Zakat on Wealth of Orphans

1. Ali ibn Ibrahim has narrated from his father and Muhammad ibn Yahya has narrated from Ahmad ibn Muhammad all from Ibn Abi ‘Umayr from Hammad ibn ‘Uthman from al-Halabiy who has said the following: “I once asked abu ’Abd Allah (a.s.), about the assets of the orphans if there is Zakat on it. He (the Imam) said, ‘If it (asset) is not active (not used in business) Zakat is not due on it. If you use it in business, then you are responsible for it and its profit belongs to the orphan.’”

Translation: Muhammad Sarwar — attributed by Thaqalayn·The Arabic above is the original.

1. Al-Husayn from Muhammad has narrated from Mu‘alla’ ibn Muhammad from al-Washsha’ from Aban ibn ‘Uthman from Zayd al- Shahham who has said the following: “Abu ‘Abd Allah (a.s.), has said that the Messenger of Allah, O Allah, grant compensation to Muhammad and his family worthy of their services to Your cause, never ate while leaning against something from the day Allah, most Majestic, most Glorious, sent him as the Messenger of Allah to the day he passed away. He (the Messenger of Allah) ate like a servant and sat like a servant.’ I then asked, ‘Why did he do so?’ He (the Imam) said, ‘He did so to show humbleness before Allah, most Majestic, most Glorious.”’

Translation: Muhammad Sarwar — attributed by Thaqalayn·The Arabic above is the original.

1. Ali ibn Ibrahim has narrated from Muhammad ibn ‘Isa from Yunus from Mu’awiyah ibn Wahab who has narrated the following: “The paved area where Salat (prayer) for the dead had been performed in the time of the Messenger of Allah, O Allah, grant compensation to Muhammad and his family worthy of their services to Your cause, was called al-Batha’ where people sold milk, ghee and cheese. A desert dwelling Arab once came with his horse and tied it there. The Messenger of Allah, O Allah, grant compensation to Muhammad and his family worthy of their services to Your cause, bought it from him. He (the Messenger of Allah) went inside to bring the price. Certain hypocrites asked the man, Tor how much did you sell your horse?’ He replied, T have sold it for such and such amount.’ They said, ‘This is a bad deal. Your horse is better than this.’ The Messenger of Allah, O Allah, grant compensation to Muhammad and his family worthy of their services to Your cause, then came out with the complete and nice price. The Arab man said, ‘By Allah I did not sell it.’ The Messenger of Allah, O Allah, grant compensation to Muhammad and his family worthy of their services to Your cause, said, ‘Allah is free of all defects, yes, by Allah, you sold it to me.’ Voices rose and certain people said, ‘The Messenger of Allah is bargaining with a desert Arab man.’ Many people gathered around. Abu ‘Abd Allah (a.s.), has said, ‘With the Holy Prophet, there his companions were also present when Khudhaymah ibn Thabit Ansari came and moved people with his hand until he reached the Holy Prophet, and said, ‘O Messenger of Allah, I testify that you bought from him.’ The Arab man said, ‘How can you testify, when you were not here present with us?’ The Messenger of Allah asked, ‘Did you see us concluding the sale?’ Khudhaymah said, ‘No, I was not here, but I know that you have bought it. I have believed in what you have brought from Allah and acknowledged your truthfulness; how can I not believe you against this filthy Arab? How that can happen?’ He (the Imam) said that the Messenger of Allah, O Allah, grant compensation to Muhammad and his family worthy of their services to Your cause, liked his standpoint and said, ‘O Khudhaymah, your testimony equals to two testimonies.’”

Translation: Muhammad Sarwar — attributed by Thaqalayn·The Arabic above is the original.

2. Muhammad ibn ’Isma‘il has narrated from al-Fadl ibn Shadhan and Ahmad ibn Idris from Muhammad ibn ‘Abd al-Jabbar all from Safwan ibn Yahya from Ishaq ibn ‘Ammar from abu al-‘Attar al-Khayyat who has said the following: “I once asked abu ‘Abd Allah (a.s.), about the assets of orphans which are with me and I use it in business. He (the Imam) said, ‘If you move it, its Zakat is up on you.’ I then said, ‘I move it for eight months and leave it for four months.’ He (the Imam) said, ‘Zakat due on it is on you.’”

