Is Zakat al-Fitr obligatory only upon those whose wealth reaches the Nisab (minimum threshold)?
Chapter on Zakat al-Fitr
Al-Mughni
Book of Zakat
Primary text
Zakat al-Fitr is obligatory upon every capable person, and the Nisab is not considered a condition for its obligation. This view is held by Abu Hurairah, Abu al-'Aliyah, al-Sha'bi, 'Ata', Ibn Sirin, al-Zuhri, Malik, Ibn al-Mubarak, al-Shafi'i, and Abu Thawr. The evidence is the narration from Tha'labah ibn Abi Su'ayr from his father that the Prophet, peace be upon him, said: "Pay one Sa' of wheat or barley for every person, young or old, free or slave, rich or poor, male or female. As for your rich, Allah will purify them, and as for your poor, Allah will return to them more than what they gave." Another narration specifies one Sa' of barley or wheat for every two people. Furthermore, since this is a right upon wealth that does not increase with the increase of wealth, the Nisab is not required, similar to the expiation (Kaffarah).
Supporting text
The People of Opinion (Ahl al-Ra'y) held that it is only obligatory upon one who possesses two hundred dirhams, or wealth equivalent to the Nisab after deducting essential housing. Their evidence is the saying of the Messenger of Allah, peace be upon him: "There is no charity except from the surplus of wealth." They argue that a poor person has no surplus, so it is not obligatory upon him, and since charity is permissible for him, it is not obligatory, similar to one who is incapable. Our counter-argument is that the analogy they use is flawed because the helpless person cannot be compared to one who is obligated to give Zakat al-Mal (wealth tax). Their hadith is understood to pertain to Zakat al-Mal.