There are eight categories of the beneficiaries of zakah which
Allah specifies in the Qur'an: "The alms are only for the
poor and the needy, for those who collect them, for those
whose hearts are to be reconciled, for the freedom of those
who are captives and in debt, for the cause of Allah, and for
the wayfarers; [it is] a duty imposed by Allah. Allah is the
Knower, the Wise" [at-Taubah 60]. Ziyad ibn alHarith as-Suda'i
reported: "I came to the Messenger of Allah, upon whom be
peace, and pledged allegience to him. Then a man came and said
to the Messenger: 'Give me some of the collected sadaqah.' The
Messenger replied: 'Allah did not leave the matter of sadaqat
to be decided by a prophet nor to others ... He Himself
classified it into eight categories. If you fit into any of
these categories, I will give you your due.' " It was
narrated by Abu Dawud although in its chain of transmission
there is 'Abdurrahman al-'Afriqi, who is of questionable
merits.
The following is an elaboration upon the preceding eight
categories:
-1- The Poor (al-Fuqara').
-2- The Needy (al-Masakin): The needy, along with the poor
mentioned above, are those who do not even have basic needs
fulfilled. This categroy parallels the category of the rich
who have all they need. As mentioned elsewhere, a person is
considered rich if he possesses the nisab--that is, an arnount
in excess of his essential needs or those of his children with
regard to food, drink, clothing, housing, animals, tools of
his trade, and similar other necessities. Thus, one who lacks
all these is considered poor (fuqura') and qualifies for zakah.
A hadith attributed to Mu'azh instructs: "Take from
the rich [that is those who are self-sufficient] and give to
their poor." Thus, zakah should be taken from the rich
who own a nisab and given to those who are not so fortunate.
No difference has been made here between the poor (fuqura')
and the needy (nasakin) as far as their needs, their poverty,
and their qualification for receiving zakah are concerned. The
two are brought together in the preceding Qur'anic 'ayah with
the necessary conjunction so that they could be differentiated
from each other. This does not contradict our categorizing the
masakin as a subgroup of the fuqura'. In the following hadith,
the text indicates that the needy are the poor who are not
noticed by the people because they abstain from begging. The
Qur'an takes note of them because they, perhaps due to their
modesty, go unnoticed.
Abu Hurairah reported that the Messenger of Allah, upon
whom be peace, said: "The needy person (miskin) is not
one who goes around asking the people for a date or two, or
for a mouthful or two, but the one who is too embarrassed to
ask. Read if you wish: 'They do not beg from men
importunately' [alBaqarah 273]." In a variant of this
report, it is related: "The needy person is not one who
goes around asking people for a mouthful or two or a date or
two, but the one who has not enough [money] to satisfy his
needs and whose condition is not known to others. Thus,
sadaqah is given to him and he does not beg from the
people." This is narrated by al-Bukhari and Muslim.
Zakah aims at supporting the poor by satisfying their
needs. A specified amount is therefore given to them on a
continuous basis to alleviate their state of poverty. This
amount differs depending on circumstances and individuals. 'Umar
reported: "If you happen to give [alms], you should give
to satisfy one's needs." Qadi 'Abdulwahhab says that
Malik never stipulated a limit to the amount that can be
given. To him, zakah may even be given to one who has a house,
a servant, and a mount to ride, provided he is in need. The
import of the preceding hadith is clear-- that is, asking for
help is permissible for a person who is poor until he gets
what he needs for his livelihood and is freed from his needs.
Qabisah ibn Mukhariq al-Hilali reported: "I had a
debt. I went to the Messenger of Allah, upon whom be peace,
and asked for his help. He answered: 'Wait until we have funds
for sadaqah, then we will give you some.' He also said: 'O
Qabisah, sadaqah is justified only for the following three:
first, a man who is in debt, for his case makes it permissible
to receive [alms] until his difficulty is resolved; second, a
man who is struck by calamity which destroys his holdings,
which also makes it permissible for him to receive [alms]
until he is in a position to earn a sustenance [or he said,
'... what satisfies his needs and makes him self-sufficient'];
and third, a man who has been reduced to poverty and three
persons of caliber from among his people testify to his
desperate situation will receive until he finds for himself a
means of support [or he said, '... what satisfies his needs
and makes him selfsufficient']. Other than these cases, O
Qabisah, it is not permissible (sahat). A person receiving it
(sadaqah) will be consuming forbidden holdings.' " This
is narrated by Ahmad, Muslim, Abu Dawud, and anNasa'i.
Individuals strong in body and earning their living are not
entitled to zakah. Their position is similar to that of the
rich.
-1- 'Ubaidullah ibn 'Adiyy al-Khiyar reported: "Two
men told me that they went to the Prophet, upon whom be peace,
during the Farewell Pilgrimage while he was distributing
charity. They asked him for help. He gave them a look from the
head down and then found them to be sturdy and strong. Then he
said: 'If you desire, I shall give it to you. But, there is no
zakah for one who is rich, neither for the one who is strong
and earning.' " This is related by Abu Dawud and anNasa'i.
Concerning the merits of this hadith, al-Khattabi says that
it provides the criterion that if a person is not known to
have means, it will be presumed that he has none. The hadith
also provides the rule that one who appears to be sturdy is
not excluded from receiving the zakah unless his income is
determined, for there are some people who are strong in body
but for one reason or another are unable to work. Such people
may receive charity according to this hadith.
-2- It is related from Rayhan ibn Yazid from 'Abdullah ibn
'Amr that the Prophet, upon whom be peace, said: "Sadaqah
is neither permissible for the rich nor for the one who is of
energetic disposition, sound body, and healthy limbs."
This is related by Abu Dawud and atTirmizhi. The latter grades
it as sound (sahih). Ash-Shaf'i, Ishaq, Abu 'Ubaid, and Ahmad
uphold it. The Hanafiyyah say a strong and healthy person is
allowed to take sadaqah, provided he does not possess 200
dirhams or more. An-Nawawi says: "I asked al-Ghazzali if
an able-bodied person who comes from a rich family and is not
used to physical labor in earning his living can be entitled
to zakah. He answered that he could." This is a sound
rule which takes into consideration a person's vocation.
For example, someone had 200 dirhams and did not pay zakah
on the sum for two years. The opinion which says that zakah is
due on the property itself means that the amount due is for
one year only since it decreased by five dirhams, which was
the amount due for zakah at the end of the first year. The
second opinion, that zakah is the responsibility of the owner,
means that he should pay zakah twice, one for each year, as
zakah is the responsibility of the owner and is not affected
by the decrease of the nisab.
