Which Place Will Be Considered For Calculating The Value Of Sadaqah Al-Fitr?

Darulifta Ahlesunnat

(Dawateislami)

Question

   What do the honourable scholars of Islam say regarding the following matter:

Who will be considered when offering ṣadaqah al-Fiṭr; will it be the person for whom it is necessary to offer it, or will it be someone other than him? For example, a Pakistani is temporarily residing in the UK and his wife and children are in Pakistan. He appoints someone as a representative (wakīl) in Pakistan to pay ṣadaqah al-Fiṭr on behalf of him, his wife and his children. All the children live under him, some of whom have reached puberty, and some have not. His children who have reached puberty and his wife are ṣāḥib-e-nisāb, but his non-pubescent children are not.  In this scenario, will the ṣadaqah al-Fiṭr be calculated based on its value in the UK or in Pakistan?

   Furthermore, if he chooses to offer it himself in the UK, which place will the ṣadaqah al-Fitr be calculated according to?

بِسْمِ اللہِ الرَّحْمٰنِ الرَّحِیْمِ

اَلْجَوَابُ بِعَوْنِ الْمَلِکِ الْوَھَّابِ اَللّٰھُمَّ ھِدَایَۃَ الْحَقِّ وَالصَّوَابِ

   In paying ṣadaqah al-Fiṭr, the person who must pay it is considered. In the given scenario, the Pakistani temporarily living in the UK must pay ṣadaqah al-Fiṭr on his own behalf and on behalf of his non-pubescent children based on its value in the UK. The ṣadaqah al-Fiṭr of his children (who have reached puberty) and his wife who reside in Pakistan will be calculated according to its value in Pakistan. This is regardless of whether he pays it himself or appoints a representative in a different country to pay it on his behalf.

   The reason for this is that the ṣadaqah al-Fiṭr on behalf of his non-pubescent children who do not own the nisāb is upon him. Therefore, in relation to him and his non-pubescent children, its UK value will be considered. The ṣadaqah al-Fiṭr of his sane children who have reached puberty and his wife is necessary upon them themselves. This is regardless of the fact that ṣadaqah al-Fiṭr will be considered valid on behalf of his wife and the children under his care even if it is given without their consent, because permission to do so is usually given on their part. If they are in Pakistan, the value of ṣadaqat al-Fiṭr will be based on its value in Pakistan.

   It is mentioned in al-Hidāyah:

وحيلة المصري إذا أراد التعجيل أن يبعث بها إلى خارج المصر فيضحي بها كما طلع الفجر، لأنها تشبه الزكاة من حيث أنها تسقط بهلاك المال قبل مضي أيام النحر كالزكاة بهلاك النصاب فيعتبر في الصرف مكان المحل لا مكان الفاعل اعتبارا بها، بخلاف صدقة الفطر لأنها لا تسقط بهلاك المال بعدما طلع الفجر من يوم الفطر

   In elaboration of this, it is stated in al-Bināyah Sharḥ al-Hidāyah:

(بخلاف صدقة الفطر)حيث يعتبر فيها مكان الفاعل وهو المؤدي(لأنها لا تسقط بهلاك المال بعدما طلع الفجر من يوم الفطر)فحينئذ يعتبر مكان صاحب الذمة وهو المؤدي

   It is mentioned in al-Fatāwā al-Hindiyyah:

وفي صدقة الفطر يعتبر مكانه لا مكان أولاده الصغار وعبيده في الصحيح كذا في التبيين. وعليه الفتوى كذا في المضمرات

   It is stated in al-Durr al-Mukhtār:

عن نفسہ۔۔وطفلہ الفقیر۔۔۔۔لاعن زوجتہ وولدہ الکبیر العاقل و لو ادی عنھما بلا اذن اجزا استحسانا للاذن عادۃ ای لو فی عیالہ والا فلا

In Bahār-e-SharīꜤat, it is stated:

“It is wājib upon a man who is the owner of nisāb to give it [ṣadaqah al-Fiṭr] for himself, and on behalf of his non-pubescent children if they are not owners of nisāb.”

It is also mentioned in Bahār-e-SharīꜤat:

“The ṣadaqah al-Fiṭr of one’s wife and sane children who have reached puberty is not upon the man, even if they are disabled and their maintenance is upon him.”

It is further stated in Bahār-e-SharīꜤat:

   "The ṣadaqah al-Fiṭr of one’s wife or children who have reached puberty will be valid if the man pays it himself without their permission on the condition that his children are living under him, i.e. if their maintenance etc. are his responsibility.”

   A question posed in Fatāwā Fayḍ al-Rasūl states:

   "Zayd is in Bombay and his children are in his home town. Will he pay ṣadaqah al-Fiṭr on their behalf according to the value of wheat in Bombay or his hometown? As for jewellery which he owns, it is in his hometown; for purposes of zakat, will he value it according to Bombay or his hometown?”

   In reply to this, it is stated:

"If the children and jewellery are in his home town, ṣadaqah al-Fiṭr must be paid according to the wheat value in Bombay, and the jewellery must be valued according to his hometown: لانہ یعتبرفی صدقۃ الفطرمکان المودی وفی الزکوۃ مکان المال،ھکذاقال صاحب الھدایۃ فی کتاب الاضحیۃ

وَاللہُ اَعْلَمُ عَزَّوَجَلَّ وَرَسُوْلُہ اَعْلَم صَلَّی اللّٰہُ تَعَالٰی عَلَیْہِ وَاٰلِہٖ وَسَلَّم

Answered By: Muhammad ꜤIrfān Madanī Attārī

Verified by: Mufti Hāshim Khān Attari

Ref No: lar-8719

Date: 15 Shaʿbān 1439/2nd May, 2018