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Miscellaneous rules of zakat.2027. 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. 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 separate the Zakat from his wealth, as an obligatory precaution and later give it to poor. 2028. 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. 2029. 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 replacement. 2030. 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 has delayed so much and it can be said that he has not acted quickly, he should make its substitute, but if he has delayed only couple of hours and the property is lost within the same time, but he was waiting for a deserving person, then if he has not paid but if he had found a deserving person, he must make its substitute. 2031. When a person has separated Zakat from his property, he cannot utilize it and replace it with other payment. 2032. 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. 2033. 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. 2034. 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. 2035. 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. 2036. It is better that Zakat is given openly, and Mustahab Sadaqa are given secretly. 2037. 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. He can deduct from Zakat the expenses of taking it to the other town, and he will not be responsible if it is lost. 2038. Even if a deserving person is available in the hometown 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 religious judge. 2039. The charges for weighting and scaling of wheat, barley, raisins and dates, which a person gives as Zakat, are to be paid by him. 2040. 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 Mithqal 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. 2041. It is better that Zakat is given openly, and Mustahab Sadaqa are given secretly. 2042. 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. He can deduct from Zakat the expenses of taking it to the other town, and he will not be responsible if it is lost. 2043. Even if a deserving person is available in the hometown 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 religious judge. 2044. The charges for weighting and scaling of wheat, barley, raisins and dates, which a person gives as Zakat, are to be paid by him. 2045. 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 Mithqal 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. 2046. 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 it is still Makrooh that the man who has given him Zakat buys it. 2047. If a person doubts whether or not he gave the Zakat, which had been obligatory on him, he should give Zakat even if his doubts are with regard to Zakat of earlier years. 2048. 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. Or take Zakat and return it to owner but if it is suitable, he may return it as lending. But one who owes a lot of Zakat and he has become poor and cannot pay it and he does not hope to become wealthy again, if he wants to repent, a poor can take Zakat from him and return it. 2049. A person can purchase the Holy Qur’an or religious books or prayer books from the Zakat property, and dedicate them a Waqf, even if he gives Waqf to his children or those who depend on him. And he may gives Tawliyat (gurdianship) of Waqf to himself or his children. 2050. 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. 2051. A poor can spend Zakat to go to Hajj, Zakat etc. but if he has received from Zakat an amount equal to his annual expenses, he cannot do that but from Sabilollah’s portion, it is in order. 2052. 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 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. 2053. If a poor man gets camel, cow, sheep, gold and silver as Zakat and if the conditions for Zakat becoming obligatory are fulfilled (the limit and passing of a year) he will have to give Zakat on them. 2054. 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 no paid Zakat on his share, exercises of the right of discretion over his own share is Ishkal. 2055. If a person owes Khums or Zakat and also owes Kaffarah 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 been used up, he may pay Khums and Zakat, or Kaffarah, Nadhr, and debt and the like, but it is better to divide them 2056. If a person owes Khums or Zakat and has an obligation of Nadhr and the like and is indebted and he dies, and his property is not sufficient for all these things, if 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 Khums and Zakat and debt and Nadhr and the like. For example, if 40 Tomans of Khums is obligatory for a person, and he has 20 Tomans of debt, and all of his property is 30 Tomans, 20 Tomans should be paid for Khums and 10 Tomans for his debt. If anything remains it should be spent on Hajj. If there is still an excess, then it must be divide between Khums and Zakat. 2057. 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 or Mustahab. And if acquiring that knowledge is not obligatory or Mustahab, he can be given Zakat. |