One whose possessions reach a nisab but are still
insufficient for his needs, due to the size of his family or
the high cost of living, will be considered well-off and
subject to zakah. He is also considered poor because his
possessions are not enough for his needs. As such, he should
also be given zakah. AnNawawi says that one who possesses a
piece of real estate but does not have enough income to meet
his needs should be considered poor and eligible for that
amount of zakah which would satisfy his needs. In this way, he
would not have to sell his real estate. Al-Mughni mentions
that al-Maymum said: "I had a talk with Abu 'Abdullah,
Ahmad ibn Hanbal and I said: 'A man may possess camels and
sheep on which zakah is due and be considered poor. He may
possess forty sheep or even a landed estate (day'ah), not
enough for his needs. Would he be allowed to receive alms?' He
answered: 'Yes, because he does not possess what is sufficient
for him and he is not able to earn what he needs. In that
case, he is permitted to receive zakah, if what he possesses
does not qualify for zakah.' "
Zakah collectors are officials appointed by the leader or
his deputy to collect it from the rich. Among them are the
custodians of zakah, shepherds and clerks for its
administration. They must be Muslims and should consist of
those who are potentially not eligible for zakah. This
includes the family of the Prophet--that is, Banu 'Abdul
Mutallib. It is related by al-Muttalib ibn Rabi'ah ibn Harith
ibn 'Abdul Muttalib that he and al-Fadl ibn al-'Abbas went to
the Messenger of Allah, upon whom be peace: "One of us
said: 'O Messenger of Allah! We have come to you so that you
may invest us with authority to administer zakah, that we
shall gather (collect) the benefits the people are to receive,
and render service to you that others give.' The Messenger of
Allah answered: 'Indeed, zakah ought not to be given to
Muhammad or to the family of Muhammad. Zakah is nothing but
filth that comes out from people's properties.'" This is
reported by Ahmad and Muslim. Another version states: "It
is not permitted to Muhammad or to the family of
Muhammad."
Abu Sa'id reported that the Prophet, upon whom be peace,
said: "Sadaqah is not allowed for the well-off except for
the following five: an administrator of zakah, a purchaser of
zakah holdings, a debtor, a warrior in the cause of Allah, or
a person who is given a present by the needy (miskeen) from
what the latter had been granted as zakah." This is
related by Ahmad, Abu Dawud, Ibn Majah, and al-Hakim. The
latter grades the preceding hadith as sound according to the
criteria of Muslim and al-Bukhari.
Abdullah ibn as-Sa'di related that he came from Syria to
see 'Umar ibn al-Khattab, who asked him: "Is it true that
you perform a certain job for the Muslims and you are given
wages for that, but you do not accept them?" He answered:
"Yes, indeed. I possess horses and slaves. I am well-off.
I want my work to be a charity for the Muslims." Then 'Umar
said: "I also wanted what you desired, but the Prophet,
upon whom be peace, used to pay compensation to me. I would
say to him: 'Give it to one who is poorer than I.' Once he
gave me money and I said to him: 'Give it to a person more
needy than I.' Then the Prophet, upon whom be peace, said:
'Take what Allah, to Whom belongs might and majesty, gives you
of His bounties without your having asked for it or being
eager.' So take it and keep it, or give it away as
charity--and what is not given should not be asked for."
This is related by al-Bukhari and an-Nasa'i.
AlMustawrid ibn Shaddad relates that the Prophet, upon whom
be peace, said: "If someone performed a job for us and
has no house, let him have a house; if he has no wife, let him
have a wife; if he has no servant, let him have a servant; or
if he has no mount to ride, let him have one. He who clamors
for anything other than these is being excessive." This
is related by Ahmad and Abu Dawud and its chain is sound.
Commenting on the subject, al-Khattabi says: "This may be
interpreted in two different ways. The first means that the
individual is permitted to have a servant or a house deducted
from his wages, which are similar to any other wages. He is
not permitted to take anything else. The second means that the
zakah worker has the right to have lodging and a servant.
Thus, if he does not have a house or a servant, one may be
hired to serve him and a house may be rented for him during
the tenure of his job."
This applies primarily to that group of people whose
hearts, due to their weak Islam, need to be reconciled or
strengthened for Islam. In this case, zakah is distributed to
rid Muslims of their evil, or to procure their assistance in
the defense of Muslims. The jurists divide such people into
Muslims and unbelievers. The Muslims are divided into four
groups:
People who are leaders and notables among the Muslims and
influential among their nonbelieving kinsmen deserve and if
given sadaqah, there is hope that their kinsmen will become
Muslims. Such was the case of Abu Bakr giving 'Adiyy ibn Hatim
and az-Zibarqan ibn Badr sadaqah because of their high status
among their people.
Prominent people among Muslims, though recently converted
to Islam and as such of weak faith but still obeyed by their
people, if given sadaqah and their counsel sought in jihad and
other matters could lead them to become strong in their Islam.
A case in point is that of the Makkans who became Muslims
after the conquest of Makkah. The Prophet, upon whom be peace,
gave them a large booty after his victory over the Huwazin.
Most of them became very good and conscientious Muslims later
on.
Muslims who live at the frontiers, close to enemy land, can
also be given sadaqah as an incentive to defend the Islamic
territory. The author of al-Manar claims that this falls under
the national defense. Jurists place it under the share
allocated for the cause of Allah. It is similar to a military
expedition. In our times, people who most deserve our help are
those Muslims whom the unbelievers have brought over to their
side by placing them under their protection or converting such
Muslims to their religion. We notice that colonial powers are
working for the subjugation of all Muslims and are trying to
divert them away from their religion. Such states are
allocating a certain portion of their resources to win over
the Muslim hearts. Some they have succeeded converting to
Christianity, and others have been influenced by or attracted
to their tutelage. This is creating problems for Muslim states
and Islamic unity. Are not such Muslims more deserving of
zakah than those along the frontiers?
Muslims who are employed to collect zakah, either through
persuasion or force, from those who are not willing to give it
can also qualify as its recipients for it is better to use
such people to maintain Muslim unity. Their support and their
undertaking to help the government is the lesser of two evils
and a preferable arrangement.
As for the unbelievers, they are of two categories:
-1- Those who may come to Islam through the reconciliation
of their hearts: Such was the case of Safwan ibn 'Umayyah whom
the Prophet, upon whom be peace, granted safety on the day of
Makkah's conquest. The Prophet, upon whom be peace, allowed
him to think about his situation for four months and then
choose for himself. He was absent at the time but came forward
later and went with the Muslims to fight in the battle of
Hunayn before his acceptance of Islam. The Prophet, upon whom
be peace, borrowed his armory for the expedition of Hunayn,
and in return gave him a large number of camels, loaded with
goods, that were at a certain valley. Thereupon Safwwan said:
"This is a gift from someone who does not fear poverty.
By Allah," he continued, "the Prophet, upon whom be
peace, has given all of this to me and verily he is the person
whom I dislike the most, but he continued to give me things
until he became the one I loved the most."
-2- People whose evil is feared, and it is hoped that
money, if given to them, will neutralize their hostility: Ibn
'Abbas reported: "A group of people used to come to the
Prophet, upon whom be peace. If he gave them money, they would
praise Islam and say: 'This is a good religion.' However, if
he did not give them any money, they criticized and found
fault with Islam." Among such people were Abu Sufyan ibn
Harb, al-Aqra' ibn Habis, and 'Uyainah ibn Hisn. The Prophet,
upon whom be peace, gave every one of them one hundred camels.