Translation: Muhammad Sarwar — attributed by Thaqalayn·The Arabic above is the original.

2. Ali ibn Ibrahim has narrated from his father from Safwan from ibn Muskan from al-Hassan al-Sayqal who has said the following: “I once heard abu ‘Abd Allah (a.s.), saying, ‘Once an indecent woman passed by the Messenger of Allah, O Allah, grant compensation to Muhammad and his family worthy of their services to Your cause, when he was eating while sitting on the ground. She said, ‘O Muhammad, you eat like a slave and sit like one.’ He (the Messenger of Allah) said to her, ‘I am a slave and where is that slave who is a better slave than I am.’ She then said, ‘Give me a morsel from you food.’ He (the Messenger of Allah) gave her a morsel but she said, ‘No, by Allah, (I will not accept) until you give from what is in your mouth.’ The Messenger of Allah then took the morsel out of his mouth and gave it to her and she ate it.’ Abu ‘Abd Allah (a.s.), has said that she thereafter was never affected by indecency until she left this world.’”

Translation: Muhammad Sarwar — attributed by Thaqalayn·The Arabic above is the original.

2. Muhammad ibn Yahya has narrated from Ahmad ibn Muhammad from Musa ibn Ja‘far af-Baghdadiy from Ja‘far ibn Yahya fn ‘Abd Allah ibn ‘Abd al-Rahman fn af-Husayn ibn Zayd who has narrated the following: “Abu ‘Abd Allah, has narrated from his father, ‘Alayhim al-Salam, who has said that once Qudamah ibn Maz‘un was brought before ‘Umar ibn al-Khattab because of drinking wine and two men testified against him. One, called ‘Amr al- Tamimiy, was castrated and the other one was Mu‘alla’ ibn al- Jarud. One of them testified that he saw him drinking wine and the other said that he saw him throwing out wine. ‘Umar then sent for several people of the companions of the Messenger of Allah, O Allah, grant compensation to Muhammad and his family worthy of their services to Your cause, among whom one was ’Amir al-Mu’minin, Ali (a.s.). ‘Umar then asked, ‘What do you say, O abu al-Hassan? You are the one about whom the Messenger of Allah, O Allah, grant compensation to Muhammad and his family worthy of their services to Your cause, has said, “He is the most knowledgeable one in the nation and the one who judges with the truth all the time.” These have presented different testimonies.’ He (the Imam) said there is no difference in their testimonies, he could not have thrown out wine without drinking it.’ ‘Umar then asked about the testimony of a castrated man. He (the Imam) said, ‘His losing his beard is just like the loss of a certain part of his body.’”

Translation: Muhammad Sarwar — attributed by Thaqalayn·The Arabic above is the original.

3. Ali ibn Ibrahim has narrated from his father from Hammad ibn ‘Isa from Hariz from Muhammad ibn Muslim who has said the following: “I once asked abu ‘Abd Allah (a.s.), if there is Zakat on orphan’s assets. He (the Imam) said, ‘No, Zakat is not due unless it is used in business or is made to work.’”

Translation: Muhammad Sarwar — attributed by Thaqalayn·The Arabic above is the original.

3. Muhammad ibn Yahya has narrated from Ahmad ibn Muhammad from Ali ibn al-Hakam from Abi al-Mughira’ from Harun ibn Kharijah who has said the following: “Abu ‘Abd Allah (a.s.), has said that the Messenger of Allah (saww) would eat like a slave, sit like one and knew that he was a slave (of Allah).”’

Translation: Muhammad Sarwar — attributed by Thaqalayn·The Arabic above is the original.

