Who is obliged to pay Zakaat al-Fitr?

Zakaat al-fitr is obligatory on Muslims. Ibn ‘Umar (may Allah be pleased with him) said: “The Messenger of Allah (peace and blessings of Allah be upon him) made zakaat al-fitr, one saa’ of dates or one saa’ of barley, obligatory on the Muslims, slave and free, male and female, young and old.” (Reported by Al-Bukhaari, 1407)

1.  Al-Shaafa'i (may Allah have mercy on him) said: “The hadeeth of Naafi’ indicates that the Messenger of Allah (peace and blessings of Allah be upon him) made it obligatory only on the Muslims, which is in accordance with the Book of Allah, may He be glorified, because He has made zakaat as a purification for the Muslims, and purification can only be for the Muslims.” (Al-Umm, part2, Baab Zakaat al-Fitr)

2.  It is obligatory on those who are able to pay it. Al-Shaafa'i said: “Everyone who, at the beginning of Shawwaal, has enough food for himself and those whom he is supporting, for that day, and has enough to give zakaat al-fitr on behalf of them and himself, should give it on behalf of them and himself. If he only has enough to give on behalf of some of them, then he should give on behalf of some of them. If he only has enough for himself and those whom he is supporting, then he is not obliged to give zakaat al-fitr on his own behalf or on behalf of those whom he is supporting.” (Al-Umm, part 2, Baab Zakaat al-Fitr)

3.  Al-Nawawi (may Allah have mercy on him) said: “The one who is in financial difficulty is not obliged to give [zakaat al- fitr]; there is no difference among the scholars in this regard… The obligation is determined by whether or not a person can afford it. Whoever has one saa’ more than he needs for himself and those whom he is obliged to support on the night and day of Eid, has enough [is not in financial difficulty]. Whoever does not have anything more than he needs is in financial difficulty, so he is not obliged to pay anything in this case. (Al-Majmoo’, part 6, Shuroot Wujoob Sadaqat al-Fitr)

4.  The Muslim should give on his own behalf and on behalf of those on whom he spends, such as wives and relatives, if they cannot give it on their own behalf. If they are able to, it is better for them to give it themselves, because the command is addressed to them in the first place.

Ibn ‘Umar (may Allah be pleased with him) said: “The Messenger of Allah  (peace and blessings of Allah be upon him) made zakaat al-fitr, one saa’ of dates or one saa’ of barley, obligatory on the Muslims, slave and free, male and female, young and old, and commanded that it should be given before the people went out to pray.” (Reported by Al-Bukhaari, 1407)

Al-Shaafa'i  (may  Allah  have  mercy  on  him)  said:  “The guardian of the insane and the minor should give zakaat al-fitr on their behalf and on behalf of those for whom they [the insane and minor] may be responsible, just as the sane person should give on his own behalf… If there is a kaafir among those whom he is supporting, he does not have to give zakaat al-fitr on his behalf, because he cannot be purified by zakaah.” (Al-Umm, part 2, Baab Zakaat al-Fitr)

The author of al-Muhadhdhab said: “Al-Musannif (may Allah have mercy on him) said: ‘If someone has to pay zakaat al-fitr on  his  own  behalf  and  on  behalf  of  those  whom  he  is supporting, if they are Muslim and if has more than he needs to spend on them that he can give, then the mother and father, and grandparents  and  great-grandparents,  etc.,  may  have  to  pay zakaat al-fitr on behalf of their children and grandchildren and great-grandchildren,  etc.,  and  the  children  may  have  to  pay zakaat al-fitr on behalf of their parents and grandparents and great-grandparents, etc., – if they are obliged to spend on their maintenance. (Al-Majma’, part 6)

A man has to pay on behalf of himself and his wife – even if she has money of her own – and his children and parents if they are poor, and his daughter if she is married but the marriage has not yet been consummated. If his son is rich, he does not have to give zakaat al-fitr on his behalf. A husband has to give zakaat al-fitr on behalf of a divorced wife whose divorce (talaaq) is not yet final (i.e., she is still in the ‘iddah of a first or second talaaq), but not in the case of a rebellious wife or one whose divorce is final. A son does not have to give zakaat al-fitr on behalf of a poor father’s wife because he is not obliged to spend on her.

[When giving zakaat al-fitr], one should start with the closest people first, so he gives it on behalf of himself, then his wife, then his children, then the rest of his relatives in order of closeness, following the pattern laid out in the rules governing inheritance.

Al-Shaafa'i, may Allah have mercy on him, said: “Who I say is obliged to give zakaat al-fitr, if a child is born to him, or he takes possession of a slave, or someone becomes one of his dependents, at any time during the last day of Ramadaan, then the suns sets on the night of the crescent of Shawwaal, he has to give zakaat al-fitr on that person’s behalf.” (Al-Umm, Baab Zakaat al-Fitr al-Thaani)

It is not obligatory to give zakaat al-fitr on behalf of a foetus that is still in the mother’s womb, but if this is done voluntarily, there is nothing wrong with it.

If someone who is obliged to give zakaat al-fitr dies before giving it, it must be given from his estate… even if the person who was supporting him also dies, the obligation still stands. (Al -Mughni, part 2)

If a servant has set wages that are paid to him daily or monthly, the employer does not have to give zakaat al-fitr on his behalf, because he is a hired worker, and one is not obliged to spend on a hired worker. (al-Mawsoo’ah, 23/339)

Concerning giving zakaat al-fitr on behalf of an orphan, Imaam Maalik (may Allah have mercy on him) said:  “The guardian should  give  zakaat  al-fitr  on  behalf  of  the  orphans  some  of whose wealth is under his control, even if they are minors.” (Al - Mudawwanah, part 1)