At-Tawbah 9:104

The imperative: خُذْ مِنْ أَمْوَالِهِمْ صَدَقَةً : "Take out of their wealth a Sadaqah (obligatory alms) " in the second verse (103) has its background. Some people, as mentioned a little earlier, had stayed back from the battle of Tabuk without a valid excuse. Then, out of remorse, they had tied themselves to the pillars of the Mosque. Then came the acceptance of their repentance as revealed in the previous verse (102) and. they were released from their self-imprisonment. When this happened, they presented their entire wealth as a token of their gratitude so that it could be given out as Sadaqah. The Holy Prophet ﷺ refused to accept it by saying that he did not have the authority to take it. There-upon, this verse (103): خُذْ مِنْ أَمْوَالِهِمْ صَدَقَةً. (Take out of their wealth a Sadaqah) was revealed and he accepted to take one third of it as Sadaqah. He did not take the entire wealth, rather, took a part of it - as indicated in the verse. The preposition, مِن (min: out of) proves it.

Collection and disbursement of Zakah is the responsibility of an Islamic State

Though, according to the background of the revelation, the collection of Sadaqah was to be made from a particular group of people but, the words being general, they have universal application.

This is the view preferred in Tafsir al-Qurtubi, Ahkam al-Qur'an by al-Jassas, Tafsir Mazhari and others. Al-Qurtubi and Al-Jassas has gone on to further explain it. According to them, even if the same particular event is taken to be the cause of the revelation in this verse, still then, in terms of the Qur'anic principle, this injunction shall re-main general - and shall remain binding on Muslims right through the day of Qiyamah. The reason is that most of the injunctions of the Holy Qur'an were revealed in the background of one or the other particular event, but nobody has ever held that their application remains restricted to that particular event. In fact, unless there is a certain proof of its particularization, that injunction is invariably regarded as universally applicable to all Muslims.

On the basis of the same principle, the entire Muslim ummah agrees that, though the address in this verse is to the Holy Prophet ﷺ ، yet this injunction is neither restricted to him, nor to his period of time. Instead of that, every such person who will succeed the Holy Prophet ﷺ as the Amir of Muslims shall be the addressee of this injunction, and the assignee to carry it out. It will be one of his duties that he administers the collection of Zakah and Sadaqat paid by Muslims and ensures that these are disbursed on authorized heads.

Even in the event of Jihad declared against those who refused to pay Zakah during the initial stage of the Caliphate of Sayyidna Abu Bakr there were some non-payers of Zakah who had openly rebelled against Islam and had turned apostates. Then, there were some others who called themselves Muslims and did not refuse that Zakah was a religious obligation, but the excuse they made for not paying Zakah was that the authority given to the Holy Prophet 4 to collect Zakah from them was valid during the life of the Holy Prophet ﷺ only, and they kept paying Zakah that time. Now, after he has passed away, they questioned, what right did Abu Bakr have to demand Zakah and Sadaqat from them? In the beginning, Sayyidna ` Umar ؓ hesitated about waging Jihad against them for the reason that they were after all Muslims who wanted to avoid paying Zakah under the cover of a verse of the Qur'an - therefore, they should not be treated in the manner usual apostates are treated. But, Sayyidna Abu Bakr ؓ had reached an irrevocable decision. He said, ` we shall wage Jihad against anyone who will differentiate between Salah and Zakah.'

This gave a clear hint. Today people say that the injunction of Zakah is particular to the Holy Prophet ﷺ and that it stands dropped after his demise. Tomorrow they may say that Salah too was particular to the Holy Prophet ﷺ - because, a verse of the Qur'an reads: أَقِمِ الصَّلَاةَ لِدُلُوكِ الشَّمْسِ (Establish prayer at the decline of the sun - 17:78) where the Holy Prophets is the addressee. But, the injunction of the verse of prayer is universal. It applies to the entire Muslim ummah. So, this verse cannot save those who wrongly interpret it as being particular to the Holy Prophet ﷺ from becoming kafirs. Similarly, this interpretation in the verse: خُذْ مِنْ أَمْوَالِهِمْ (Take out of their wealth a Sadaqah) will not save them from kufr and apostasy. Thereupon, Sayyidna 'Umar خُذْ مِنْ أَمْوَالِهِمْ was also satisfied and it was with the consensus of the Sahabah that Jihad was launched against them.

