Sheikh Hamza Yusuf

Missing obligations

In the book Kitab Al-Inyah litawajiheen Al-Salikeen by Sidi Ahmed Zarruq (may Allah show him mercy) speaks about radd al-mazalim/redressing wrongs concerning missed obligations. He says that they must be made up and affirms that they are part of repentance.

Any obligatory action that was missed, for whatever reason, has to be made up missed prayers, fasts (Ramadan), zakah and Hajj. There is a difference of opinion about the Hajj whether it is obligatory straight away or can it be delayed. Hanafi's say it can be delayed and done at any time before death and the Shafis say it has to be done straight away. 

Sidi Ahmed said its part of one's repentance to redress the wrongs of missing obligations. Is this an isolated opinion? At the battle of the trench, due to the intensity of the situation, five prayers were missed. As soon as an opportunity came they repeated all the prayers in order. This is what the Hanafi's called Sahib Al-Tartib meaning if five prayers are missed then they are repeated in order. If more than five prayers are missed, they are repeated in any order. This proof was mass transmitted. 

This is according to the other schools as well. The Hanafi's say one days worth of missed prayers are made up a day. The Hanafi's also make up witr because its wajib. The Malikis say five days of prayer have to make up a day. The Shafis say that beyond doing the fard and wajib actions - he does not do anything except make up prayers. 

The Hadith of the Wali explains that the fard actions bring one closer to Allah (the Exalted). 

Umar ibn Al-Khattab (may Allah be pleased with him) said, "Bring yourself into account before you are brought into account. Weigh your actions before they are weighed." (Ya Ayya Al-Walad by Imam Ghazali)

Proofs of making obligations up

Making up fasts:

أياما معدودات فمن كان منكم مريضا أو على سفر فعدة من أيام أخر

2:185

"Fixed days. Whoever of you is ill or on a journey makes them (the fasts) in other days." (Quran Al-Baqarah 2:184)

Imam Al-Nasafi and Imam Qurtabi and so on agree that this passage means that whoever misses a fast for a valid reason like illness or travel, make them up later. As we know, that Ramadan is necessary to fast unless one has a valid excuse. Like an illness that increases with fasting or a permanent illness that causes hardship when fasting like diabetes. Alternatively, if a mother fears for the health of her child. Or if travelling before the time of fajr comes in. Other people who should not fast: elderly person, post partum or bleeding woman.

The Messenger of Allah (may Allah bestow peace and blessings upon him) said,

من نام عن صلاة أو نسيها فليصلها إذا ذكرها فإن ذلك وقتها

"Whoever sleeps and misses prayer or forgets should make it up it when they remember; because that is the time." Muslim. 

This confirms that missed prayers must be made up and the previous proof is for missed fasts. They lead us to the understanding that obligations must be repeated.

Abu Hurayrah (may Allah be pleased with him) reports that the Messenger of Allah (may Allah bestow peace and blessings upon him) said,

عَنْ أَبِى هُرَيْرَةَ قَالَ قَالَ رَسُولُ اللَّهِ صلى الله عليه وسلم : «‏ فَمَا أَدْرَكْتُمْ فَصَلُّوا وَ مَا فَاتَكُمْ فَاقْضُوا »

"Whatever you reach (the prayer then) pray (with the Imam) and whatever you miss; make up."

Abu Dawood, Imam Ahmed and Al-Nisa'i. 

This is about reaching the prayer and the congregation is taking place. So you pray whatever you do with the Imam and stand up then complete what you missed of the prayer.

Obligation

The actions of the religion that one is sinful for, is the non-performance of fard or wajib actions. In a non-Muslim country, it is possible that one does not know their obligations. Even though ignorance is everywhere now. As soon as one finds out there is no excuse. So you calculate from the time you realised that missing an action made you sinful. If you found out today that missing prayers was a sin then you start with today, and so forth.

Conditions

For the prayer, fasting and hajj; one must be mature which is between the ages of 12-15 for a male or between 9-15 for a female. The signs are bleeding for the woman or dreaming for the male (wet). Once the maximum age is reached, without any signs, then they are mature by age not sign. 

Hajj: one has to have the means to go once in his lifetime. Zakah:  when you have reached the nisab/the threshold to pay. Zakah has to go to bellies of the poor and not masjids.

There is no replacement for the prayer except the prayer itself (only fard and wajib prayers for Hanafis, Shafis only repeat fard prayers). Fasts can be replaced with same as fidyah/substitute which is two meals for one missed fast. There is no proper amount for the prayer.

So if someone has missed prayers then do not panic rather guessitmate the missed amount and make a plan to make them up. I.e. you have missed 5 years then you make up one day every day. You do one extra prayer with every prayer and in five years, you have made them all up!

The best time to make up fasts is winter or when the days are short. You can have breakfast and miss dinner then eat at four pm! (Please check your local times!) 

If you cannot make up the prayers and fasts because of illness then pay the fidya for the fasts. If you do not have the money to pay for the missed fasts then seek forgiveness and pay when or if you have the money (Tahfat Al-Muluk). Even having the intention to make them up, when you cannot, is good.  

We all owe a debt to Allah (the Exalted) and want to repay it but do not rush your prayer. Just do a bit a day and it is not a problem, do not overburden yourself by trying to pray them all now! Slow and steady is the best policy, just start with doing one missed prayer a day. Just make a plan and take it easy! Then in no time at all you will have completed all the prayers and fasts.

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Who is paid zakah/zakat?

The lines of this very simple matter have been blurred over the years. Partly due to people claiming their need for zakah when they have no right to it. This causes much discussion and confusion. Leading to the question, 'Who are entitled to Zakah?'

The purpose of zakah is to redistribute wealth from the rich to the poor. 

