What is the ruling on paying zakat al-Fitr for a fetus? A man knows that Islamic law requires every Muslim, young or old, to pay zakat al-Fitr. His wife is in the final months of pregnancy. He asks: Is zakat al-Fitr obligatory for this fetus while still in its mother’s womb?

Zakat al-Fitr is a prescribed amount of wealth that is due on behalf of every Muslim—young or old, male or female—before the sun sets on the last day of Ramadan; it may also be paid from the beginning of Ramadan. One should pay it on one’s own behalf and on behalf of those whom one is obligated to support, provided one has its value in surplus of what suffices for one’s own maintenance and that of one’s dependents at the time it becomes due. The basis for the obligation is established in the Sunnah of the Prophet (peace and blessings be upon him). ‘Abdullah ibn ‘Umar (may Allah be pleased with them both) said, “The Messenger of Allah (peace and blessings be upon him and his family) made zakat al-Fitr obligatory in the amount of one sa‘ of dates or one sa‘ of barley, upon every free person and slave, male and female”
(Bukhari and Muslim).[1]

In another narration recorded by Bukhari, the Prophet (peace and blessings be upon him) prescribed its obligation upon Muslims— slaves and free persons, males and females, young and old. However, jurists have excluded the fetus in its mother’s womb from this general obligation, provided it is not born before sunset of the last day of Ramadan. This is because a fetus in its mother’s womb does not fall under the designation of a ‘child,’ neither in linguistic usage nor in customary practice. This is the opinion of the majority of scholars from the Hanafi, Maliki, Shafi‘i, and Hanbali schools of jurisprudence.[2] Some scholars, particularly within the Hanbali school, consider it recommended to pay it on behalf of a fetus.[3]

 

The ruling

Zakat al-Fitr is obligatory upon every Muslim—young or old, male or female. It is paid on one’s own behalf or on behalf of one’s dependents. According to the majority of scholars, zakat is not obligatory on behalf of an unborn fetus. Therefore, the inquirer is not required to pay zakat al-Fitr for his fetus. However, there is no harm in doing so in Islamic law if he chooses, as it is voluntary charity and benevolence rather than an obligation.

And Allah Almighty knows best.