3. A number of our people have narrated from Ahmad ibn Muhammad from Muhammad ibn ’Isma‘il from Mansur from Yunus from Musa ibn Bakr from al-Hakam ibn abu ‘Aqil who has narrated the following: “I once said to abu ‘ Abd Allah (a.s.), that my opponent brings a great deal of false testimony against me and I dislike to fight back. I do not know if it is the right thing that I do. He (the Imam) said to me, ’Have you not noticed that ’ Amir al-Mu’minin, Ali, Alayhi al-Salam, would say, “Do not leave yourselves and assets hostage to the false testimonies.” If it is not an offense in religion and a sin against his Lord, then there is nothing wrong for a man to defend himself. It is like preventing unlawful sexual relations and unlawful bloodshed by one’s testimony which is good, so also is the case with defending one’s assets.’”

Translation: Muhammad Sarwar — attributed by Thaqalayn·The Arabic above is the original.

4. Hammad ibn ‘Isa has narrated from Hariz from abu Basir who has said the following: “I once heard abu ‘Abd Allah (a.s.), say, ‘Zakat is not due on orphans’ assets even when they become adults; they are not liable for Zakat of the previous years or of the remaining time, but when they become adults, they are required to pay Zakat. They are held responsible as others are held responsible.’”

Translation: Muhammad Sarwar — attributed by Thaqalayn·The Arabic above is the original.

4. A number of our people have narrated from Ahmad ibn abu ‘Abd Allah from ‘Uthman ibn ‘Isa from Sama‘ah who has said the following: “I once asked abu ‘Abd Allah (a.s.), about the case of a man who eats leaning backward. Abu ‘Abd Allah (a.s.), has said, ‘No, one must not lean forward also.’”

Translation: Muhammad Sarwar — attributed by Thaqalayn·The Arabic above is the original.

4. Muhammad ibn Yahya has narrated from Muhammad ibn al-Hassan who has narrated the following: “I once wrote to abu Muhammad, Alayhi al-Salam, and asked about the case of a man who sells a piece of land to another man. He does not know its limits, and so he does not appoint any witness to the deal, saying that when the limits are defined then witnesses are appointed; if it is permissible to bear witness or not. He (the Imam), Alayhi al-Salam, signed the answer that said, ‘Yes, it is permissible, all praise belongs to Allah.’ A man wanted to leave for Makkah. He had certain pieces of land in a town, which was a certain distance away from his home. He did not define the limits of the land. He only knew the limits of the town, all of its four sides. He said to the witnesses to bear witness that he has sold the whole town of such and such limits of all four sides one, two, three and four, to so and so. In fact, he only owned a piece of land in the town; if buying as such is permissible, when he has confirmed for him the selling of the whole town. He (the Imam) signed the answer that said, ‘It is not permissible to sell what does not belong to him, however, the purchase of what he owns has become binding in favor of the buyer.’ A man wrote to him (the Imam) asking if it is permissible for the witnesses whom he had appointed to bear testimony for the selling of the whole town to testify about the limits of the land that he owns in the town. He may have come to know such limits of such land through the people of the town if they are just people. He (the Imam) signed the answer that said, ‘Yes, it is permissible about something which is known and understood.’ A man wrote saying that a man says to another man to bear witness that the whole of the house that he owns in such and such place with its limits, all of it is for so and so with all that is in the house of assets; if the buyer can have all that is in the house. He (the Imam), Alayhi al-Salam, signed the answer that said, ‘It is permissible for all that the buying has covered, by the will of Allah.’”

Translation: Muhammad Sarwar — attributed by Thaqalayn·The Arabic above is the original.

5. Hammad ibn ‘Isa has narrated from Hariz from Zurarah and Muhammad ibn Muslim who has said the following: “Zakat is not due on loans people owe to orphans’ as well as on the orphans immoveable assets; however, it is obligatory to pay Zakat for the orphans’ grains.’”

Translation: Muhammad Sarwar — attributed by Thaqalayn·The Arabic above is the original.