The Hanafiyyah say that the share of such people are
cancelled when Islam is strong. For instance, 'Uyainah ibn
Hisn, al-Aqra' ibn Habis, and al-'Abbas ibn Mirdas came to Abu
Bakr and requested their share. He wrote them a letter, which
they took to 'Umar. He tore the letter and said: "This is
something that the Prophet, upon whom be peace, used to give
you to reconcile you to Islam. Now, Allah has fortified Islam
and it is no longer in need of you. Unless you stay with
Islam, the sword will be between you and us. Say: 'It is the
truth from the Lord of you [all]. Then whoever will, let him
believe, and whoever will, let him disbelieve' [al Kahf
29]." They returned to Abu Bakr and said: "Are you
the Caliph or is 'Umar? You wrote a letter for us and 'Umar
tore it up." He answered: "This is the way it
is."
The Hanafiyyah continue: "Indeed, Abu Bakr agreed with
'Umar, and none of the companions disapproved of it. Likewise,
it was never reported from 'Uthman or 'Ali that they gave
anything to anyone in this category."
It can be answered that the case under reference was 'Umar's
own judgment. He saw that there would be no benefit in
mollifying these people after Islam had become
well-established among their people, and no harm would follow
if they abandoned Islam. Also, if 'Uthman and 'Ali stopped
spending this kind of endowment, this does not necessarily
mean that the provision for it was repealed. It is possible
that the change of circumstances did not call for the
continuation of such an endowment to the nonbelievers.
However, this does not amount to the invalidation of the
provision for such endowments. Should the contingency call for
its revival, the endowments in this category can be given.
This is because their sanction lies in the Qur'an and sunnah.
Ahmad and Muslim reported from Anas that whenever the
Prophet, upon whom be peace, was asked for anything for the
sake of Islam, he would give it away. A man came and asked for
sadaqah. The Prophet ordered that the man be given the entire
lot of sheep between two mountains. These sheep were part of
the sadaqah. The man returned to his people and said: "Oh
my people! Accept Islam, for indeed, Muhammad gives in such a
way as if he does not fear poverty." Ash-Shaukani says
that al-'Itrah, al-Jobbani, al-Balkhi, and Ibn Mubashshir held
that sadaqah may be given to those whose hearts are to be
reconciled to Islam. On the contrary, ash-Shaf'i maintains
that such endowments are not for unbelievers. As for the
sinner (faszq), he may be given from such allocations.
Abu Hanifah and his followers hold that this kind of
endowment was cancelled with the spread and domination of
Islam and, as evidence, they cite Abu Bakr's refusal to
restore endowments to Abu Sufyan, 'Uyainah, al-Aqra', and al-'Abbas
ibn Mirdas. It appears that reconciliation is permitted when
the need for it arises. In other words, it is permitted to
give them sadaqah for reconciliation when a people obey a
leader only for worldly affairs, and they cannot be controlled
except by force and domination. The spread of Islam has no
ramification on the issue of reconciliation because it makes
no difference in this case. The author of al-Manar testifies:
"This is the whole truth. Only independent judgment can
be exercised to elaborate on the eligibility and the amount of
sadaqah or booty to be given away when they are available,
along with other kinds of property [immovable and movable]. It
is necessary to seek consultation of capable people (ahl
ashShura) as the caliphs did in those matters that required
ijtihad. Whether a leader can force them into obedience by
coercive action before resorting to the use of the endowment
is an unsettled issue. Nevertheless, this cannot be followed
as a rule but rather as the principle of inclining to the
lesser of two evils and to the best benefit of the
society."
This category includes two kinds of slaves: contracted
slaves (rnukazabun) and regular slaves. Both categories were
aided with sadaqah to obtain their freedom. Al-Bara' reported:
"A man came to the Prophet, upon whom be peace, and said
to him: 'Guide me to a deed that makes me close to Heaven and
far from Hell.' The Prophet, upon whom be peace, said: 'Free a
person and redeem a slave.' " Then al-Bara' asked:
"O Messenger of Allah. Are not the two the same?" He
answered: "No. Freeing a person is to grant him freedom
[by redeeming him from his bondage], but the redeeming of the
neck means buying him his freedom." This is related by
Ahmad and ad-Daraqutni and their report is trustworthy.
Abu Hurairah reported that the Prophet, upon whom be peace,
said: "Three persons have the right to be helped by
Allah: the warrior (ghazi) who fights for Allah, the
contracted slave who longs to buy his freedom, and one who
wishes to get married for the sake of chastity." This is
related by Ahmad and the ashab as-Sunan. At-Tirmizhi grades
this report as good and sound.
As to the meaning of free captives (wa fi ar-riqab),
ash-Shaukani says that scholars differ over it. 'Ali ibn Abu
Talib, Sa'id ibn Jubair, al-Layth, ath-Thauri, al-'Itrah, the
Hanafiyyah, the Shaf'iyyah, and the majority of scholars are
reported to believe that it refers to contracted slaves
(rnukatabdn) whose freedom is secured through payment from
zakah. According to Ibn 'Abbas, al-Hasan al-Basri, Malik,
Ahrnad ibn Hanbal, Abu Thaur, and Abu 'Ubaid, it means using
zakah in the release of any kind of slave. Al-Bukhari and Ibn
al-Munzhir are also supportive of this view. Their rationale
is that the expression wa fi ar-riqab cannot be confined to
the kind of slavery arising from a contract because, if that
had been the case, then it would have fallen under the
category of those in debt (gharimln), for theirs is an obvious
case of debt. As such, freeing a slave from bondage is better
than helping a contracted slave. He could be aided or helped,
but not freed, for the contracted slave is a slave as long as
he owes even one dirham. At the same time, freeing a slave is
possible at any time, in contrast to the situation of a
contracted slave.
Commenting on the subject, az-Zuhri says that the preceding
position entails two possibilities. The Qur'anic 'ayah on the
subject alludes to these two possibilities, which have been
pointed out by ashShaukani in his Muntaqa al-Akhbar. In the
hadith narrated by alBara', evidence suggests that redeeming
necks is not the same as freeing them. Nor is the deed of
freeing slaves the same as helping contracted ones with money
to pay off the contract. Both of these bring the individual
closer to Heaven and distance him from Hell.
People burdened by debts and unable to pay them are of
several kinds: those who took upon themselves responsibility
to discharge a debt; those who guaranteed debts of others and
therefore, upon default, the debts have become their
obligation; those who mismanaged their finances, those who
borrowed money because they had to; or those who were involved
in sinful acts and then repented, and who had to pay a fine
for repentance. All of them may take sadaqah to meet their
debts.
Anas reported that the Prophet, upon whom be peace, said:
"Asking for sadaqah is permissible only for the following
three classes [of people]:
-1- those who are in abject poverty,
-2- those who have severe debts, or
-3- those who incurred it in the payment of blood money [on
behalf of a relative or friend]." This is related by
Ahmad, Abu Dawud, Ibn Majah, and at-Tirmizhi. The latter
grades it hasn.
Muslim relates from Abu Sa'id al-Khudri that a man made a
bad deal on fruit and then ran into heavy debt. The Prophet,
upon whom be peace, recommended: "Give him sadaqah."
Then the people gave him sadaqah. However, he still had some
debt left over. Thereupon, the Prophet, upon whom be peace,
said to creditors: "Take what you get . . ."
