Delaying Zakat Al-Fitr out of forgetfulness Fatwa No: 113433
- Fatwa Date:27-8-2009
A father asked his children in Egypt to give Zakaat Al-Fitr (Post Ramadhaan obligatory charity) on his and his wife’s behalf as they were in Makkah performing ‘Umrah. The children gave it on the night of ‘Eed in Egypt. In Saudi Arabia, however, this corresponded to the second night of ‘Eed. They forgetfully did this. Is this Zakaah valid? May Allaah reward you.
All perfect praise be to Allaah, the Lord of the Worlds. I testify that there is none worthy of worship except Allaah, and that Muhammad, sallallaahu ‘alayhi wa sallam, is His Slave and Messenger.
This father, who witnessed ‘Eed Al-Fitr in Saudi Arabia, should have given Zakat Al-Fitr where he was as according to the scholars, Zakat Al-Fitr should be given where one is. Since he did not do so and instead authorized his children to give it on his behalf, they should have hastened to give it on behalf of their father before he performed his ‘Eed prayer. This is supported by the Hadeeth that was narrated on the authority of Ibn ‘Abbaas where he said, "The one who gives it (Zakat Al-Fitr) before the (‘Eed) prayer, it will be an accepted Zakah; and the one who gives it after the (‘Eed) prayer, it will be (merely) deemed an ordinary charity." [Abu Daawood]
Many scholars are of the view that it is permissible to give Zakat Al-Fitr on the day of ‘Eed, even after the prayer. Ibn Raslaan reported a scholarly consensus that it is prohibited to delay it after the (first) day of ‘Eed. However, the authenticity of this consensus is weak. In fact, some of the righteous predecessors were of the view that it is permissible to delay Zakat Al-Fitr after the (first) day of ‘Eed. Nevertheless, the majority of scholars, including the four Imaams, are of the view that it is prohibited to delay it after the (first) day of ‘Eed.
Therefore, what these children did is absolutely forbidden if they did it deliberately. However, if they did it out of forgetfulness, as indicated in the question, they would not be blameworthy because one is not held guilty for what he does out of forgetfulness. Allaah Says (what means): {Our Lord, do not impose blame upon us if we have forgotten or erred.}[Quran 2: 286] It was narrated that in response to this supplication, Allaah The Almighty Said: "I will not." [Muslim]
Zakat Al-Fitr must be given to the poor because it is their right that is not waived by the passing of time. Therefore, the children were not blameworthy for paying it on the night of ‘Eed in Egypt.
And Allaah Knows best.