5. Ali ibn Ibrahim has narrated from his father from Ibn Abi ‘Umayr from abu ’Isma‘il al-Basriy from al-Fudayl ibn Yasar who has said the following: “‘Abbad al-Basriy was once with abu ‘Abd Allah (a.s.), while eating, abu ‘Abd Allah (a.s.), placed his hand on the ground. ‘Abbad said, ‘I pray to Allah to keep you well. Do you not know that the Messenger of Allah prohibited this (manner of sitting).’ He (the Imam) raised his hand, ate, and placed his hand on the ground again. ‘Abbad said what he had said before. He (the Imam) raised his hand, then ate and placed his hand on the ground again and ‘Abbad said what he had said before. Abu ‘Abd Allah (a.s.), then said, ‘No, by Allah, the Messenger of Allah never prohibited it.’”

Translation: Muhammad Sarwar — attributed by Thaqalayn·The Arabic above is the original.

5. Muhammad ibn Yahya has narrated from Ahmad ibn Muhammad from al-Hassan ibn Mahbub from Ayyub from Hariz who has narrated the following: “This is about the case of four men who testified against an al-Muhsin (married man) due to fornication of whom two retracted their testimony and not the other two. Abu ‘Abd Allah (a.s.), has said, ‘If the four are Muslims who are not known as falsely testifying people, the testimony of all four is admissible, and penalty must be applied on the one against whom they have testified, however, they must testify only to what they have seen and have the knowledge thereof. The person in authority must accept their testimony unless they are known to be sinful people.’”

Translation: Muhammad Sarwar — attributed by Thaqalayn·The Arabic above is the original.

6. Ali ibn Ibrahim has narrated from his father from ’Isma‘il ibn Marrar from Yunus from Sa‘id al-Samman who has said the following: “I once heard abu ‘Abd Allah (a.s.), say, ‘Zakat is not due on the assets of orphans unless it is used in business, in which case the profit belongs to the orphans’ and if it (using it in business) is assigned to someone, then Zakat is upon the one who uses it in business.’”

Translation: Muhammad Sarwar — attributed by Thaqalayn·The Arabic above is the original.

6. Abu Ali al-Ash‘ariy has narrated from Muhammad ibn ‘Abd al-Jabbar from Muhammad ibn Salim from Ahmad ibn al-Nadr from ‘Amr ibn Shamir from Jabir who has said the following: “Abu Ja‘far (a.s.), has said that the Messenger of Allah, O Allah, grant compensation to Muhammad and his family worthy of their services to Your cause, would eat like a slave and sit like one. The Messenger of Allah would eat while sitting on the ground and sleep on the ground.’”

Translation: Muhammad Sarwar — attributed by Thaqalayn·The Arabic above is the original.

6. Ali ibn Ibrahim has narrated from his father from al-Husayn ibn Sayf from Muhammad ibn Sulayman who has narrated the following: “I once asked abu Ja‘far, al-Thaniy, Alayhi al-Salam, ‘How is it that when a man accuses his wife of committing fornication his testimony is four testimonies by Allah? Why is it not permissible for those other than him, if someone other than husband accuses her, he is subjected to penalty even if he is a son or brother?’ He (the Imam) said, ‘Abu Ja‘far (a.s.), was asked about it and he (the Imam) replied that suppose if a man accuses his wife he can be asked about how he has learned that his wife has behaved as such, his eyes have seen her doing it then his testimony is four testimonies by Allah. It is because of the possibility for a man to go in privacy where others cannot do so. A son or father cannot see as such in the night or day. For this reason, his testimony has become four testimonies by Allah if he says, “I have seen it with my eyes.” If he says, “I have not seen with my eyes” he is an accuser like other people and he is subjected to penalty unless he establishes testimony. If people other than the husband thinks, accuses and claims seeing it with his eyes he is then asked, “How did you see and who made it possible for you to be in such place where you alone saw it? You stand accused about your claim even if you speak truth, you are in the position of one being accused; and it is necessary to discipline you by penalty which Allah has made obligatory upon you.”’ He (the Imam) said, ‘The testimony of a husband has become four testimonies by Allah, in place of every witness one oath.’” A number of our people have narrated from Ahmad ibn Muhammad ibn Khalid from Muhammad ibn Aslam from certain ones of the people of Qum from abu al-Hassan al-Rida’ (a.s.), a similar Hadith.

