – taxes. It is what is taken as jizyah (civil tax on dhimmis) and its like. From it is also the daribah on a slave, which is what he must produce in output for his master. In the modern era, it is what the government takes from individuals and institutions to spend on the state’s finances. as a part of charity. This is the position of the Malikis, Shafi`is, a position validated and relied upon for verdict among the Hanafis, and a narration from Ahmad. It is the choice of al-Khiraqi, Ibn Taymiyyah, Ibn `Abidin, Ibn `Uthaymin, the verdict of the Permanent Committee, and the decision of the fourth symposium held for modern legal charity matters.
6. Letting the receiver know it is charity:
It is not necessary to make the recipient aware that he is receiving charity when giving it. This is the position of the Malikis, Hanbalis, and the verdict of the Permanent Committee.
Secondly: Giving charity at its wajib time
1. Ruling of paying charity at its wajib time:
It is wajib to give charity immediately at the time of it being wajib if possible. This is the position of the Malikis, Shafi`is, Hanbalis, a position among Hanafis, chosen by al-Kamal ibn al-Humam.
2. Valid excuses for delaying paying charity:
It is permissible to delay charity out of need or for some benefit. [917] Scenarios when delay is valid for a need or benefit: - The first scenario: is if the full year passes over one's wealth, but he fears that the collector may take it from him again if he pays it privately before he arrives. He may delay it in this case. - The second scenario: is that one delays passing one's charity in order to give to another who has higher need of it, or to a relative or neighbour. - The third scenario: is that he delays it due to a lack of a legally valid recipient, or due to a drought or famine. Benefit: If charity is delayed and one's wealth increases in that period, what is legally considered is one's wealth at the time when payment was wajib, not the increase. If, say, one's wealth is ten thousand pounds in Ramadan and payment is wajib, but due to a delay, it became twenty thousand in Dhu al-Hijjah, he pays charity over the ten thousand of Ramadan, not the twenty of Dhu al-Hijjah. This is the position of the Shafi`is, Hanbalis, and it is chosen by Abu `Ubayd al-Qasim ibn Sallam and Ibn `Uthaymin.
3. Ruling of giving charity early:
If the wealth for which the passing of a calendar year is wajib has reached the nisab, it is permissible to pay its charity early before the full year. [918] Like organic livestock, money, and commercial goods. As for when the passing of a year is not a condition, like crops, buried wealth, and ores, then an early payment is invalid since its wealth was not owned, so its reason is yet non-existent, like paying expiation for a broken oath before breaking it. Ibn Qudamah said: "It is impermissible to give charity early before it reaches the nisab, and there is no difference of opinion among the scholars we are aware of." Al-Mughni (2/471) This is the position of the majority: Hanafis, Shafi`is, Hanbalis, the majority of scholars, and a group from the Salaf.
4. Destruction of wealth after charity is wajib:
Scholars have differed over the course of action for one who lost his wealth after charity over it became wajib. There are numerous opinions on this, [919] Crops are excepted from this, that if they die before the harvest, then its charity is legally lifted. If there is enough after their death to pay charity over, it is paid. Consensus has been quoted on this by Ibn al-Mundhir and Ibn Qudamah. the strongest of which are two:
The first: It is that the one paying it guarantees it if his wealth is destroyed after it is wajib, and this is regardless whether he was careless with it or not. This is the position of the Shafi`is, Hanbalis, and a group of the Salaf. It is also chosen by Abu `Ubayd al-Qasim ibn Sallam, and the verdict of the Permanent Committee.
The second: It is that he does not guarantee it unless he was careless with his wealth. This is the position of the Malikis, [920] From carelessness according to the Malikis: is that there would have been no destruction of wealth had the giver made charity payable earlier or later by a little bit, or transferred it to another place. al-Sa`di, and Ibn `Uthaymin.
5. Paying charity for one upon whom it has been piling for years:
If a person has not been giving legal charity for many years, it is necessary that he pay all what he missed. This is the position of the four schools of jurisprudence, and the position of the Zahiris.
6. Charity after death:
Charity does not fall as an obligation after death, and it is still wajib to pay it from the wealth of the deceased regardless if he advised for it or not. This is the position of the Malikis, Shafi`is, Hanbalis, Zahiris, and a group of the Salaf.
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