The Messenger of Allah (may Allah bestow peace and blessings upon him) said, "Take from the rich and give to the poor." (Bukhari). 

This way the gap between the poor does not grow. We see this now everywhere, the gap between rich and poor people grows all the time. Part of it is due to the fact that most rich people are not bothered about anything but money and they have little deen. 

The sources used in this are Quduri, Iktiyar, Hiddayyah and Hashiyyah Al-Tahtawi. May Allah bless the writers of these books. 

This article will explain the Hanafi position so those who follow other madhabs should look to the reliable books in their schools.

Basics

The root word Zakah means purification and it also means to grow. As we, all know Zakah is 2.5 of your wealth left over after a year, included is gold and silver. When a threshold of wealth is reached then it becomes obligatory. 

Then zakah is paid on it all or separately if you are Shafi. The threshold that qualifies one to pay zakah was 90-100 grams of gold but now it is moved to 700 grams silver. So if you have that much wealth then you pay zakah. It is between 500-1000 pounds but check with a local scholar. Zakah is paid on monies but not everyday items. ie. Items in daily useage like cars and houses. Debts are taken away from the value of zakah but mortgages are not considered debt. Or else there would be few people who would pay Zakah.

There is zakah for farm animals, stock on sale and crops. There are more details that can be found in the books of fiqh, so please look them up there.

Only a mature Muslim (who has reached age of maturity) pays zakah and if they do not have it then they do not pay. An adult who does not have the threshold does not pay zakah.

Whom do you pay zakah to?

From Hidayyah chapter on who is it permissible to pay zakah to?

1. Fakir - not the Sufi! But the person who has the least of anything.

2. Maskin - the one without anything. (Imam Shafi - defined these as 1 is 2)

3. The collector - a wage to the collector

4. Wounded soldier (according to Imam Muhammad)

5. Lost traveller - A person who has lost his wealth on a journey

6. Mukatab - a slave who sale has been agreed and is working to pay it off.

7. In debt - large debts that encompass their wealth

8. Joining hearts - those who are close to becoming Muslim or newly entered Islam. 

Although some consider eight has abrogated and not to be considered in this time. (Quduri)

Essentially zakah should go into the bellies of the poor believer and not elsewhere. Anything that is not mentioned above cannot be paid zakah or sadaqah al-fitr. 


Where is the proof?

The categories that explain where those who are due zakah are in the following verse in Surah Tawba 9:60:

إِنَّمَا ٱلصَّدَقَاتُ لِلْفُقَرَآءِ وَٱلْمَسَاكِينِ وَٱلْعَامِلِينَ عَلَيْهَا وَٱلْمُؤَلَّفَةِ قُلُوبُهُمْ وَفِي ٱلرِّقَابِ وَٱلْغَارِمِينَ وَفِي سَبِيلِ ٱللَّهِ وَٱبْنِ ٱلسَّبِيلِ فَرِيضَةً مِّنَ ٱللَّهِ وَٱللَّهُ عَلِيمٌ حَكِيمٌ

"Alms [zakah] are for the poor (1) and the needy (2), and those employed to administer the (funds) (3) for those whose hearts have been (recently) reconciled (to Truth) (4); for those in bondage and in debt (5); in the cause of Allah (6); and for the wayfarer (7): (thus is it) ordained by Allah, and Allah is All-knowledgable and All- wise."

The word 'inama' is a particle of constriction meaning that Zakah is only for the following categories. I have numbered them for you to understand clearly. 

You can clearly see masjids or other places have no right to Zakah.  

Whom do you NOT pay zakah to?

Ahl Al-Bayt/syed/Sharif

Now here comes the juicy bit! Zakah is not allowed to be paid to any member of the Ahl Al-Bayt under ANY circumstances! It is not allowed for any member of the Prophets (may Allah bestow peace and blessings be upon him) family. There was a time in which the public funds used to give a certain portion to them but there are nothing like this now. So if you find Ahl Al-Bayt who are poor then give them a gift and do not make it enough money to go to reach the threshold. That is disliked for anyone, to them enough money to reach the threshold. Ref: Hidiyaah, Quduri, Ikhtiyar and so forth. 

There are some weak opinions that allow it but the reliable position in Hanafi is that it is not allowed. There is a Maliki position allowing it because of the time we are in but please ask the Malikis about that.

Masjid/Madrasa

Yes, this is a sticking point because some allow it. However, it is clearly not one of the categories above, therefore not allowed. No matter what the masjid committee member says with his flying stick!

Madrasas/masjids have no right to zakah.

Family

No member of his own family, direct relations from parents to children, servants or slaves.

Zakah has to be given to the needy people and it can be money or food, but it has to reach the value. Ie in terms of money.

Dhimmi

The protected minorities are not allowed to be given zakah. The poor are supported by other means of charity. (Ikhtiyar: zakah) Therefore, non-Muslims are paid other forms of charity but not zakah because that is taken from Muslims and given to Muslims. Zakah is not allowed to be given to those who are fighting Muslims.

The rich

This one is obvious! The rich person does not need more money even if the son of rich man!

Funeral

Nothing that involves payment to funeral arrangements.

Final points

Anyone else (not mentioned in those who have a right to zakah) claiming zakah have no right to it. It is purification for you and your wealth. It makes you realise your social responsibility towards your community. It is better to pay it locally but permissible to send to a suffering people like those starving or suffering or to help those after an earthquake.

Charities who are taking zakah HAVE to make sure it reaches the poor and not mix it up with other monies. Charities are responsible before Allah (the Exalted) for every penny and this is a very important.

If you are confused about anything them please leave me a comment and I will get back to you. I hope this clears this up, in sha Allah.

Please click here for link to forty hadith about zakah

Fiqh of zakah click here

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