Translation: Muhammad Sarwar — attributed by Thaqalayn·The Arabic above is the original.

7. Ahmad ibn Idris has narrated from Muhammad ibn ‘Abd al-Jabbar from Safwan ibn Yahya from Yunus ibn Ya‘qub who has said the following: “I once sent (a letter) to abu ‘Abd Allah (a.s.), to find out when Zakat becomes obligatory for the assets of my small brothers. He (the Imam) said, ‘When Salah (prayer) becomes obligatory up on them, Zakat also become obligatory; however, in the case of those of them on whom Salah (prayer) is not obligatory but their asset is used in business, you must pay Zakat for such assets.’”

Translation: Muhammad Sarwar — attributed by Thaqalayn·The Arabic above is the original.

7. Al-Husayn from Muhammad has narrated from Mu‘alla’ ibn Muhammad from al-Hassan ibn Ali from Ahmad ibn ‘A’idh from abu Khadijah who has said the following: “Once Bashir al-Dahhan asked abu ‘Abd Allah (a.s.), when I was present, saying, ‘Did the Messenger of Allah eat while leaning against something to his right or left?’ He (the Imam) said, ‘The Messenger of Allah never ate while leaning against something on his right or left, he (the Messenger of Allah) however, sat like slaves.’ I then asked, ‘Why did he do so?’ He (the Imam) said, ‘He did so to express humbleness before Allah.’”

Translation: Muhammad Sarwar — attributed by Thaqalayn·The Arabic above is the original.

7. Ali ibn Ibrahim has narrated from his father from Ahmad ibn Muhammad from ibn Abu Nasr from ’Isma‘il ibn Abu Hanifa from Abu Hanifa who has narrated the following: “I once asked Abu ‘Abd Allah (a.s.), ‘Why in a murder case only two witnesses are required, and in the case of fornication four witnesses are required when murder is more serious than fornication?’ He (the Imam) said, ‘It is because murder is one act and fornication is two acts, for this reason less than four witnesses is not admissible; two against man and two against the woman.’” Certain one of our people have narrated from him (Abu Hanifa) that then he (the Imam) asked, ‘What is with you, O Abu Hanifa?’ I replied, ‘We have nothing about it except the Hadith of ‘Umar that says, ‘Allah has taken two words in the testimony against the people.’ He (the Imam) then said, ‘It is not as such, O Abu Hanifa, in fornication there are two penalties. It is not permissible for less than two to testify against one, two against the man and two against the woman; penalty is obligatory on both man and woman, when in murder it is applied to the killer only and the one murdered is defended.’”

Translation: Muhammad Sarwar — attributed by Thaqalayn·The Arabic above is the original.

8. Muhammad ibn Yahya has narrated from Muhammad ibn al-Husayn from Muhammad ibn al-Qasim ibn al-Fudayl who has said the following: “I once wrote to abu al-Hassan, al-Rida’ (a.s.), and asked about the executor of the will if it is obligatory on him to pay Zakat of al-Fitrah for the orphans if they have assets. He (the Imam) wrote to me, ‘Zakat is not due on orphans.”

Translation: Muhammad Sarwar — attributed by Thaqalayn·The Arabic above is the original.

8. Abu Ali al-Ash‘ariy has narrated from Muhammad ibn ‘Abd al-Jabbar, from Safwan from Mu‘alla’ ibn ‘Uthman from Mu‘alla’ ibn Khunayth who has said the following: “Abu ‘Abd Allah (a.s.), has said that the Holy Prophet never ate while leaning against something, from the time Allah, most Majestic, most Glorious, sent him as His Messenger. He (the Messenger of Allah) disliked sitting as kings, but we are not able to do so.’”

Translation: Muhammad Sarwar — attributed by Thaqalayn·The Arabic above is the original.

