Malik ibn Anas, Muwatta',
Muhammad Fu'ad 'Abd al-Baqi, ed. Cairo, Halabi, 1951, I 268-70
Kitab al-Zakat
Chapter on prohibiting oppression of
the people in the giving of charity
1. Yahya told me on the authority of
Malik from Yahya ibn Sa'id from Muhammad ibn Yahya ibn Habban from al-Qasim ibn
Muhammad from 'A'isha, wife of the Prophet, that she said that some sheep which
were a part of charity were passed by 'Umar ibn al-Khattab. Among them he saw a
sheep with a large udder flowing (with milk). 'Umar said, ‘What is with this
sheep?’ They replied, ‘This is a sheep which is part of charity (sadaqa).’
'Umar said, ‘The owners of this sheep did not give it willingly. Do not torment
the people. Do not take the best animals of the Muslims, leaving them without
food.’
2. Yahya told me on the authority of
Malik from Yahya ibn Sa'id from Muhammad ibn Yahya ibn Habban who said that two
men from the Ashja' tribe informed him that Muhammad ibn Maslamat al-Ansari
used to come to them to collect their charity. To those who had possessions, he
would say, ‘Bring me charity from what you have!’ He would accept a sheep as a
payment of the amount owed.
3. Malik said, ‘This is the sunna
for us. What I have seen the people of knowledge doing in our region is that
they would not create hardship for the Muslims in their payment of zakat
and that they would accept from them what they offered of their possessions.
Chapter on taking charity and who is
permitted to take it
1. Yahya told me on the authority of
Malik from Zayd ibn Aslam from 'Ata' ibn Yasar that the messenger of God said,
‘Charity is not permitted to (be given to) a rich person except in five cases:
someone fighting in the way of God; someone working collecting charity; someone
who has suffered loss; someone who buys it with his own money; and someone who
has a poor neighbour who is given charity and the poor person gives some to the
rich one.’
2.
Malik said, ‘For us, the dividing up of charity can only be done by individual
judgement by the possessor (of what is to be given). Whichever group of people
has the most need and most numerous are to be given preference as the
giver decides is appropriate. It is possible that it could change to another
group after one, two or more years. Preference is always give to the people in
need and who are most numerous. This is the way the people of knowledge with
whom I am pleased have acted.’
3. Malik said that there is no set
amount to be given to the collector of charity other than what the imam
decides is appropriate.
Chapter on taking charity and being
firm in doing so
1. Yahya told me on the authority of
Malik that it reached him that Abu Bakr al-Siddiq said, ‘If they hold back from
me even a small portion of one year’s charity, I will declare a jihad
against them over it.’
2. Yahya told me on the authority of
Malik from Zayd ibn Aslam that he said that 'Umar ibn al-Khattab drank some
milk which he enjoyed, so he asked the person who had given it to him, ‘Where
did this milk come from?’ He told him that he went to a water hole (which he
named) and he found some livestock given in charity drinking there. He was
given some of their milk which he put in his container, and that was the milk
(he had given to 'Umar). So 'Umar ibn al-Khattab took his hand and made himself
regurgitate it.
3. Malik said, ‘For us, anyone who
refuses any of the obligations of God and the Muslims are unable to extract it
(from that person), jihad is a right which they have until such time as
they get (the obligation) from that person.’
4. Yahya told me on the authority of
Malik that it had reached him that one of the tax collectors under 'Umar ibn
'Abd al-'Aziz had written to him mentioning that a man had refused to give zakat
on his possessions. 'Umar wrote to the tax collector telling him to leave the
man alone and not take any zakat from him along with that of the
Muslims. Word of that reached the man and things became very difficult for him.
After that he paid the zakat on his possessions. The tax collector wrote
to 'Umar mentioning that to him. 'Umar then wrote back saying that he could now
take it from him.
***************************************************************************************
al-Bukhari, al-Sahih, reprint
Cairo, Dar al-Fikh, 1981, II, 115-7
Kitab al-Zakat
Chapter
1. Musa ibn Isma'il told us that Abu
'Awana told him on the authority of Firas from al-Sha'bi from Masruq from
'A'isha that some of the wives of the Prophet said to him, ‘Which of us will be
the first to die after you?’ He replied, ‘Whichever of you has the longest
hand.’ So they began measuring their hands with a stick and discovered that
Sawda had the longest hand. Later they came to know that charity was (called)
‘the longest hand’. She was the first to die after him and she loved giving
charity.
Chapter on giving charity openly
1. (This is) as in the saying of
God, Those who give of their possessions at night and during the day in
secret and openly … none of them will grieve (Q 2/274).
Chapter on giving charity secretly
1.
