What is the ruling on an advance Zakat payment if the payer's condition changes before the due date (*hawl*)?
Chapter on Zakat on Sheep
Al-Mughni
Book of Zakat
Primary text
If the owner's condition changes before the *hawl*—through death, apostasy, destruction of the *nisab*, its decrease, or its sale—Abu Bakr states that the payer cannot reclaim the payment from the poor person, whether the payer informed them it was advance Zakat or not. The view held by the Qadi, which is the established doctrine (*madhhab*), is that it cannot be reclaimed because it reached the poor person, preventing retraction, similar to when the payer did not inform them. It is a valid Zakat paid to its recipient, and thus cannot be reclaimed, mirroring the case where only the recipient's condition changes. Ibn Hamid stated that if the collector (*sa'i*) paid it, it can be reclaimed in all circumstances. If the owner paid it and informed the recipient it was advance Zakat, it can be reclaimed; if the payment was made without specifying it was advance Zakat, it cannot be reclaimed.
Supporting text
The view of Al-Shafi'i holds that it must be returned because the money was given for something the recipient was due to receive in the second instance, and if something occurs preventing that entitlement, it must be returned, similar to rent paid for a house that is demolished before occupancy. If the payer did not specify it was advance Zakat, it is subject to interpretation as voluntary charity or a gift, thus preventing a claim for return. If the object remains unchanged, it is taken back. If it increased with an inseparable addition, it is taken back with the addition. If the addition is separable, it is taken back without it. If the object decreased, the payer claims the difference from the poor person. If the object was destroyed, the payer takes its value on the day of receipt.