Chapter on Time of Zakat

Muhammad ibn Yaqub, from Ali ibn Ibrahim, from his father, from Ismail ibn Marrar, from Yunus, from Ishaq ibn Ammar, from Abu Ibrahim عليه السلام, peace be upon him, who said: I (narrator) asked Imam عليه السلام about ‘a man who inherited wealth while the man was absent, Is there zakat upon him?’ Imam عليه السلام said: “No, until he arrives.” I (narrator) asked: “Does he pay zakat on it when he arrives?” Imam عليه السلام said: “No, not until a year passes over it.”

Al-Husayn ibn Said, from Muhammad ibn Abi Umayr, from Jamil ibn Darraj, from Zurarah, from Abu Ja’far عليه السلام, peace be upon him, that he said: Imam عليه السلام said: “Zakat is upon silent wealth (al-mal al-samit) over which a year passes and which he has not moved.”

Muhammad ibn Yaqub, from Muhammad ibn Ismail, from al-Fadl ibn Shadhan, from Safwan ibn Yahya, from Abdullah ibn Muskan, from Muhammad al-Halabi, who said: I (narrator) asked Abu Abdillah عليه السلام, peace be upon him, about ‘a man who acquires wealth.’ Imam عليه السلام said: “Then he does not pay zakat on it until a year passes over it.”

And from him, from Ali ibn Ibrahim, from his father, from Hammad ibn Isa, from Hariz, from Zurarah, who said: I (narrator) said to Abu Ja’far عليه السلام, peace be upon him: “A man had two hundred dirhams minus one dirham with him for eleven months, then after that, in the twelfth month, he acquired one dirham, so that two hundred dirhams became complete with him; ‘Is their zakat upon him?’” Imam عليه السلام said: “No, not until a year passes over it while it is two hundred dirhams. So if it was one hundred and fifty dirhams, then he acquired fifty after one month had passed, then there is no zakat upon him until a year passes over the two hundred.” I (narrator) said to Imam عليه السلام: “Then if he had two hundred dirhams minus one dirham with him, and some days passed over them before the month ended, then he acquired one dirham, and a year came over the dirhams together with the dirham, is there zakat upon him?” Imam عليه السلام said: “Yes. But if a full year has not passed over all of them together, then there is nothing upon him in them.” He (narrator) said that Zurarah and Muhammad ibn Muslim said: Abu Abdillah عليه السلام, peace be upon him, said: “Any man who has wealth and a year passes over it, then he pays zakat on it.” I said to Imam عليه السلام: “Then if he gives it away as a gift one month or two days before its due time.” Imam عليه السلام said: “There is never anything upon him.” He (narrator) said that Zurarah said from Imam عليه السلام that he said: Imam عليه السلام said: “This is only like a man who broke his fast in the month of Ramadan for one day while he was in his residence, then he goes out at the end of the day on a journey, intending by that journey to invalidate the expiation that had become obligatory upon him.” And Imam عليه السلام said: “When he saw the twelfth crescent, zakat became obligatory upon him. But if he had given it away as a gift before that, it would have been permissible, and there would have been nothing upon him, like one who goes out and then breaks his fast. He only cannot prevent what a year has passed over. As for what a year has not passed over, he may prevent it, and it is not lawful for him to prevent the wealth of another in what has already become due upon it.” Zurarah said: “So I said to Imam عليه السلام: ‘A man had two hundred dirhams, so he gave them as a gift to some of his brothers, or his children, or his family, fleeing thereby from zakat, and he did that one month before it became due.’” Imam عليه السلام said: “When the twelfth month enters, then a year has passed over it, and zakat has become obligatory upon him in it.” So I (Zurarah) said to Imam عليه السلام: “Then if he does something with it before the year?” Imam عليه السلام said: “That is permissible for him.” I (Zurarah) asked: “He fled thereby from zakat.” Imam عليه السلام said: “What he has brought upon himself is greater than what he prevented from its zakat.” So I (Zurarah) said to Imam عليه السلام: “He is able to get it back.” Imam عليه السلام said: “And what is it upon me that he is able to get it back, when it has gone out of his ownership?” I said: “Then he gave it to him upon a condition.” Imam عليه السلام said: “When he names it a gift, the gift is valid, the condition falls away, and he is liable for the zakat.” I said to Imam عليه السلام: “And how does the condition fall away, the gift take effect, and he become liable for the zakat?” Imam عليه السلام said: “This is an invalid condition, and the guaranteed gift is effective, and the zakat is binding upon him as a punishment for him.” Then Imam عليه السلام said: “That is only for him when he buys with it a house, or land, or estates.” Then Zurarah said: “I said to Imam عليه السلام: “Your father said to me: ‘Whoever flees thereby from zakat, then he must pay it.’” Imam عليه السلام said: “My father عليه السلام, peace be upon him, spoke the truth. He must pay what has been made obligatory upon him, and what has not become obligatory upon him, then there is nothing upon him in it.” Then Imam عليه السلام said: “Have you considered, if a man were overcome by unconsciousness for a day and then died, so his prayer passed away, would it be upon him, while he has died, to perform it?” I (Zurarah) replied: “No, unless he had regained consciousness during his day.” Then Imam عليه السلام said: “If a man became ill in the month of Ramadan and then died in it, would fasting be performed on his behalf?” I (Zurarah) replied: “No.” Imam عليه السلام said: “So likewise, the man does not pay from his wealth except that over which a year has passed.”

