Zaka ya deni
Swali:
ﺑﺴﻢ ﷲ ﺍﻟﺮﺣﻤﻦ ﺍﻟﺮﺣﻴﻢ
Assalamu Alaikum wa Rahmatullahi wa Barakatuh,
Mimi ni mfanyakazi katika moja ya Vyuo Vikuu vya Palestina na maranyingi ninafanya kazi mpaka muda wa ziada (overtime) na kawaida huwa hatulipwi malipo ya muda waziada kwa wakati bali chuo hutuwekea kama deni kwa kulilimbikiza, na huenda deni la mmoja wetu lika zidi kiwango cha Nisab (baada ya kupitikiwa na mwaka). Hili deni lina uhakika wakulipwa ila tu muda wakulipwa ndio haujulikani. Kwamfano, kwa miaka mine sasa sijawahi kulipwa malipo hayo ya muda wa ziada, na wala sifahamu kwamba nilini nitalipwa. Je, kwa pesa hizi ninazo dai kuna kulipia zaka?. Na iwapo kuna Zakat, je, inalipwa kwa maramoja nitakapo lipwa au nikwa kila mwaka?. Fahamu kwamba wengi wa sisi wahadhiri jambo hili lina tuchanganya sana hivyo tunatafuta kujua hukmu sahihi. Mwenyezi Mungu akulipe.
Jibu:
Wa Alaikum Assalam wa Rahmatullahi wa Barakatuh,
Nimefahamu kutoka katika swali lako kwamba malipo hayo ya overtime (muda wa ziada) ni makubaliano ya kmkataba na Chuo Kikuu, kwamba kwa kazi hii unastahili malipo maalum pindi unapo maliza kazi hizo, na iwapo hawakukulipa kwa wakati malipo hayo hubakia kuwa ni deni kwao… wala sio bakhshishi (bonus) au nyongeza kwa kujitolea kufanya kazi za ziada ambapo ingewapasa kukulipa kiasi wanachotaka pindi watakapo taka, yaani ima kingi au kichache, au hata wasikupe chochote… iwapo ufahamu wangu ni sahihi wa hayo maelezo yako, basi jawabu la swali lako lipo wazi katika kitabu Mali katika Dola ya Khilafah (Al-Amwal fi Dawlat Al-Khilafah) kwa maelezo haya:
(… Ikiwa mtu ana anadeni (anadai) kwa mtu tajiri ambaye anaweza kumlipa muda wowote, ni wajibu kwake kulipa Zakat ya lile deni linapo pitikiwa na mwaka. Amesimulia Ibn Ubaid ra kutoka kwa Umar ibn Al-Khatwab ra kwamba “Inapofika saqah kuwa wajibu, hesabu madeni yako na ulicho nacho kuwa ni kitu kimoja (kwa pamoja) kisha tolea Zakat”. Uthman Ibn Affan amesema: “Sadaqah ni wajibu kwa deni ambalo unaweza kulipata kutoka kwa mdaiwa unapohitaji, na deni ambalo lipo kwa mtu anaye chelewesha kulilipa na wewe unaliacha kwa kuona haya au kama zawadi (favour) ; ni Sadaqah”. Amesimulia Abu Ubeid, ambaye pia amepokea kutoka kwa Ibn ‘Umar amesema: “Katika kila madeni yako ambayo unataraji utalipwa niwajibu kuyatolea Zakat pindi yakizungukiwa na mwaka.”
Aidha iwapo deni lipo kwa mtu masikini ambaye yupo katika mazingira magumu, au kwa tajiri anaye lizuia (kulipa deni hilo), basi sio wajibu kwa mdai kulipa Zakat mpaka atakapo lipwa (denilake). Na baada ya kulipwa atatoa chote kilicho wajibika kutolewa kwa miaka yote. Ila kuhusu deni lenye mashaka, mfano mdai hana uhakika kwamba atalipwa aua laa, Ali ra anasema: “Ikiwa ni muungwana basi alipe Zakat mara tu atakapo lipwa deni lake kwa hicho kipindi.” Imesimuliwa na Abu Ubeid, ambaye pia amesimulia kutoka kwa Ibn Abbas amesema kuhusu madeni kwamba: “Iwapo huna uhakika wa kulipwa (denilako), usililipie Zakat yake mpaka pale utakapo lipwa. Pindi utakapo lipwa lipa kile kinacho liwajibikia (hilo deni).” Mwisho wa yaliyo elezwa katika kitabu cha Mali katika Dola ya Khilafah (Al-Amwual fi Dawlat Al-Khilafah)
Hivyohivyo, malipo yako ambayo yanashikiliwa na Chuo kikuu kama denilako kwao, Zakat kwa malipo haya sio lazima kufanyika sasa hivi, lakini ni wajibu kulipwa Zakat mara tu utakapo pokea malipo yako kutoka kwa Chuo Kikuu kwa sababu hufahamu ni lini utalipwa.
Hii nikwamba deni lako huwezi kulihitaji kutoka kwa Chuo Kikuu na kulipata kwa muda unaohitaji. Kwahali hii basi, Zakat kwa pesa hizi inakuwa ni wajib kwako mara tu utakapo zipata na kwa wakati huo, kisha utazitolea Zakat kwa miaka iliyopita kuanzia pale ambapo fedha zako zilifikia Nisab na kisha kupitiwa na mwaka. Kwahiyo ni wajibu kulipa Zakat kwa miaka yote baada ya mwaka kupita kwamali/pesa ambayo imefikia kiwango cha Nisab, nawala sio kuilipia Zakat yake kwa mwaka mmoja , ila nikwa miaka yota baada ya Nisab kutimia na kupitiwa na mwaka……
Nina Muomba Allah SW Akujaalie Baraka katika fedha zako, familia na watoto wako.
Ndugu yenu,
Ata Bin Khalil Abu Al-Rashtah
Imewekwa katika Kiswahili
Na: Hamza Sheshe
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