Zakah is ` Ibadah, not a government tax

In the statement: خُذْ مِنْ أَمْوَالِهِمْ (Take out of their wealth) appearing soon after: صَدَقَةً تُطَهِّرُ‌هُمْ وَتُزَكِّيهِم بِهَا (a Sadaqah [ obligatory alms ] through which you may cleanse and purify them) in verse 103 of the Holy Qur'an, there is a clear hint that Zakah and Sadaqat are not like taxes that governments collect to run the system. The truth of the matter is that their purpose is to cleanse the men of wealth themselves from sins.

At this point, it should be noted that the collection of Zakah and Sadaqat yields two benefits. The first benefit is received by the owner of the wealth himself through which he comes out clean from sins and from the germs of moral diseases that are generated by the greed for wealth. As for the other benefit, it provides support for the weaker components of the society, people who are incapable of finding what they need to eke out an existence. Orphaned children, widows, crippled and handicapped men and women, common people who are poor and needy are obvious examples.

But, at this place, the Holy Qur'an has told us about the first benefit only. Thus, by confining itself in that manner, it has also given the indication that the first benefit is what happens to be the real objective of Zakah and Sadaqat. The second benefit comes as a corollary. Therefore, in the event there is no orphan, widow, or a poor or needy person present at any place or time, still then, the injunction of Zakah as applicable to the wealthy will not stand dropped.

What has been stated here has its support in the practice of past communities. When some part of wealth or property was set aside for Allah, its use became impermissible for everyone. Rather, according to the custom, this offering was put at some detached place where came a lightning from the heavens and burnt it up. This was a sign that Allah Ta` ala has accepted the Sadaqah. When this heavenly fire did not come, it was supposed to be a sign of the Sadaqah remaining unacceptable. Nobody would then touch this ill-omened property.

This makes it clear that the legal enforcement of Zakah and Sadaqat is not exclusively designed to alleviate the suffering of needy people. In fact, it is a financial obligation and an act of ` Ibadah - very similar to praying and fasting that are acts of physical ` Ibadah. This is one of the distinctions of the blessed community of Muslims that their poor and needy have been allowed to use wealth set aside in the way of Allah. A Sahih Hadith from Muslim reports its confirmation from the Holy Prophet ؓ

A question and its answer

A question arises here - when the repentance of these gentlemen was accepted following the event mentioned above, it stands established that sins were forgiven and purification was accomplished through the very act of repentance. What then, would be the sense of declaring that a portion from their wealth was being taken to purify them?

The answer is that the sin has, no doubt, been forgiven by virtue of the repentance, but it is quite possible that it may have left behind some residual effects following the forgiveness of sin which could be-come the cause of falling into sin. Sadaqah removes such residual effects and makes purification perfect.

The word: صلوۃ (salah) used in the expression: وَصَلِّ عَلَيْهِمْ (and pray for them - 103) means praying for Allah's mercy. This corresponds to what has been reported from the Holy Prophet ﷺ۔ that he prayed for some people by using this very word: salah, for example: اَللَّھُمَّ صَلِّ عَلٰی اٰلِ اَبِی اَوفٰی (0 Allah, bless the family of Abu Awfa) as is reported in a Hadith. But, later on the use of the word: salah became special to prophets, may peace be upon them. Therefore, Muslim jurists say that now, one should not pray for anyone using the word: salah. Instead, the use of this word should be limited to prophets to avoid any ambiguousness or doubt1. (Bayan a1-Qur'an etc.)

1. However, it is permissible to use this word for others in conjunction with a prophet. It is therefore allowed to say, اللَّھُمَّ صَلِّ عَلی مُحَمَّد وَّ عَلٰی آلہِ وَ اَصحابِہِ (Muhammad Taqi Usmani)

Here we see that the Holy Prophet ﷺ has been asked to pray for those who give Sadaqah. On this basis, some Muslim jurists rule that it is wajib (obligatory, necessary) for the Muslim head of the state (Imam, 'Amir) to pray for those who give Sadaqah. However, there are others who take this command to be of a recommendatory nature (mustahabb: recommended). (Qurtubi)