Abu Hurayra reported on the authority of the Prophet that he said that a person
giving charity can do it secretly such that his left hand does not know what
his right hand is doing. (About this) God said, If you give charity
openly it is good, but if you do it secretly and give it to the poor, that is
better for you (Q 2Æ271)
Chapter on giving charity to a rich
person unknowingly
1. Abu al-Yaman tol me that Shu'ayb
informed him that Abu Zinad told him on the authority of al-A'raj from Abu
Hurayra that the messenger of God said that a man said, ‘I will certainly give
some charity!’ So he took his charity and gave it to a thief. The next morning
he was informed that he had given charity to a thief. He said, ‘O God, Praise
be to You. I will certainly give charity (again)!’ So he took his charity and
gave it to an adulterer. The next morning he was informed that he had given
charity to an adulterer the night before. He said, ‘O God, Praise be to You
over an adulterer. I will certainly give charity (again)!’ So he took his
charity and gave it to a rich person. The next morning he was informed that he
had given charity to a rich person. He said, ‘O God, Praise be to you over a
thief, an adulterer and a rich person.’ Someone came up to him and said, ‘The
charity you gave to a thief may make him abstain from stealing, and perhaps the
adulterer will abstain from adultery. As for the rich person, perhaps he will
learn a lesson from it and give of what God has given him.’
Chapter on giving charity to one’s
son without realizing it
1. Muhammad ibn Yasuf told us that
Isra'il told him that Abu al-Juwayriya told him that Ma'n ibn Yazid told him
that he, his father and his grandfather pledged allegiance to the messenger of
God, who then proposed Ma'n in marriage and then had him married. (Ma'n said),
‘I went to him with a problem concerning my father Yazid who had taken some
money to be given in charity and placed it with a man in the mosque. I then
went and took it and brought it to my father.’ His father said, ‘By God, I did
not wish to give it to you!’ So Ma'n took the problem concerning this to the
messenger of God who said, ‘O Yazid, you will have what you intended (in
reward). O Ma'n, what you took is yours!’
Chapter on charity given with the
right hand
1. Musaddad told us that Yahya told
him on the authority of 'Ubayd Allah who said that Khubayb ibn 'Abd al-Rahman
told him on the authority of Hafs ibn 'Asim from Abu Hurayra from the Prophet
who said, ‘Seven (types of) people will be shaded by God in His shadow on the
day on which there will be no shade other than His: a just ruler; a young man
raised in the worship of God; a man whose heart is attached to mosques; two
people united in the love of God who join for Him and separate for Him; a man
who is summons by a noble and beautiful woman to whom he says, “I fear God”; a
person who gives charity secretly such that his left hand does not know what
his right hand is giving; and a person who remembers God in seclusion and whose
eyes fill (with tears).
2. 'Ali ibn al-Ja'd told us that
Shu'ba informed him saying that Ma'bad ibn Khalid said he heard Haritha ibn
Wahb al-Khuza'i saying that he heard the Prophet saying, ‘Give charity! A time
will come when people will walk around with their charity and someone (to whom
it is offered) will say, “If you had come yesterday, I would have taken it from
you. Today, however, I have no need of it”.’
**************************************************************************************
Abu Dawud, Sunan, Dar Ihya'
al-Sunna al-Tabawiyya, 1977, Muhammad Muhyi 'l-Din 'Abd al-Hamid, ed., II, 93-5
(numbers 1556-1561), 105-6 (numbers 1586-9)
Kitab al-Zakat
1. Qunayba ibn Sa'id told us that
Layth told him on the authority of 'Uqayl from al-Zuhri that 'Ubayd Allah ibn
'Abd Allah ibn 'Utba informed him on the authority of Abu Hurayra said that
when the messenger of God died and Abu Bakr was made caliph after him and some
among the Arabs disbelieved, 'Umar ibn al-Khattab asked Abu Bakr how he could
fight the people when the messenger of God had said, ‘I have been order to
fight the people until they say, “There is no god but God”. Those who say there
is no god but God have protected their property and themselves from me other
than what is due. Their reckoning is with God.’ Abu Bakr replied, ‘By God, I
will fight those who make a distinction between prayer and zakat. Zakat
is due on possessions. By God, if they hold back from me even a small portion
of one year’s charity which they used to give to the messenger of God, I will
declare a jihad against them over its refusal.’ 'Umar ibn al-Khattab
said, ‘By God, then I understood that God had open the breast of Abu Bakr to
fighting and I said, “I understand that this is right”.’
Abu Dawud said that Rabah ibn Zayd
and 'Abd al-Razzaq have transmitted this on the authority of Ma'mar from
al-Zuhri with its own isnad. Some transmitters have the word 'iqal,
‘a small portion of one year’s charity [literally: a rope used to hobble a
camel]’, while Ibn Wahb transmits it from Yunus with the word 'anaq, ‘a young
female goat’.
Abu Dawud said that Shu'ayb ibn Abi
Hamza and Ma'mar and al-Zubaydi say on the authority of al-Zuhri that this
report reads, ‘if they hold back from me a young female goat’. 'Anbasa
transmits on the authority of Yunus on the authority of al-Zuhri that this
report reads, ‘a young female goat’.