As to the previously stated hadith of Qabisah ibn Mukhariq,
in which he says: "I had a debt. I went to the Messenger
of Allah, upon whom be peace, and asked him for help. He
answered: 'Wait until we have received funds for sadaqah, then
we will give some to you.' " The expression hamalah in
this hadith, as defined by the scholars, is to assume
someone's responsibility as one's own in order to restitute a
discord. In pre-Islamic times, whenever strife took place
among the Arab tribes and blood was spilled, compensation was
called for. In such a case, one of them would volunteer to
meet the obligation until the strife had ended. Undoubtedly,
this was a noble act for these people. When the Arabs would
come to know that one of them had taken upon himself the
responsibility (hamalah) of someone's debt, they would hasten
to his help in the discharge of his responsibility. If such a
person asked for help, it was considered an honorable act and
not derogatory to his character. No conditions were
stipulated. As for being qualified to obtain zakah in the
discharge of such debts, it is not a pre-condition that the
person who has assumed the debt on another's behalf should be
unable to pay it. In fact, he can still ask for zakah even
though he is a man of means.
Fee sabil lillah means for the sake of Allah--that is,
making use of knowledge and deeds to attain Allah's pleasure.
Most scholars understood this phrase as fighting for the cause
of Allah. Part of zakah designated for the cause of Allah is
given to volunteer fighters, especially those who are not on
the payroll of the state, regardless of their financial
status.
The hadith of the Messenger of Allah, stated elsewhere,
also confirms it: "Sadaqah is not permitted to the rich
except to the following five: the warrior (ghuzi) for the
cause of Allah . . . and so on."
As to the pilgrimage (hajj, it does not fall under the
zakah designated for the cause of Allah because it is an
obligation for one who can afford it. Commenting on the issue,
the authors of al-Manar say: "Spending of this portion on
securing the routes of the pilgrimage and for providing water,
food, and health services for the pilgrims is permissible if
funds from other sources are not available."
Included in the share designated "for the cause of
Allah" are those spendings in the interest of the common
good that pertain to both religious and secular matters. The
foremost is the preparations for war, including buying arms,
food supplies for soldiers, means of transportation, and
equipment for warriors. However, the supplies for warriors are
to be returned to the treasury after the war. This applies
especially to unconsumable items such as weapons, horses, and
so on. A warrior does not always possess such items, for he
uses them in the cause of Allah only when necessary. This is
not the case, however, with other recipients of zakah, such as
zakah collectors, debtors, people who received money under the
expense account "reconciliation of hearts," and the
wayfarers. They do not have to return the zakah, even if they
are no longer entitled to it.
Also included in the expense account "for the cause of
Allah" are projects such as establishing military
hospitals, paved and unpaved roads, the extension of military
(not commercial) railway lines, and the building of cruisers,
warplanes, fortresses, and trenches. An important item in this
category could be the preparation of Muslim missionaries and
sending them to non-Muslim countries to spread Islam, just as
non-Muslim missionaries are now spreading their religions in
Islamic countries. Also falling under this heading would be
school expenses to prepare adequate courses in religious
sciences and in other areas of public interest. Teachers
involved in such programs should be given sadaqah as long as
they continue to perform their assigned jobs without resorting
to other means of income. Scholars who are rich should not be
paid for their work, despite their obvious benefits to the
people.
Scholars agree that a traveler stranded in a foreign land
should be given zakah if he lacks the means to achieve his
objectives. The extension of zakah is, however, tied to the
condition that the journey must have been undertaken for
Islamically acceptable reasons. Just what such a trip involves
is open to question. The preferable opinion among the
Shaf'iyyah is that sadaqah is given even when the traveler is
taking the trip for sightseeing and pleasure. The wayfarer
(ibn as-sabil), according to the Shaf'iyyah, is of two kinds:
-1- a person traveling within his own country, and
-2- one traveling in a foreign country. Both of them are
entitled to zakah, even though they could find someone to lend
them the needed amount and they have enough resources in their
own country to pay their debts. According to Malik and Ahmad,
only the passer-by is eligible for zakah and not one traveling
within his own country. Zakah is not to be given to the person
if he can find someone to lend him the money he needs and if
he has enough of his own money in his country to pay his debt.
The distribution of zakah to those who are eligible, as
mentioned in the 'ayah from at-Taubah, can now be classified
as under:
The poor (fuqdra'); the needy (rnasakm); the administrators
of zakah ('amildna 'alaiha); those whose hearts are to be won
over (mu'allafatu qulubuhum), slaves (ar-riqab); those in debt
(gharimun) the wayfarers (abna' as-Sabil); the warriors
(rnujahidln).
The jurists differ over the distribution of zakah among the
preceding eight groups of people.
Ash-Shaf'i and his followers hold that if a distributor of
zakah happens to be the owner of the property (or the agent),
then there is no share of the collectors in it. In that case,
it becomes obligatory to distribute the sum collected among
the remaining seven categories. If other categories are for
some reason ineligible for their share, it will be distributed
among those still eligible. It is not permissible to disregard
any category if it meets the conditions for eligibility.
Ibrahim anNakha'i says that if the amount of zakah received is
large, then it is possible to divide it among the different
categories. However, if it is small, it is permissible to
place it into one category. Ahmad ibn Hanbal holds that the
division of zakah has a priority but that it is permissible to
give it all to one category. Malik maintains that the
distributor of zakah should make an effort to investigate
those who are in need. He should distribute it according to
the immediate condition of the needy and poor people. Thus, if
he sees in certain years that the poor need more, they should
be given priority. If he sees in another year that the
wayfarers are more needy, he should distribute it among the
travelers. The Hanafiyyah and Sufyan athThauri thought that
the zakah payer can choose the categories he wished to
distribute the zakah to. This is related by Huzhaifah and Ibn
'Abbas. Al-Hasan alBasri and 'Ata' ibn Abi Rabah base their
opinions on it. Abu Hanifah holds that the distributors of
zakah may give it to one person under any of the eight
categories.
According to Ibn Rushd: "The cause of their
differences lies between the literal and the intended meaning.
The literal meaning determines the classifications, but the
intended meaning shows that priority should be given to the
needy according to the immediacy of their needs since the aim
[of the institution of zakah] is to eliminate poverty. The
enumeration [of the categories] in the Qur'an is meant to
distinguish the different kinds--that is, the people eligible
for zakah, and not necessarily their grouping. The first
interpretation is the literal one while the second is the
intended interpretation." Ash-Shaf'i builds his case on
the hadith of as-Suda'i which is related by Abu Dawud. A man
came to the Prophet, upon whom be peace, and asked for zakah.
The Messenger of Allah, upon whom be peace, said: "Allah
has not left the matter to the judgment of a prophet nor to
others. He has laid the rules for it--that is, He has
classified [the beneficiaries] into eight categories. If you
fit into any of these, I will give you your due."
