The Legitimacy of Paying Zakat al-Fitr in Cash

Q:
Respected scholars, As-salamu `alaykum. For a long time, I used to pay the
value of zakat al-fitr, which is a saa` (about 2.176 kg) of the food mentioned in
the 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 paying
it 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 my
mind 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 upon
His Messenger.

Dear brother, may you have a happy and blessed Ramadan! We wish the blessed
month of Ramadan could last for the whole year. By the end of Ramadan,
Muslims anticipate the great reward for their devotion and dedication to their
Creator, Allah Almighty. Muslims earnestly implore Allah to accept their fasting.
Zakat al-fitr is meant to cement the relationship between the members of the
Muslim society, to alleviate the pain of the poor, and to cultivate the sense of
brotherhood 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 mujtahid can say about himself are the words of
Imam Ash-Shafi (may Allah be pleased with him): “My opinion is right and is
possibly wrong; while the opinion of the others is wrong and is possibly right.”

Every matter that has no indisputable canonical texts with indisputable import is
certainly a matter of ijtihad, and the matter that we are dealing with is
undoubtedly of this kind. The majority of people are allowed to follow one of
the madhhabs approved by the Ummah, as this is the possible means for one
who is unqualified to make ijtihad. Allah the Almighty says:(Allah burdens not a
person 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, the
Prophet (peace and blessing of Allah be upon him) is reported to have said, "If I
order you to do something, then do of it as much as you can" (agreed
upon).

Second, if we dealt with this matter according to the above-mentioned basis, we

will see that Imam Abu Hanifah and his companions, Al-Hasan Al-Basri, Sufyan
Ath-Thawri, Caliph `Umar ibn `Abd Al-`Aziz, and many other scholars permitted
paying the value of zakah, including zakat al-fitr, in money. Both supporters and
opponents of the opinion depended on many pieces of evidence and
considerations. I have detailed this matter in my book Fiqh Az-Zakah, in a
chapter on paying the value as a way to give zakah.

Sheikh Ibn Taymiyah reached an opinion that is considered a compromise

between 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 be
upon him) estimated the act of repayment in zakah by two sheep or 20 dirhams
and he (peace and blessings be upon him) did not depend upon the value; for if
he permitted paying the value unlimitedly, the owner might pay bad kinds and
cause harm. As for paying the value of zakat al-fitr in money because of the
need, interest, or justice, it is permissible. For example, if a Muslim sells the fruits
or the crops of his land for some dirhams, he can pay the tenth of these dirhams
and 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 does
not find a sheep to buy, he can pay the value in money and he is not asked to
travel to another city to buy a sheep. In addition, if those who deserve zakah ask
him to pay it in money because of an interest, he can do so. It was narrated that
Mu`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 plants
and fruit, for this will ease things for you and will be more useful to the poor
Muhajirun and Ansar in Madinah." It was narrated that he said these words
concerning zakah, and it was said they were concerning jizyah" (Majmu` Fatawa
Ibn Taymiyah, 25/82-83, Saudi edition).

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

The opinion that it is permissible to pay the value of zakat al-fitr in money was in
effect 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 on
the 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 a
dirham." The same reported that Al-Hasan said: There is no harm to pay the
value of zakat al-fitr in dirhams; that Abu Ishaq said: I caught them while they
were paying the value of zakat al-fitr in dirhams; and that `Ata' narrated: I used
to 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 (the
poor) 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 sell
some of it; whereas the value gives him the chance to buy whatever he wants of
food, clothes, etc.

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

Third, when the Prophet (peace and blessings be upon him) asked Muslims to
give zakat al-fitr from the common foodstuffs, he wanted to make matters easy
for them; silver and golden money were rare means of dealing among the Arabs
and the majority of people did not own but a few coins. Moreover, the poor were
in dire need of the common foodstuffs, such as wheat, dates, raisins, and cheese.
Thus, giving zakat al-fitr from the staple food was easy for the payer and
beneficial for the recipient. Also, he (peace and blessings be upon him) permitted
the owners of the camels and sheep to give cheese as zakat al-fitr in order to
facilitate matters for them.

Furthermore, the purchasing power of money varies from one time to another
and 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 why
the Prophet (peace and blessings be upon him) fixed it by an amount that does
not vary or fluctuate. This amount is the saa`, which is usually considered as
sufficient food for one family for a day.

Fourth, our scholars agreed that the fatwa changes according to time, place, and
status. The one who impartially examines the current status will realize that
giving food as zakat al-fitr is only suitable for simple societies in which the poor
need food [grain] and the payer finds it easily. In the large and complex societies
that have a high population density and where food [grain] is rare and the poor
do not need it, as they no longer grind, knead, and bakes, the impartial will agree
that 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 the
opinion of the scholar who is known for his vast knowledge, faithfulness, and
accuracy and in whom he places his confidence, just as the patient does when the
doctors differ over his illness. The mistake in these matters is forgiven, and every
person will get the reward according to what he has intended.