Ibn Sarh and Sulayman ibn Dawud told
us that Ibn Wahb told them that Yunus told him on the authority of al-Zuhri
that Abu Bakr said, ‘The obligation is the payment of zakat.’ He also
said, ‘A young female goat.’
Chapter concerning what necessitates
zakat
1. 'Abd Allah ibn Maslama told us
that I repeated to Malik ibn Anas on the authority of 'Amr ibn Yahya al-Mazini
from his father who said that he heard Abu Sa'id al-Khudri report that the
messenger of God said, ‘There is no charity payable on less than five camels,
less than five units of silver or on less than five camel loads (of
agricultural produce).’
2. Ayyub ibn Muhammad al-Raqqi told
us that Muhammad ibn 'Ubayd told him that Idris ibn Yazid al-Awdi told him on
the authority of 'Amr ibn Murra al-Jamli from Abu 'l-Bukhtari al-Ta'i from Abu
Sa'id al-Khudri attributed to the Prophet the saying, ‘There is no zakat
payable on less than five camel loads (of agricultural produce).’ One camel
load is sixty measures.
Abu Dawud said that Abu al-Bukhtari
did not hear reports from Abu Sa'id.
Muhammad ibn Qudama ibn A'yan told
us that Jarir told him on the authority of al-Mughira from Ibrahim who said
that a camel load is sixty measures as established by al-Hajjaj.
2. Muhammad ibn Bashshar told us
that Muhammad ibn 'Abd Allah al-Ansari told him that Sadr ibn Abi Manazil said
that he heard Habib al-Maliki reporting that a man said to 'Imran ibn Husayn,
‘O Abu Nujayd, you transmit reports for which we do not find any basis in the
Qur'an!’ 'Imran became angry and said to the man, ‘Do you find that for every
forty dirhams (you must pay) one dirham (in zakat)? Or that for a
certain number of goats that one is due? Or that for a certain number of camels
and certain number is due? Do you find this in the Qur'an?’ ‘No,’ he admitted.
‘So,’ 'Imran said, ‘where did you get this from? You got it from us and you got
it from the Prophet of God.’ He mentioned many similar things.
Chapter on pleasing the collectors
of charity
1. Mahdi ibn Hafs and Muhammad ibn
'Ubayd, agreeing in the sense of the report, told me that Hammad told them on
the authority of a man called Daysam - Ibn 'Ubayd said he was from the tribe of
Sudus - from Bashir ibn al-Khasasiyya - Ibn 'Ubayd said in his version that his
name was not Bashir but that the messenger of God had named him that - who said
that they asked Muhammad, ‘If the collectors of charity act unjustly towards us
(by taking more than is due), may we hide our possessions to the extent that they
are unjust?’ He said, ‘No.’
Al-Hasan ibn 'Ali and Yahya ibn Musa
told us that 'Abd al-Razzaq told them on the authority of Ma'mar from Ayyub
(this report) with its own isnad and wording, except that (Bashir) said
that they said, ‘O messenger of God, the collectors of charity act unjustly.’
Abu Dawud said that 'Abd al-Razzaq
transmitted this report on the authority of Ma'mar.
2. 'Abbas ibn 'Abd al-'Azim and
Muhammad ibn al-Muthanna told us that Bishr ibn 'Umar told them on the
authority of Abu 'l-Ghusn from Sihr ibn Ishaq from 'Abd al-Rahman ibn Jabir ibn
'Atik from his father that the messenger of God said, ‘Riders who are disliked
will come to you. When they come, you must welcome them and let them have what
is necessary. If they are just, it will be to their credit. But if they are
unjust, it will count against them. Satisfy them for the completion of your zakat
lies in satisfying them. They will seek a blessing for you.’
Abu Dawud said that Abu 'l-Ghusn is
Thabit ibn Qays ibn Ghusn.
3. Abu Kamil told us that 'Abd
al-Wahid, that is Ibn Ziyad, told him that 'Uthman ibn Abi Shayba told him that
'Abd al-Rahim ibn Sulayman him that this is the report of Abu Kamil transmitted
on the authority of Muhammad ibn Abi Isma'il who was told by 'Abd al-Rahman ibn
Hilal al-'Absi on the authority of Jarir ibn 'Abd Allah who said that some
Bedouin came to the messenger of God and said that collectors of charity had
come to them and acted unjustly. (The messenger of God) said, ‘Satisfy those
who collect charity from you.’ They replied, ‘O messenger of God, even if they
act unjustly towards us?’ He said, ‘Satisfy those who collect charity from
you.’ 'Uthman adds here, ‘even if they act unjustly.’ Abu Kamil said in his
version that Jarir said, ‘After I heard this from the messenger of God, every
collector of charity who departed from me was satisfied with me.’