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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