MISCELLANEOUS RULES OF ZAKAT
Islamic Laws according to the Fatawa of Ayatullah al Uzama Syed Ali al-Husaini Seestani from English Version of Taudhihul Masae'l
1969. As a precaution, 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.
Similarly, 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, he may
not separate the Zakat from his wealth.
1970. It is not necessary that after separating Zakat, a person should pay it at once to a
deserving person. But, if a deserving person is accessible, then the recommended
precaution is that 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 he had a good reason for the delay, there is
no obligation to make its substitute, like, if he was waiting for a particular poor
person, or if he wanted to distribute over many poor people, gradually. But if he had no
good reason for the delay, 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 utilise 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 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. With the permission of the Mujtahid, 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 mithqals and 15 grams of silver or more, he should
not, as a recommended precaution, give less than 2 mithqals 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 mithqals and 15 grams of silver he should not, as a 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, and the property on which Zakat was due is also existent, he should give Zakat even
if his doubts is with regard to Zakat of earlier years. And if the liable property no more
exist, no Zakat is due on it even if the doubt relates to Zakat for the current year.
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.
Similarly, the owner cannot give Zakat to a deserving person on a condition that he would
return it. However, there is no objection if the deserving poor, after having received the
Zakat agrees to return it. For example, 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 cannot purchase the Holy Qur'an or religious books or prayer books from
the Zakat property, and dedicate them as WAQF, except when it becomes necessary for public
welfare, and for that also, as an obligatory precaution, he must seek permission from the
Mujtahid.
1991. A person cannot purchase property with Zakat and bestow it upon his children or upon
persons whose maintenance is obligatory on him, so that they spend its income for their
expenses.
1992. * A person can spend Zakat to go to Hajj, Ziyarat etc. even if he may not be poor,
or draw from Zakat an amount equal to his annual expenses, provided that it is in the
interest of the public, and if, as a precaution, he has obtained permission from the
Mujtahid.
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 then pays Zakat for his share, and thereafter they divide the
property, even if he knows that his partner has not paid Zakat on his share, and is not
going to pay it afterwards, there is no objection if he exercises the right of discretion
over his own share.
1996. * If a person owes Khums or Zakat and also owes Kaffara and Nadhr etc., but he 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 ben used up, the debt, Zakat and Khums will have priority over Kaffarah and Nadhr.
1997. * If a person owes Khums or Zakat and has an obligation of Hajj 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 spent on repaying the debt. And if the
property on which Khums and Zakat became obligatory has ceased to exist his property
should be spent to pay his debt, and if anything remains it should be spent on Hajj. If
there is still an excess, then it must be divided between Khums and Zakat.
1998. * If a person is acquiring knowledge and as an alternative he can earn his
livelihood, Zakat can be given to him if acquiring that knowledge is obligatory. And if
acquiring that knowledge is in the public interest, he can be given Zakat with the
permission of the Mujtahid, as a precaution. In the absence of these two circumstances