The author of ar-Rawdah an-Nadiyyah says:
"Distributing all of the zakah to one group is more
benefiting to the realization of the word of Allah." In
brief, one may say that Allah made zakah applicable only to
the eight specifically mentioned categories. Spelling out
these categories does not mean that the zakah has to be
distributed among them equally or even that it has to be
divided among them. The intended meaning, however, is that the
categories of sadaqah are similar to various groups of people
who are eligible for it. Thus, one who is obligated to pay
anything to any category of sadaqah and gives it to a person
in a parallel group is considered to be fulfilling what Allah
commanded him to do. Contrary to this, if one divides his
zakah due into the acknowledged eight categories, if all eight
exist, then that would not only be contrary to the practice of
the Muslims throughout history, but it would cause hardship to
the payer of zakah. For example, if the collected zakah were
meager, it would be of no benefit to any designated
category--even if it was of one kind, to say nothing if it was
of numerous kinds. To endorse such a practice would be
tantamount to counter what the Prophet, upon whom be peace,
did when he permitted the payment of a penance (kaffarah) from
the charity collected for Salmah ibn Sakhr. Obviously, the
hadith of as-Suda'i cannot be used as evidence.
There is not a single case in the entire corpus of hadith
literature which could be used to make the distribution of
zakah to all groups of people obligatory. Using the hadith of
Mu'azh as evidence that the Prophet, upon whom be peace,
instructed him to take zakah from the rich Yemenites and give
it to their poor will not be of much help because it does not
establish that the zakah was distributed to all the groups.
Nor is the hadith of Ziyad ibn al-Harith as-Suda'i valid in
this regard because in its chain of narrators is 'Abdur-Rahman
ibn Ziyad al-'Afriqi, whose credibility has been questioned by
many scholars. Assuming that this hadith is valid for the
point under discussion, the meaning of the division of zakah
into parts is its distribution according to the apparent
meaning of the Qur'anic 'ayah and what the Prophet, upon whom
be peace, had in mind. Assuming that the division of zakah
itself is intended, the distribution has to be done according
to the specified categories. In this case, any transfer of the
share of one group to another, even if the group concerned was
for some reason non-existent, will not be permissible. Such an
approach will be contrary to the consensus of Muslim scholars.
If we accept that, then the deciding factor for the sadaqah's
distribution is the leader's wish rather than, and not the
specific categories of eligible people. Thus, there is no
evidence that makes division obligatory, and it is
consequently permissible to give some sadaqah to those
eligible people and some to other groups. Indeed, when the
leader collects all the sadaqat from his people and all eight
categories are eligible to receive them, each group has the
right to claim its share. However, he does not have to divide
the collected sadaqat among them equally or distribute it
without any distinction, for he can give any amount to any
group or groups that he wants to, or he can give some without
giving the rest if he thinks it is in the interest of Islam
and its people. For example, if the sadaqah was collected and
then a jihad was announced, meaning that it would become
necessary to defend the territory of Islam against the
unbelievers, the leader can give some or all of it to the
deserving warriors. This also applies to other concerns if the
interest of Islam necessitates it.
We have discussed so far the distribution of zakah and the
categories of people eligible to receive it. Now we will talk
about those who are forbidden to receive it. They are:
The jurists agree that unbelievers and atheists are not to
be given zakah. In the hadith which says: "Zakah is taken
from the rich and given back to the poor," "the
rich" refers to rich Muslims while "the poor"
indicates poor Muslims. Ibn al-Munzhir said that all scholars
agree that the free nonMuslim subject (zhimmi) is not entitled
to zakah. Exceptions to the rule are those people whose hearts
are leaning toward Islam. However, it is permissible to give a
zhimmi from the nonobligatory charity (tatawwu'). Alluding to
the characteristics of the belivers, the Qur'an says:
"And for His love, they feed the indigent, orphan, and
captive" (ad-Dahr: 8.. This is also supported by the
following hadith: "Be kind to your mother." The
woman in this case was an unbeliever.
This includes the families of 'Ali, Ja'far, al'Abbas, and
al-Harith. Ibn Qudamah says there are no two opinions on the
ineligibility of Banu Hashim to receive zakah. The Prophet,
upon whom be peace, declared: "Indeed, sadaqah ought not
to be given to the family of Muhammad ..." Muslim related
it. Abu Hurairah reported that when al-Hasan took one date
from the sadaqah dates, the Prophet, upon whom be peace, said
to him: "Nay, spit it out! Don't you know that we cannot
eat from charity?" Scholars agree on the authenticity of
this hadith. As to the eligibility of Banu al-Muttalib for
zakah, the scholars differ.
Ash-Shaf'i holds that like Banu Hashim they are disallowed
to take zakah. Ash-Shaf'i, Ahmad, and al-Bukhari relate from
Jubair ibn Mut'im who said: "At the battle of Khaibar,
the Prophet, upon whom be peace, set aside the share of the
relatives of the families of Banu Hashim and Banu al-Muttalib
and left out the shares of Banu Nawfal and Banu 'Abd Shams. I
and 'Uthman ibn 'Affan came to the Messenger of Allah, upon
whom be peace, and said to him: 'O Messenger of Allah! Do not
deny Banu Hashim the grace of their position because Allah
placed you among them. How about our brothers Banu
al-Muttalib? You gave them and left us out? Isn't our
relationship one and the same?' The Prophet, upon whom be
peace, answered: 'I and Banu al-Muttalib are not to be
separated either during jahiliyyah or Islam. We and they are
one.' Then he joined his fingers [in demonstrating the close
relationship]." Reason dictates that one should not
differentiate between them (the two families) in any matter of
law because they are one according to the saying of the
Prophet. It is evident that they are the family of Muhammad,
and therefore, sadaqat are forbidden to them. Abu Hanifah
holds that the family of Banu al-Muttalib may take from zakah.
Both these reports are related by Ahmad. Just as the Messenger
of Allah, upon whom be peace, made charity unlawful for the
family of Banu Hashim, he also made it unlawful for their
proteges (mawla). Abu Rafi', a protege of the Prophet, said
that the latter appointed a man from the family of Banu
Makhzum to collect sadaqat. This man said to Abu Rafi':
"Accompany me so that you may get some of it." He
said: "No, until I meet the Messenger of Allah, upon whom
be peace, and ask him." He left and asked him. The
Prophet answered: "Sadaqah is not lawful for us--and the
proteges of a certain tribe are like [the members of the
tribe] themselves." Ahmad, Abu Dawud, and at-Tirmizhi
related it. The latter grades it good (hassan) and sound
(sahih).
Whether nonobligatory charity (tatawwu') is lawful for the
family of the Prophet or not, scholars differ. Ash-Shaukani,
having summarized the views on the issue, says: "The
apparent meaning of the Prophet's hadith, 'Sadaqah is unlawful
for us,' is the unlawfulness of the obligatory as well as
nonobligatory sadaqat." A group of scholars, including
al-Khattabi, says that its prohibition for the Prophet, upon
whom be peace, carries consensus. Based on ashShaf'i's report,
many others have ruled that the prohibition of zakah to the
Prophet does not include the nonobligatory charity. A report
from Ahmad equally says so but Ibn Qudamah rejects all these
reports for lack of clear evidence.
As for the family of the Prophet, upon whom be peace, the
vast majority of the Hanafiyyah, the Shaf'iyyah, the
Hanbaliyyah, and the majority of the Zaidiyyah hold that
nonobligatory sadaqah is permissible for them but not the
obligatory one, since to them the latter is nothing but filth
that comes out from people's holdings. This is understood to
mean that the (prescribed) zakah and not the nonobligatory
sadaqat, are forbidden to them. It is said in alBahr that
nonobligatory sadaqah is restricted by being confined to a
donation, gift, or endowment. Abu Yusuf and Abu al-'Abbas
maintain that it is unlawful for them, as is the prescribed
charity, because there is no evidence of the contrary.