8. AI-Husayn from Muhammad has narrated from af-Sayyariy from Muhammad ibn Jumhur from those who narrated to him from ibn abu Ya’fur who has narrated the following: “I had to testify in a case before abu Yusuf, the judge, who said, ‘O ibn abu Ya’fur I still say about you, when you are my neighbor, that I know you only as a truthful person of long nights (for worshipping Allah) except “that thing”.’ He then asked, ‘What is “that thing”?’ He (the judge) said, ‘It is your tendency to the al-Rafidah (rejectionists).’ Ibn abu Ya’fur then wept until his tears flowed down and said, ‘O abu Yusuf, you are ascribing me to a community of people. I am afraid of not being of them.’ The judge then admitted his testimony.”

Translation: Muhammad Sarwar — attributed by Thaqalayn·The Arabic above is the original.

9. A number of our people have narrated from Sahl ibn Ziyad from Muhammad ibn al-Hassan Shammun from ‘Abd Allah ibn ‘Abd al- Rahman from Misma‘ ibn ‘ Abd al-Malik who has narrated the following: “Abu ‘Abd Allah (a.s.), has said that ’Amir al-Mu’minin, Ali, Alayhi al-Salam, in the case of an atheist would issue a judgment. If two just and acceptable people testified against him and one thousand in his favor, he (the Imam) would accept the testimony of two people. He (the Imam) would reject the testimony of one thousand because it is a hidden religion.” (It is considered applicable when the testimonies are presented in different times.)

Translation: Muhammad Sarwar — attributed by Thaqalayn·The Arabic above is the original.

10. Muhammad ibn Yahya has narrated from Ahmad ibn Muhammad from al-Qasim ibn Yahya from his grandfather al-Hassan ibn Rashid from abu Basir who has said the following: “Abu ‘Abd Allah (a.s.), has stated this Hadith. ‘’Amir al-Mu’minin (a.s.), has said, ‘When one of you sits for food, he must sit like slaves and must not place one leg over the other or sit in a cross-legged manner; it is the kind of sitting for which Allah, most Majestic, most Glorious, hates and abhors one who sits in such manner.’”

Translation: Muhammad Sarwar — attributed by Thaqalayn·The Arabic above is the original.

10. Ali ibn Ibrahim has narrated from his father from al-Nawfaliy from al-Sakuniy who has narrated the following: “Abu ‘Abd Allah, Alayhi al-Salam, has said that ’Amir al-Mu’minin, Ali, Alayhi al-Salam, issued a judgment. It was in the case of a virgin woman who was accused of fornication. He (the Imam) commanded certain women to examine her. They reported about her to be a virgin. He (the Imam) issued a judgment that said, ‘I am not to penalize one on whom Allah, most Majestic, most Glorious, has placed a seal. 5 He (the Imam) accepted the testimony of women in such cases.”

Translation: Muhammad Sarwar — attributed by Thaqalayn·The Arabic above is the original.

9. Ali ibn Ibrahim has narrated from his father from ibn abu ‘Umayr from Hammad from al-Halabiy ibn abu Sha’bah who has said the following: “Ibn abu Ayyub informed me that abu ‘Abd Allah, ‘Alayhi al-Salam, would eat while sitting in a cross-legged manner. He (the narrator) has said that he saw abu ‘Abd Allah, ‘Alayhi al-Salam, ate while leaning. He has said, that he has said, ‘The Messenger of Allah never ate while leaning against something.’” [Note: This account appears to be the words of narrators and not the words of the Imam]

Translation: Muhammad Sarwar — attributed by Thaqalayn·The Arabic above is the original.

“Abu ‘Abd Allah (a.s.), has said that ’Amir al-Mu’minin, Ali, Alayhi al-Salam, in the case of an atheist would issue a judgment. If two just and acceptable people testified against him and one thousand in his favor, he (the Imam) would accept the testimony of two people. He (the Imam) would reject the testimony of one thousand because it is a hidden religion.” (It is considered applicable when the testimonies are presented in different times.)

Translation: Muhammad Sarwar — attributed by Thaqalayn·The Arabic above is the original.