Ruling on burying nails, cutting them at night and saying Bismillaah over them

some ppl tell me that cutting nails at nighttime is not allowed, and also i'v been taught that we have to spit and say bismillah on the nail or hair 3 times before throwing it in the garbage,...so that shaytan will not be able to take it or use it...

Praise be to Allaah.

There is no basis for saying that cutting the nails at night is haraam; rather a person may cut his nails whenever he wants, at any time of day or night. 

Similarly, there is no basis for saying that one must say Bismillaah three times over nails or hair before throwing them away, otherwise the Shaytaan will use them. It is also not correct to say that they must be buried; a hadeeth was narrated concerning that which is da’eef jiddan (very weak). It is permissible to throw them in the garbage or down the drain, or to bury them. If a person fears that they may fall into the hands of those who practise sihr (witchcraft) then he should dispose of them in a place where they will not be able to get hold of them. And Allaah knows best.

What should he start with when clipping his nails?

What side of the body should one start when clipping the nails?.

Praise be to Allaah.

Clipping the nails is one of the Sunan al-Fitrah, as is indicated by the saheeh ahaadeeth, and it is mustahabb to start on the right, because it is proven in Saheeh al-Bukhaari (163) that ‘Aa’ishah (may Allaah be pleased with him) said: The Prophet (peace and blessings of Allaah be upon him) used to like to start on the right when putting on shoes, combing his hair, purifying himself and in all his affairs. 

Al-Nawawi (may Allaah have mercy on him) said in al-Majmoo’ (1/339): There is scholarly consensus that clipping the nails is Sunnah, and that applies equally to men and women, and to the hands and feet. It is mustahabb to start with the right hand, then the left, then the right foot then the left. End quote. 

And he (may Allaah have mercy on him) said in Sharh Saheeh Muslim (3/149): It is mustahabb to start with the hands before the feet, and to start with the forefinger of the right hand, then the middle finger, then the ring finger, then the pinkie finger, then the thumbs, then to move to the left hand and start with the pinkie finger then the ring finger, until all the fingers are done, then to move to the right foot and start with the smallest toe on the right foot and end with the smallest toe on the left foot. And Allaah knows best. End quote. 

The Hanbalis mentioned a different sequence of fingers when clipping the nails, but no saheeh report has been narrated from the Prophet (peace and blessings of Allaah be upon him) concerning this matter. 

Al-‘Iraaqi (may Allaah have mercy on him) said in Tarh al-Tathreeb (2/77): There is no proven hadeeth which may be followed with regard to how to clip the nails. End quote. 

Ibn Hajar said in Fath al-Baari (10/345): 

There is no proven hadeeth about the order of fingers when cutting the nails. … Ibn Daqeeq al-Eid rejected the order mentioned by al-Ghazaali and those who followed him, and he said: There is no basis for any of that, and to suggest that it is mustahabb when there is no evidence for that is abhorrent in my view. If anyone were to suggest that it is mustahabb to start with the right forefinger because of its honourable status, there is no basis for the rest of this sequence. Yes there is a basis for starting with the right hand and the right foot, which is “he liked to start on the right.” End quote. 

And Allaah knows best.

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Zakaat al-fitr on behalf of a wife who has been given a revocable divorce (first or second talaaq)

There is a woman whose husband has divorced her once. Does he have to pay zakaat al-fitr on her behalf?.

Praise be to Allaah.

Firstly: 

Zakaat al-fitr is required from a man on his own behalf and on behalf of those on whom he is obliged to spend, such as his wife, child and so on, because of the report narrated by al-Daaraqutni and al-Bayhaqi from Ibn ‘Umar (may Allaah be pleased with him), that the Prophet SAWS (peace and blessings of Allaah be upon him) said: “Pay zakaat al-fitr on behalf of those whom you support.” But this is a da’eef (weak) hadeeth, which was classed as such by al-Daaraqutni, al-Bayhaqi, al-Nawawi, Ibn Hajar and others. 

See: al-Majmoo’ (6/113) and Talkhees al-Habeer (2/771). 

The scholars of the Standing Committee for Issuing Fatwas said: Zakaah al-fitr must be paid on behalf of oneself and everyone on whom one is obliged to spend, including one's wife, because he is obliged to spend on her. End quote. 

Fataawa al-Lajnah al-Daa’imah li’l-Ifta (9/367). 

Secondly: 

If a woman has been given a revocable divorce, then she comes under the same rulings as a wife; she is entitled to the same maintenance and accommodation, so long as her ‘iddah has not yet ended. Payment of zakaat al-fitr is connected to spending; so long as the husband is obliged to spend on the wife who has been given a revocable divorce, then he also has to pay zakaat al-fitr on her behalf. 

Al-Nawawi said in al-Majmoo’ (6/74): Our companions said: He has to pay zakaat al-fitr on behalf of his revocably divorced wife just as he has to spend on her. End quote. 