The jurists agree that it is not permissible to give zakah
to one's father, grandfather, mother, grandmother, son,
grandson, daughter, and her children because the zakah payer
is obligated to take care of all such people anyway. In case
of their poverty, they should draw upon his largesse because
it is their right. Thus, if he pays them zakah, he benefits
himself and avoids the obligation of supporting them. Malik
exempts the grandfather, grandmother, grandsons, and
granddaughters because one does not have an obligation to
support them if they are poor. However, if they are well-off
and fought voluntarily for the cause of Allah, the zakah payer
may give them some of the zakah designated for those fighting
in the cause of Allah. He may also give them some of the share
meant for debtors, though he is not obligated to pay off their
debts. He may also give them a portion of the amount set aside
for zakah collectors, provided they are in this category.
Ibn al-Munzhir says that all scholars agree that a man is
not obligated to give his wife zakah, the reason being that
adequate support for her is already enjoined upon him, unless
she is in debt. In that case, she may be given from the
debtor's share to pay off her debt.
It is not permissible to distribute zakah so as to grow
nearer to Allah other than what Allah, the Exalted One,
mentions in the 'ayah: "The alms are only for the poor
and the needy" (at-Taubah 60). Thus, zakah cannot be paid
for establishing mosques, bridges, road repair, hospitality,
shrouding the dead, and so on. Abu Dawud witnesses: "I
heard Ahmad while he was asked whether spending part of the
zakah on shrouding the deceased was permissible. He said: 'No.
Nor can it be used to pay the debt of the dead.' " He
also said: "One can pay the debt of a living person from
the zakah but not that of the deceased. For a person who dies,
there is no debt."
Ahmad was also asked what would happen if it had been given
to help them redeem their debt. He answered: "Yes, for
his family it is all right."
The Messenger of Allah used to send his authorized agents
to collect zakah. He would then distribute it among the
deserving people. Abu Bakr and 'Umar did the same. There is no
difference between unhidden wealth (i.e., plants, fruit,
cattle, and minerals) and hidden wealth (i.e., trade goods,
gold, silver, and treasure). When 'Uthman became caliph, he
followed this practice for a while. Later on, when he saw that
the hidden wealth was tremendous and that pursuing it
embarrassed the community and while checking it harmed its
owners, he left the payment of the zakah on such property to
the individual's discretion. Jurists agree that the owners
themselves should assume the distribution of zakah, especially
when it is for hidden wealth. As-Sa'ib ibn Yazid reported:
"I once heard the Messenger of Allah, upon whom be peace.
He said: 'This is the month of your zakah. If any one of you
still owes a debt, let him pay it off so that your properties
become free from debts. Then, you can pay the zakah on them.'
" Al-Baihaqi relates it with a sahih chain.
An-Nawawi says that some scholars agree with this
practice.: Who should distribute the zakah on hidden wealth
Is it preferable for the owners to distribute the zakah due
on their hidden wealth, or is it preferable to let the leader
distribute it?
There is more than one opinion on this subject. The
preferred choice among the Shaf'iyyah is that zakah be paid to
the government, especially when it is a just government.
According to the Hanbaliyyah, it is preferable that the zakah
payer distribute it himself, even though it is permissible to
give it to the ruler. On the other hand, Malik and the
Hanafiyyah hold that if the wealth is unhidden, the Muslim
leader and his agents have the authority to ask for and take
their zakah. The opinion of the Shaffiyyah and the Hanbaliyyah
concerning unhidden wealth is similar to that on the hidden
ones.
It is permissible to pay zakah to a Muslim leader, whether
he is just or not, provided he rules (more or less) according
to Islamic laws. The property owner absolves himself of his
obligation by giving zakah to the leader. If the leader does
not distribute it properly, it is preferable that the property
owner do so himself, unless the leader or his agent asks for
it.
Anas reported: "A man from the tribe of Banu Tamim
came to the Messenger of Allah, upon whom be peace, and said:
'O Messenger of Allah! If I paid the zakah to your
representative, am I acquitted of my responsibility?' The
Messenger of Allah, upon whom be peace, said: 'Yes, if you pay
it to my representative, then you have acquitted yourself. Its
reward will be yours and its sin will be upon whoever misused
it.' " This is related by Ahmad.
Ibn Mas'ud reported that the Prophet, upon whom be peace,
said: "After me, there will be selfishness and you will
deny obligations." They said: "O Messenger of Allah!
What do you command us to do?" He answered: "Pay the
due which is upon you and ask Allah what is right for
you." This is related by al-Bukhari and Muslim.
Wa'il ibn Hajar reported: "I heard the Messenger of
Allah, upon whom be peace, say after a man had asked him his
opinion of our leaders who deny their right [of collecting and
distributing the zakah]: 'Listen and obey, for indeed, they
have their responsibility and you have yours.' " This is
related by Muslim.
Commenting on the subject, ash-Shaukkani says that the
hadith cited in this section are used by many scholars to
justify the permissibility of transferring both kinds of zakah
to unjust rulers. This applies to rulers of Muslims in the
world of Islam (Dar al Islam).
As to contemporary Muslim governments, Sheikh Rashid Rida
says: "At present, the majority of Muslims do not have an
Islamic govemment which establishes Islam, propagates and
defends it, calls for jihad individually or collectively,
implements its divine injunctions, and collects and
distributes zakah according to the rules laid down by Allah,
the Exalted One.
Some of the Muslim rulers are under the influence of
Western powers, while others are under the tutelage of
polytheists. These foreign powers employ Muslim leaders as
tools to subjugate the people in the name of Islam, thus
destroying Islam itself. They use the influence of the Muslim
leaders and Muslim resources, including zakah and endowments,
to further their interests. To such rulers, it is not
permissible to pay any part of zakah, regardless of their
title or profession of faith. As for the rest of the Islamic
governments whose rulers and heads of state profess Islam and
whose finances are not controlled by foreigners, the payment
of unhidden zakah should be made to their leaders. This also
applies to hidden properties, such as gold and silver, when
the leaders request it, even if they are unjust in some of
their judgments, as is said by the jurists."
Zakah is given to a Muslim provided he is eligible to
receive it. Whether he is good or sinful does not matter. If,
however, it is known that he will use it to perpetuate what
Allah has forbidden, it should be denied to him. It is
preferable that one who pays zakah should give it to the
pious, the knowledgeable, and those of kind disposition. It is
related from Abu Sa'id al-Khudri that the Prophet, upon whom
be peace, said: "The likeness of a believer and the
likeness of belief are similar to the horse that, tied to its
post, walks around and then comes back to its post. The
believer may forget, but he returns to his belief. Thus, give
your food to the righteous people and entrust your favors to
the believers." This is related by Ahmad with a good
chain and as-Suyuti authenticated it.
Ibn Taimiyyah says that the needy who discards his salah
will not be given anything until he repents and offers salah
again because neglecting salah is a grave sin. It is not right
that one who commits this sin should be financially helped
until he repents to Allah. Included along with those who
neglect salah are offenders who are not ashamed to commit
sinful acts and remain unrepentant. Also, one whose conscience
is corrupted has an innate character which is distorted and a
sense of good which is virtually dead. Such a person is not
given zakah unless doing so will turn him in the right
direction and help him reform.
