Q&A (Fatwa)

#1123: On Whether Zakaatu Al-Fitr Is Obligatory On The Unborn

As salamu alaikum warahmatullahahi wabarakatu sheikh, how is the family? Pls, I want to know the ruling on a pregnant woman, if Zakatul fitr is compulsory on the woman and the unborn child?


Wa Alaykum Salam Warahmatullah Wabarakaatuh

Know, may Allah bless you and your family that the position favoured by the majority of the Fuqahaa is that there is no obligation of Zakaatu Al-Fitr on the unborn and they held that if the child were to be born before the sun sets on the last day of Ramadaan, then the Zakaatu Al-Fitr becomes obligatory. And if he were to be born after the sun has set then it is not Obligatory. This that we have said is the official position in the Hanbali Madh’hab as mentioned in Al-Mughni, the favoured position in the Shaafi’i Madh’hab as mentioned by An-Nawawi in the Majmuu’u, and one of the two positions espoused in the Maliki School. Their reason for this is that the Rasul salallahu alayhi wasallam tied the reason for the observance of the Zakaat on witnessing the Fitr as it is called the Zakaat of Fitr and as has come in the Hadith of Abdullah bn ‘Abbas radiyallahu anhuma as was recorded by the two Imams.

This is as regards obligation, otherwise, it is recommended and rewarding to still give the Zakaat on behalf of the unborn as it was the practice of Uthman bn Affaan radiyallahu anhu as was narrated by Abu Qulaabah from him.

In this regards, Ibn Al-Mundhir said in Al-Ijmaa’:

“And they are in agreement (The Fuqahaa) that Zakaat was not obligatory upon the unborn in the womb of its mother. And Ibn Hanbal differed, he held that it was prefered though not obligatory.”

Can’t you see that the scrupulous Imaam Ibn ‘Abdilbarr, in At-Tamhid considered it also a matter of consensus from Maalik and others among the Fuqahaa?

As for the Pregnant woman, then there is no doubt that Zakaatu Al-Fitr is obligatory upon her and this is regardless of whether she observed the fast or not. We have responded to a question on this matter before, kindly refer to that and may Allah grant serenity to my heart and yours.

Barakallahu Fikum
Jazakumullahu Khayran

Abū Asim

29th Ramadān, 1442AH.

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