Muhammad ibn Yaqub, from Ali ibn Ibrahim, from his father, from Hammad, from Hariz, from Abu Basir and Muhammad ibn Muslim, from Abu Ja’far عليه السلام, peace be upon him: Both (Abu Basir and Muhammad ibn Muslim) said to Imam عليه السلام: “This land whose people we cultivate in partnership (sharecropping arrangement), what do you say concerning it?” Imam عليه السلام said: “Every land that a ruler hands over to you, then whatever you cultivate from it, you are only liable for what Allah سبحانه وتعالى brings forth from it after fulfilling the share that he contracted with you upon. The tithe is not due upon everything that Allah سبحانه وتعالى brings forth from it. Rather, the tithe is only due upon what comes into your hand after his share has been taken from you.”

As for what al-Husayn ibn Said narrated from Muhammad ibn Abi Umayr, from Rifaah ibn Musa, who said: I (narrator) asked Abu Abdillah عليه السلام, peace be upon him, about ‘a man who has an estate and pays its land-tax (kharaj), Is there a tithe upon him in it?’ Imam عليه السلام said: “No.”

Sa’ad, from Abu Jafar, from al-Hasan ibn Ali ibn Faddal, from Abu Kahmas, from Abu Abdillah عليه السلام, peace be upon him, who said: Imam عليه السلام said: “Whoever the ruler takes land-tax (kharaj) from, then there is no zakat upon him.”

Muhammad ibn Yaqub, from a number of our companions, from Ahmad ibn Muhammad ibn Isa, from Ali ibn Ahmad ibn Ashyam, from Safwan ibn Yahya and Ahmad ibn Muhammad ibn Abi Nasr, who both said: We (Safwan ibn Yahya and Ahmad ibn Muhammad) mentioned to Imam عليه السلام about ‘Kufa and what had been imposed upon it of land-tax (kharaj), and what the people of his house (Ahlul Bayt عليه السلام) had followed concerning it.’ Imam عليه السلام said: “Whoever embraces Islam willingly, his land is left in his hand, and the tithe is taken from him in what the sky and the rivers water, and half of the tithe in what is scarce (nadir) in what they cultivate of it. And whatever they do not cultivate of it, the Imam takes it and leases it (qabalah) to whoever cultivates it, and it belongs to the Muslims. And upon those who accept the ‘lease’, in their shares, is the tithe and half of the tithe. And in less than five awsaq there is nothing of zakat. And whatever is taken by the sword, that is for the Imam; he leases it according to what he sees, just as the Messenger of Allah سبحانه وتعالى, Allah’s سبحانه وتعالى blessings be upon him and his family, did with Khaybar. He صلى الله عليه وعلى آله وسلم leased its ‘black’ and its ‘white’ (sawad and bayad), -meaning its land and its palm-trees. And the people say: ‘The leasing of land and palm-trees is not valid’, while the Messenger of Allah سبحانه وتعالى, Allah’s سبحانه وتعالى blessings be upon him, leased Khaybar. And upon those who accept the lease, besides the lease payment of the land, is the tithe and half of the tithe in their shares.” And Imam عليه السلام said: “The people of Taif embraced Islam, and He صلى الله عليه وعلى آله وسلم placed upon them the tithe and half of the tithe. And the people of Mecca, when the Messenger of Allah سبحانه وتعالى, Allah’s سبحانه وتعالى blessings be upon him and his family, entered it by force, and they were captives in his hand, The Prophet صلى الله عليه وعلى آله وسلم released them and said: ‘Go, for you are the freed ones.’”