The Messenger of Allah, upon whom be peace, prohibited the
one who gives zakah to buy back what he gave up for Allah, the
Exalted One. This is similar to the case of those immigrants
who were prohibited (by the Messenger) to return to Makkah
after they had left it as immigrants. It is related by
'Abdullah ibn 'Umar that: "Once 'Umar gave away a horse,
for the cause of Allah, as sadaqah. Later, he saw it for sale
and wanted to buy it. He asked the Messenger of Allah, upon
whom be peace, if he could do so. The Messenger answered: 'Do
not buy back what you gave in sadaqah.'" This is related
by al-Bukhari, Muslim, Abu Dawud, and an-Nasa'i. AnNawawi says
it is a purifying prohibition, not one of unlawfulness. It is
unsuitable (makruh) for a person to buy back what he has given
in sadaqah, or zakah, or penance for a promise, or anything of
the nature which brings one closer to Allah, the Exalted One.
This is also applicable to a gift offered to someone which the
donor cannot own even if it is allowed by the recipient.
However, it can be owned by him again if he inherits it.
According to Ibn Battal, most scholars disliked someone to buy
his sadaqah back. This is in accordance with 'Umar's hadith.
Ibn al-Munzhir says that al-Hasan, 'Ikrimah, Rabi'ah, and
al-Auza'i allowed buying one's charity back. Ibn Hazm is also
inclined to this view because of a hadith from Abu Sa'id
alKhudri. The Messenger of Allah, upon whom be peace, said:
"Sadaqah is not allowed to the well-to-do except for five
among them: one who fights in the cause of Allah; one who
administers zakah; one who is in debt; one who bought [the
article of zakah] with his money; or one who has a poor
neighbor to whom he gave sadaqah, and the latter gave it as a
gift to him."
A poor husband is entitled to receive zakah from his
well-to-do wife, even though she is not supposed to support
him. Her reward for giving it to him is more than if she were
to give it to strangers. Abu Sa'id al-Khudri reported that
Zainab, the wife of Ibn Mas'ud, said: "O Prophet of
Allah! Indeed you have ordered us today to give away sadaqah,
and I have some jewelry which I wanted to give away as
sadaqah. But Ibn Mas'ud claims that he and his children
deserve it more than someone else." The Prophet, upon
whom be peace, responded: "Ibn Mas'ud is right. Your
husband and your children are more deserving." This is
related by al-Bukhari. AshShafi, Ibn al-Munzhir, Abu Yusuf,
Muhammad, the Zahiriyyah, and one of the reports by Ahmad hold
the same view. Abu Hanifah and other scholars differ, saying
that the wife is not allowed to give any sadaqah to her
husband. They maintain that Zainab's hadith is concerned with
voluntary sadaqah and not with the obligatory one. Malik holds
that it is not permissible for a husband to spend the sadaqah
he receives from his wife on her. Spending it on others is all
right. Most scholars say that one's brothers, sisters,
paternal uncles and aunts, and maternal uncles and aunts may
receive zakah if they are eligible. Their opinion is based on
the hadith which says: "Sadaqah for the poor is rewarded
as one sadaqah, but in the case of a relative it is considered
as two: [one reward for] blood tie and [the other reward for]
the sadaqah [itself]." This is related by Ahmad,
an-Nasa'i, and at-Tirmizhi. The latter grades it hassan.
An-Nawawi holds that if someone is able to earn a suitable
living and wants to occupy himself by studying some of the
religious sciences but finds that his work will not allow him
to do so, then he may be given zakah since seeking knowledge
is considered a collective duty (fard kifayah). As for the
individual who is not seeking knowledge, zakah is not
permissible for him if he is able to earn his living even
though he resides at a school. An-Nawawi says: "As for
one who is engaged in supererogatory worship (nawafil) or for
one who occupies himself in nawafil with no time to pursue his
own livelihood, he may not receive zakah. This is because the
benefit of his worship is confined only to him, contrary to
the one who seeks knowledge."
Formulating the issue, an-Nawawi says in al-Majmu':
"Suppose a person owes a debt to another person and at
the same time he qualifies for zakah. [When zakah is due for
the lender to pay,] he tells [the borrower]: 'Consider the
debt for [my] zakah.' Would it be valid?" An-Nawawi says
there are two opinions on it. According to Ahmad and Abu
Hanifah, who held the better opinion, it does not constitute
zakah because it cannot be discharged unless actually paid,
while Hasan al-Basri and 'Ata maintain that the responsibility
to pay zakah will be discharged even though there is no
payment of zakah (at that point in time) by its payer.
Likewise, if an individual trustingly assigns some money to
a person to keep and at the time of zakah he asks the assignee
to keep the amount in lieu of his zakah, it will be valid.
The jurists, however, agree that if a person pays zakah to
another who owes him money and then receives it back to redeem
his loan to him, the obligation to pay zakah will not be
discharged. It is also invalid for a person to accept zakah on
the condition that he will pay it back to the lender (the
zakah payer) for the amount he owes him. Nevertheless, if at
the time of lending and acceptance of the loan both agree to
do so, even though it was not mentioned in the deal, it will
be valid as zakah.
The jurists agree that zakah can be transferred from one
city to another provided the needs of the city residents whom
the zakah was originally derived from have first been
satisfied. A large number of hadith on the subject stress the
need for depleting zakah among the poor and the needy of the
city from which it is collected. This is because zakah aims at
freeing the poor inhabitants of an area from want, and thus
its transfer would contribute to their deprivation. This is
substantiated by the hadith of Mu'azh: "Tell them that
there is a charity due upon them to be taken from their rich
and to be given back to their poor." Abu Juhaifah
reported: "The charity collector of the Messenger of
Allah, upon whom be peace, came to us and took zakah from our
rich and gave it to our poor. I was an orphan then, and he
gave me a young she-camel." This is related by
at-Tirmizhi, who graded it hassan.
'Imran ibn Husain reports that he was employed as a charity
collector. When he returned from this assignment, he was
asked: "Where is the collection?" He responded:
"Did you send me for the collection? We took it and
distributed it the way we did at the time of the Messenger of
Allah, upon whom be peace." This is related by Abu Dawud
and Ibn Majah. On the same subject, Tawus says: "Mu'azh
wrote in his letter: 'Anyone who moves from one location to
another, his charity and tithe remain in the location of his
tribe.'" This is related by al-Athram in his Sunan.
Based on such hadith, the jurists say that the poor of a
city have a prior claim over the local zakah than the poor
elsewhere. Still, they differ over which conditions must
prevail before zakah can be transferred from one city to
another.
The Hanafiyyah hold that transferring zakah is disliked
(makruh) unless it is for needy relatives and serves the ties
of blood, or when the needs of a group of Muslims are more
pressing than those of the locals, when it is tied to the
general interests of the Muslims, when it is sought from a
country at war against the Muslims to the land of Islam, when
it is intended for a scholar, or when zakah is paid before the
completion of the hawl. In those cases, transferring zakah is
not disliked (makruh).
