am I obliged to fulfil the niyyah

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Date: Wednesday, May 16, 2012

 

 

Question

 

 

 

Assalaamu alaikum

1. I am expatriate doctor working in Saudi and did an extra duty during Hajj for which we get renumeration. I made a niyyah before the hajj that when (notif) I will this extra amount I would not take it and sponsor by it the Hajj of any other person who is unable to perform it.

Now Alhamdullilah I got the extra money and now my question is that am I obliged to fulfil the niyyah. Or can I utilise this money in other way, like sponsoring an orphan's home or starting an Arabic teaching course by this money, or give to my relatives for their well being and umrah.

 

2. I have got another problem. Years before I made a niyyah if Allah provides me the thing I wanted I would sponsor a years subscription to 36 persons for a particular Islamic magazine for ten years. Alhamdullilah Allah SWT provided me the need and I started to pay for the subscription. Now for the last few years, I am sending them the money but they probably do not send the magazines. Now my query is that am I obliged to send them the money or can I send the same money to any other Islamic magazine institution so that my money does not get wasted. Or can I utilise the same money for propogation of Islam like sponsoring for Arabic Classes.

 

The difference between the niyah of first question and second one is that in first question's niyyah I didn't ask for some fulfilment (like in Nazar) while as for the second question's I asked for some fullfilment which Allah SWT gave me.

 

 

 

Please also comment on this Whether this ruling is correct or doubtful

http://saudigazette.com.sa/index.cfm?method=home.regcon&contentID=20120207117091&archiveissuedate=07/02/2012

 

Doctors can pay Zakat with free treatment: scholar


RIYADH – Doctors can pay their Zakat by performing free surgery or clinical examinations for needy patients, according to Sheikh Abdullah Al-Mutlaq, a member of the Board of Senior Ulema.
Al-Watan Arabic daily reported on Sunday that he announced the fatwa during a symposium on Saturday in Riyadh, which was held to discuss the role of civil society in healthcare services.
“For example, if a doctor has to pay SR500,000 in Zakat, he can perform surgical operations and consider them part of his Zakat. Some excellent doctors go to Africa to conduct free surgery and work as volunteer doctors.”

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

4. Also can we pay zakat money for the cost of medicines of poor people who cannot afford costly treatment

 

 

 

 

 

Answer

 

Muhtaram / Muhtaramah

 

In the Name of Allāh, the Most Gracious, the Most Merciful.

As-salāmu ‘alaykum wa-rahmatullāh wa-barakātuh.

 

1.      Having a niyyah alone without stating the intention either verbally or in writing will not constitute a nazr, thus it will not be binding on you to fulfil this intention. [Refer to Fataawa Mahmudiyyah, Farooqiyyah, v 20, p 213]

You may, nevertheless voluntarily spend the money in any of the avenues of good thus earn great rewards.

[Refer to: Fatawa Walwalijiyyah v 2, p 159, Darul Kutubil Ilmiyyah]

2.      You will be permitted to give this money to any other organisation that will pass it on to the poor. You may also directly hand over the money to the poor.

[Refer to Fataawa Mahmudiyyah Farooqiyyah, v 20, p 213; Raddul Mutaar v 3, p 741, HM Saeed]

3.       It will be permissible for you to give your zakat to your cousin on condition that she is a worthy recipient of Zakaat. Hence she would only be entitled to receive Zakaat if she does not own the Nisaab of Zakaat. The Nisaab of Zakaat works out to 612,36 grams of silver and 87,48 grams of gold or its equivalent in value in the form of cash, stock in trade or assets that shar’eeah deems to be over and above one’s basic necessities.

Hence, if after the deduction of liabilities such as payable debts, unpaid rent and other unpaid bills, if your cousin does not possess the Nisaab (612,36 grams of silver or 87,48 grams of gold) or its equivalent in value in the form of cash, stock in trade, etc, nor in the form of assets that are beyond his basic necessities such as an extra house, extra furniture, extra clothing, television set, ornaments etc. then she will be eligible to receive Zakaat.

 

If your cousin’s children are baaligh then the same law will apply; i.e. if their net wealth is not equal to nisaab they will be eligible otherwise not.

If the children are not baaligh then they will only be eligible for zakaat if together with them not having nisaab their father also does not have the nisaab. [Haashiyatut Tahtaawi Alal Maraaqi p. 393 Mir Muhammad Kutub Khanah Karachi]

In order for the Zakaat to be discharged it would be imperative that the financial status of the intended avenue be ascertained. The channeling of Zakaat funds to ineligible avenues would render the Zakaat as invalid and would thereby necessitate repayment.

4.       Yes, it will be permissible to discharge zakaat by giving medicine to the poor. However, the one discharging zakaat(or their agent) should physically hand over the medication or cash to purchase the medication to the poor for the zakaat to be valid. By merely administering some medication without first making the poor owners of the medication the zakaat will not be valid. [refer to Mahmudiyyah v, 14, p 247Farooqiyyah]

5.      One of the conditions for the validity of Zakaat is tamleek. This refers to physically making the recipient the owner of what is being given as Zakaat. In the enquired situation this does not occur. However, the doctor may give the patient his bill, and then give him cash as Zakaat and ask him to settle the fee with the cash that he has received. [Haashiyatut Tahtaawi Alal Maraaqi p. 389]

 

And Allah knows best
Darul Iftaa

Madrasah Inaa’miyyah

 

 

·         The Sharée ruling herein given is specifically based on the question posed and should be read in conjunction with the question.

·         The Darul Ifta bears no responsibility to any party who may or may not act on this answer. The Darul Ifta being hereby exempted from loss or damage howsoever caused.

·         This answer may not be used as evidence in any Court of Law without prior written consent of the Darul Ifta.

 

 

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