Ibn Yoosuf al-Mawaaq, who is one of the Maalikis, said in al-Taaj wa’l-Ikleel (3/265): If he divorces a wife with whom he has consummated the marriage, giving her a revocable divorce, then he is obliged to spend on her and give zakaat al-fitr on her behalf. End quote. 

Some scholars are of the view that the husband does not have to give zakaat al-fitr on behalf of his wife, rather it a duty that she must fulfil herself. This is the view of Imam Abu Haneefah (may Allaah have mercy on him) and was favoured by Shaykh Ibn ‘Uthaymeen. See the answer to question no. 99353. 

The husband should do that which is on the safe side and discharge his duty by paying zakaat al-fitr on behalf of the wife to whom he has given a revocable divorce, especially as zakaat al-fitr is a small amount and it is not usually difficult for the husband to pay it. 

And Allaah knows best.

Should we pay zakaah on valuable things found in an animal’s stomach?

If something valuable is found in an animal’s stomach, should we pay zakaah on it if there is no intention of selling it?

Praise be to Allaah. 

We put this question to Shaykh Muhammad ibn Saalih al-‘Uthaymeen, may Allaah preserve him, who answered as follows:

 If it is not gold or silver, there is no zakaah to be paid on it. And Allaah knows best. 

Zakaah on an employee’s salary

I am an employee with a monthly salary of 2000 Saudi riyals. My family are all dependent on me and I pay all their expenses from my salary. I have a wife, daughter, father and brothers and sisters on whom I spend. 
But my question is, how can I pay the zakaah on my wealth when my only source of income is this salary, and all of my salary is spent on my family? So when should I pay may zakaah? Some people say that a salary is like agricultural crops, and one should not wait until one full year has passed before paying it. So when does zakaah become obligatory upon my salary?

Praise be to Allaah.

If a person has a monthly salary and he spends all of it and has nothing left, so that at the end of the month he has spent all his money, then he does not have to pay zakaah, because for zakaah to be obligatory, one full year must have passed (i.e., one full year from the date of his taking possession of the nisaab, the minimum amount of wealth on which zakaah is due). On this basis, you do not have to pay zakaah, unless you save some of your wealth and that amount reaches the nisaab (threshold or minimum amount), and one year has passed. 

With regard to the person who told you that the zakaah on a salary is like the zakaah on agricultural crops and you do not have to wait until one full year has passed before paying it, what he said is not correct. 

As most people work for a salary, we think that it is a good idea to describe how zakaah is to be paid on salaries.

 Zakaah on the salary of an employee: 

The employee with a salary will find himself in one of the following two situations:

1 – Either he spends all of it and does not save anything, in which case he is not obliged to pay zakaah, as in the case of the person who asked this question;

 2 – Or he will save some of it, sometimes more and sometimes less. So how is zakaah to be reckoned in this case?

 The answer is: if he insists on having all his rights and on not giving any charity to those who deserve it apart from what he is obliged to give, then he should make a schedule of his earnings and write down every amount and the date on which he took possession of it. Then he should pay zakaah for each amount separately when one year has passed from the date on which he took possession of it.

 But if he wants an easier method, and wants to be more generous and give precedence to the poor and others who are entitled to zakaah over himself, then he can pay zakaah on all the money he possesses when one year has passed from the date when his wealth first reached the nisaab. This will bring a greater reward and raise him higher in status; it is easier for him and is more generous towards the poor and needy and others who are entitled to zakaah. Whatever extra amount he may pay will be regarded as a “down payment” on the zakaah for any wealth for which one year has not yet passed.

 (From Fataawa al-Lajnah al-Daa’imah, 9/280).

 For example: a man takes his salary for Muharram, and saves one thousand riyals of it. Then he does likewise in Safar and the remaining months. When Muharram comes in the following year, he looks at all that he has and pays zakaah based on that.

 And Allaah knows best.

Zakaat on fresh fish

He goes fishing every three days and sells it straight away. Does he have to pay zakaah on that?

Praise be to Allaah. 

I asked my shaykh, Shaykh ‘Abd al-‘Azeez ibn Baaz (may Allaah have mercy on him) about this, and he answered:

  No, this (i.e., fish) is not merchandise. It is like the case if he were to go fishing every day and eat what he caught. But if he puts it in the freezer and then sells it, in this case, if a whole year passes, then he has to pay zakaah. And Allaah knows best.

Co-operative organizations

A co-operative business organization is set up in such a way that it is obliged according to its constitution to give ten percent of its net profits to charitable causes. Does it have to pay zakaat on its profits?

Praise be to Allaah.

This co-operative business organization is governed by the same rules as other business organizations: it must pay zakaat on its wealth. What you have mentioned about it being set up in such a way that it has to give ten percent of its net profits to charitable causes does not mean that it is exempt from having to pay zakaat. The ten percent referred to in the question is like voluntary charity (sadaqah), and sadaqah does not replace zakaat, because zakaat is an obligatory act of worship which must be carried out with the appropriate intention (niyyah). This amount of ten percent is not being paid as zakaat; it is being given as a voluntary act of charity. So this co-operative organization has to pay zakaat. And Allaah knows best.