The Shaf'iyyah maintain that transferring zakah is not
allowed and that it must be spent in the area of its origin,
unless it has no poor or other categories of zakah recipients.
'Amr ibn Shu'aib reported that the Messenger of Allah, upon
whom be peace, appointed Mu'azh ibn Jabal to a position in
Jund where the latter remained until the death of the Prophet.
At the time of this event, he came to 'Umar who reappointed
him. He sent to 'Umar one-third of the sadaqat collected from
the local people, but 'Umar turned it down and said: "I
did not appoint you to go there as a tax collector or as a
tribute (jizyah) taker. I appointed you to collect sadaqat
from the rich and then to return them to their poor."
Mu'azh replied: "I would not have sent you anything [from
the collection] if I had found someone deserving [over
here]."
In the second year, he sent him half of the collected
sadaqat, and they ran into the same issue again. In the third
year, he sent him all of it, and 'Umar again argued with him.
Mu'azh responded: "I could not find anyone who deserved
to receive anything from me." This is related by Abu
'Ubaid.
Malik holds that transferring zakah is allowed only when
there is a desperate need. The administration then can send it
to the other place after due consideration of all the facts.
The Hanbaliyyah say that it is not permissible to transfer
zakah from its place of origin to that of the place beyond
which salat ul-qasr is applicable. It must be spent in the
place which generated it or near to it but not beyond the
point of qasr.
Abu Dawud says: "I heard Ahmad saying 'no' when asked
if zakah could be transferred from one city to another. Asked
further, 'What if his [the zakah payer's] relatives are in the
other city?' he replied: 'No. It can be transferred only when
the needs of the poor residents of a city have been
satisfied.' " This is based on the preceding hadith of
Abu 'Ubaid. Ibn Qudamah holds that even if the zakah payer
violated the above stipulations by transferring it, he would
still have met his obligation. Most of the scholars also
support this view. When a man resides in one city and his
holdings happen to be in another, consideration will be given
to the city where his holdings are located because the
holdings generated zakah and the eligible people will be
eyeing it. If part of the holdings are with the owner and some
are in another city, zakah will be paid on the portion in each
city. This applies to zakah on one's holdings. As for the
zakah at the end of Ramadan (zakat ul-fitr), it is distributed
in the city where it is due, whether the payer's holdings are
there or not. This is because this type of zakah is associated
with the person rather than with the holdings.
The topic of recipients versus non-recipients of zakah has
already been covered. It does happen, however, that a zakah
payer inadvertantly gives it to an ineligible person at the
expense of an eligible one. Upon the realization of such a
mistake, would he be considered to have fulfilled his
obligation of zakah or would it still be a debt upon him until
he pays it to the right people? The jurists differ over this
point. Abu Hanifah, Muhammad, al-Hasan, and Abu 'Ubaidah
maintain that in such a case he would not be required to pay
another zakah.
Ma'an ibn Yazid reports: "My father set aside a few
dinars for sadaqah and gave them to a man in the mosque. I
went and took them and brought them back to my father. He
said: 'By Allah! What have you done?' I consulted the Prophet,
upon whom be peace, about it. The Prophet observed: 'O Yazid,
for you is what you intended and O Ma'an, for you is what you
have taken.' " This is related by Ahmad and al-Bukhari.
The meaning of this hadith is that sadaqah is supererogatory
(nafl); however, the word ma (meaning what) in laka rna
nawayta (for you is what you intended) denotes generalization.
Abu Hanifah and Muhammad are supported in their stand by a
hadith from Abu Hurairah which reports the Prophet, upon whom
be peace, saying: "A man [from Banu Isra'il] said [to
himself]: 'Tonight I will give away something in sadaqah.' So
he went out with his sadaqah and [unknowlingly] gave it to a
thief. The next moming he was told by the people that he had
given sadaqah to a thief. [On hearing this,] he said: 'O
Allah! Praised be You. Certainly I will give sadaqah again.'
So, he went out with his sadaqah and [unknowingly] gave it to
an adulteress. The next moming he was told that he had given
sadaqah to an adulteress. The man said: 'O Allah! Praised be
You. [I gave my sadaqah] to an adulteress. Certainly I will
give sadaqah again.' Thus he went out with his sadaqah again
and [unknowingly] gave it to a rich person. The next moming
the people said that the night before he had given his sadaqah
to a wealthy person. He said: 'O Allah! Praised be You. [I
have given my sadaqah] to an adulteress, a thief, and a rich
person.' [In his dreams] he saw someone saying to him: 'The
sadaqah you gave to the thief might make him abstain from
stealing, and that given to the adulteress might make her
abstain from illegal sex [adultery], and that given to the
wealthy person might make him learn a lesson from it and spend
his wealth, which Allah, the Exalted One, has given him in
Allah's cause.' " This is related by Ahmad, al-Bukhari,
and Muslim.
The Prophet, upon whom be peace, said to a man who asked
him for sadaqah: "If you were eligible for zakah, I would
have given you your due." He (the Prophet) gave (zakah)
to two well built persons saying: "If you wish, I will
give from it [sadaqah]. There is no portion in it for a
wealthy person or a healthy individual who is eaming."
Ibn Qudamah says: "If he would have considered the
reality of the rich person, he would not have been contented
with what they said [conceming this matter]."
The opinion of Malik, ash-Shaf'i, Abu Yusuf, ath-Thauri,
and Ibn al-Munzhir is that it will not be sufficient for a
zakah payer to give it to the undeserving, especially when his
mistake becomes clear. In that case, he should pay zakah once
again to those who deserve it. His case is similar to the case
of unpaid debts (owed) to other people. Ahmad says that there
are two opinions conceming one paying zakah to a person whom
he thought was poor and later leamed was rich. The first
contends it would be considered paid, while the second says
that it would not be. When it becomes known that one who
received zakah is a slave, an unbeliever, a Hashimite (a
person from the Prophet's family), or an ineligible relative
of the zakah payer, then one has not discharged one's
obligation, the reason being that it is difficult to know who
is rich and who is poor: "The ignorant man thinks that
since they [who do not ask for] are modest they are free from
want" [al-Baqarah 273].
It is pemmissible for the person giving sadaqah to disclose
his sadaqah, whether it is of an obligatory or supererogatory
type (nafilah), so long as he does not do it ostentatiously.
However, it is preferable not to disclose it. Allah, the
Exalted One, says: "If you publicize your almsgiving, it
is alright, but if you hide it and give it to the poor, it
will be better for you" [al-Baqarah 271]. Ahmad,
alBukhari, and Muslim relate from Abu Hurairah that the
Prophet, upon whom be peace, said: "Seven people will be
shaded by Allah on the day when there will be no shade except
His. These people are: a just ruler, a young man who has been
brought up in the worship of Allah, a man whose heart is
attached to the mosque, two persons who love each other only
for Allah's sake and they meet and depart in Allah's cause
only, a person who gives sadaqah so secretly that his left
hand does not know what his right hand has given, a person who
remembers Allah in his seclusion and his eyes get filled with
tears, and a man who refuses the call of a chamling woman of
noble birth for illicit sex and says: 'I am afraid of Allah,
the Exalted One.' "
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