As for what Ali ibn al-Hasan ibn Faddal narrated from his two brothers, from their father, from Abdullah ibn Bukayr, from some of our companions, from one of the two Imams عليه السلام, peace be upon them, who said: Imam عليه السلام said: “Regarding the zakat of land, when the Prophet صلى الله عليه وعلى آله وسلم, Allah’s سبحانه وتعالى blessings be upon him and his family, or the Imam عليه السلام, peace be upon him, leases it (qabbalaha) for half, or a third, or a quarter, then its zakat is upon him, And there is no zakat upon the one who accepts the lease (al-mutaqabbil), unless the owner of the land stipulates that the zakat is upon the one who accepts the lease. If he (the one who leases) stipulates it, then the zakat is upon them. And there is no zakat upon the people of the land today, except upon one in whose hand there is something from what the Messenger صلى الله عليه وعلى آله وسلم, Allah’s سبحانه وتعالى blessings be upon him and his family, granted as a land allotment.”

Sa’ad ibn Abdullah, from Abu Jafar, from al-Husayn ibn Said, from Muhammad ibn Abi Umayr, from Abd al-Rahman ibn al-Hajjaj, from Sulayman ibn Khalid, who said: I heard Abu Abdillah عليه السلام, recalling: “The companions of my father (Imam al-Baqir عليه السلام) came to him and asked him about ‘what the ruler takes’, so he felt compassion for them, while he certainly knew that zakat is not lawful except for its people. So he (Imam al-Baqir عليه السلام) commanded them to count it as such, and by Allah سبحانه وتعالى, that was valid for them.” So I (Imam al-Sadiq عليه السلام) asked: “O my father, if they hear that, no one will pay zakat.” So Imam al-Baqir عليه السلام said: “O son, it’s a truth that Allah سبحانه وتعالى loved to make manifest.”

And from him, from Ahmad ibn Muhammad, from Abd al-Rahman ibn Abi Najran and Ali ibn al-Hasan al-Tawil, from Safwan ibn Yahya, from Is ibn al-Qasim, from Abu Abdillah عليه السلام, peace be upon him: Imam عليه السلام said: “Regarding zakat, whatever Banu Umayyah have taken from you, count it as such (zakat). And do not give them anything as much as you are able, for wealth cannot remain such that it is paid as zakat twice.”

And from him, from Abu Jafar, from Ibn Abi Umayr and Ibn Abi Nasr, from Hammad ibn Uthman, from Ubaydullah ibn Ali al-Halabi, who said: I (narrator) asked Abu Abdillah عليه السلام, peace be upon him, about ‘the charity of wealth that the ruler takes.’ Imam عليه السلام said: “I do not command you to repeat it.”

Muhammad ibn Ali ibn Mahbub, from Ibrahim ibn Uthman, from Hammad, from Hariz, from Abu Usamah, who said: I (narrator) said to Abu Abdillah عليه السلام, peace be upon him: “May I be made your ransom, these collectors of charity (al-musaddiqin) come to us and take charity from us, so we give it to them; does it suffice on our behalf?” Imam عليه السلام said: “No. These are only a people who have usurped from you,” or Imam عليه السلام said: “They have wronged you regarding your wealth, and charity is only for its people.”

Muhammad ibn Yaqub, from Ali ibn Ibrahim, from his father, from Hammad, from Hariz, from Zurarah and Ubayd ibn Zurarah, from Abu Abdillah عليه السلام, peace be upon him, who said: Imam عليه السلام said: “Any man who has cultivation or fruit, and he gives its charity, then there is nothing upon him in it if a year passes over it while it is with him, unless he converts it into wealth. If he does so, and a year passes over it while it is with him, then he must pay zakat on it, otherwise there is nothing upon him, even if it remains for a thousand years, so long as it is itself. Rather, upon him is the charity of the tithe. So when he has paid it once, there is nothing upon him until it is converted into wealth and a year passes over it while it is with him.”

Al-Husayn ibn Said, from Hammad ibn Isa al-Juhani, from Hariz ibn Abdullah, from Zurarah ibn Ayan, Muhammad ibn Muslim, Abu Basir, Burayd al-Ijli, and al-Fudayl ibn Yasar, from Abu Ja’far عليه السلام and Abu Abdillah عليه السلام, peace be upon them both, said: Imam عليه السلام said: “There is nothing upon working camels and cattle. Charities are only upon grazing, pasturing livestock. And everything over which a year has not passed while it is with its owner, then there is nothing upon him in it. But when a year has passed over it, it becomes obligatory upon him.”

Ali ibn al-Hasan, from Harun ibn Muslim, from al-Qasim ibn Urwah, from Abdullah ibn Bukayr, from Zurarah, from one of the two Imams عليه السلام, peace be upon them, who said: Imam عليه السلام said: “There is no zakat in anything of animals other than these three categories: camels, cattle, and sheep. And everything from these categories, from domesticated animals and working animals, there is nothing in them until a year passes over them from the day they are born.”

As for what Muhammad ibn Ali ibn Mahbub narrated from Muhammad ibn al-Husayn, from Safwan, from Ibn Muskan, from Ishaq ibn Ammar, who said: I asked him about ‘camels belonging to a camel-driver, and which are in some of the towns. Does zakat apply to them as it applies to grazing livestock in the wilderness?’ He said: “Yes.”

And Muhammad ibn Ali ibn Mahbub narrated from Muhammad ibn al-Husayn, from Safwan, from Ishaq: I (narrator) asked Abu Ibrahim عليه السلام, peace be upon him, about ‘working camels, Is there zakat upon them?’ Imam عليه السلام said: “Yes, there is zakat upon them.”

And Muhammad ibn Ali ibn Mahbub narrated from Muhammad ibn al-Husayn, from Abdullah ibn Bahr, from Abdullah ibn Muskan, from Ishaq ibn Ammar, who said: I (narrator) asked Abu Abdillah عليه السلام, peace be upon him, about ‘camels belonging to a camel-driver (jammal), or which are in some of the towns. Does zakat apply to them as it applies to grazing livestock in the wilderness?’ Imam عليه السلام said: “Yes.”

Muhammad ibn Ali ibn Mahbub, from Ibrahim ibn Hashim, from Ismail ibn Marrar, from Yunus ibn Abd al-Rahman, from some of his companions, from Zurarah, from Abu Ja’far عليه السلام, peace be upon him, who said: Imam عليه السلام said: “There is nothing in the young of camels, cattle, and sheep except that over which a year has passed while it is with the man, and there is nothing in their offspring until a year passes over it.”

And from him, from Muhammad ibn Abi al-Suhban, from Ibn Abi Najran, from Muhammad ibn Samaah, from a man, from Zurarah, from Abu Ja’far عليه السلام, peace be upon him, who said: Imam عليه السلام said: “Nothing is paid as zakat from camels, cattle, and sheep except that over which a year has passed. And whatever a year has not passed over is as though it did not exist.”