18- Important Lessons - Chapter 5 - Pillars of Islam part 3 - Zakaah Recipients
From the works of Imam Abdul-‘Aziz Bin Baz Rahimahulah Ta’ala
Presented by Sheikh Saleh As-Saleh Hafithahulah Ta’ala
Bismilah, Al-Rahman Al-Raheem. Alhamdulilahi Rab Al-‘Alameen wa
salla Allahu ‘ala Muhammedan wa ‘ala aalahi wasahbihi wassalam.
In the name of Allah, the Most Beneficent, the Most Merciful. All praise
is due to Allah, the Lord of all that exists. I testify there is no true God
worthy of worship except Allah and that Muhammed is Allah’s true
Slave and Messenger. May Allah’s salah and Salam be upon the
Prophet, his pure family and his noble companions and those that follow
on their path until the day of resurrection. May Allah subhanahu wa
ta’ala make us from them. Wal-hamdulilah Rab Al-‘Alameen.
Ahlul-Zakat – the recipients of Zakat. They are 8. Allah Ta’ala says:
At-Tawbah (9)-60: As-Sadaqât (here it means Zakât) are only
for the Fuqarâ' (poor), and Al-Masâkin (the poor) and those
employed to collect (the funds); and for to attract the hearts
of those who have been inclined (towards Islâm); and to free
the captives; and for those in debt; and for Allâh's Cause (i.e.
for Mujâhidûn - those fighting in the holy wars), and for the
wayfarer (a traveller who is cut off from everything); a duty
imposed by Allâh. And Allâh is All-Knower, All-Wise.
Therefore, these are the beneficiaries and it is not permissible to give the
Zakat to other than them because the restriction affirms the ruling and
thus it is not permissible to give the Zakat for the construction for
masaajid nor for the construction of schools or infrastructure etc. because
Allah ta’ala ordained this specifically in this aya.
The Recipients are:
1) Al-Fuqara’ – They refer to the poor-those who find less then half
of what they need or they don’t even have that.
2) Al-Masakin (the needy) – those who find half of what they need
but less then what is sufficient (i.e. their entire need).
For example, someone receives an annual sum of 5000 while he has
spent 10000 in the year, in this year he is from the miskeen- because
he finds half of his spending. And if his annual salary is 4000 and he
spends 10000, then he is from the Al-Fuqara’. And if he doesn’t
have a job then he is also poor and called Al-Faqeer because he is
empty handed. It’s origin in the Arabic comes from the word AlQatil – referring to unpopulated land.
Now, when we said earlier about the Miskeen-those who don’t find half
of what they need or less than what is sufficient and what is sufficient
here covers themselves and those under their care. Not only that which is
sufficient for food, drink, housing, clothing, it also covers his Nikah, if
he needs to marry. If he has what he needs for food, drink, clothing and
housing but he doesn’t have what is sufficient for the maher (dowry),
then he is to be given from the Zakat to cover the maher.
Also, if he has what is sufficient for him from his food, drinks, clothing,
housing but he is a student of knowledge who needs to buy books, then
in this case we give him what is needed to cover his needs of books only.
If he is to be given that which is needed for his physical nourishment,
then he is also to be given that which is needed for his spiritual
nourishment. But he is not to be given Zakat to establish a special study
room, huge library and the like but rather to give him what is sufficient
for him in seeking the knowledge only.
If on the other hand, a man is able to work and earn a living but he
doesn’t have money; meaning he intends to devote full-time toward
seeking knowledge. This person can be given from the Zakat, because
seeking knowledge is a kind of jihad in the cause of Allah. And this
supports Shaikh Al-Islam Ibn Taymiyyah’s position regarding the
permissibility to have wagers given in competition of knowledgemeaning we will reward you if you get the right answer in some way,
even though many other scholars were against this and said wagers were
limited to 3 types:
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

Racing camels
Horses
Shooting arrows
As reported by Abu Dawuud and it is authentic. So Shaykh al-Islam Ibn
Taymiyya rahimahulah considered it was also permissible for the
students of knowledge because seeking knowledge is one kind of jihad in
the cause of Allah. Allah ta’ala considered it as an act from jihad in His
saying:
At-Tawbah (9)-122: And it is not (proper) for the believers to go
out to fight (Jihâd) all together. Of every troop of them, a
party only should go forth, that they (who are left behind)
may get instructions in (Islâmic) religion, and that they may
warn their people when they return to them, so that they may
beware (of evil).
Therefore, the correct opinion is that of Shaikh Al-Islam Ibn AtTaymiyya rahimahulah. However, if someone who’s able to work but he
loves worship; for example he wants to fast a day, break a day, fast
another day etc. or to pray in the latter third of the night, then we don’t
give this one the Zakat because the benefit of the worship is limited to
the worshipper and it does not transcend him as is the case with regards
to those who seek knowledge and dissipate that knowledge.
That is why it is said that the death of a scholar is more intense upon
Shaitan than the death of 1000 worshippers. It is said that the soldiers of
Shaitan say to him, ‘why are you pleased with the death of the scholar
and not pleased with the death of the worshipper? He said I will show
you. So he went to the worshipper and asked the question: is Allah able
to fit the heavens and the earths inside of an egg. So the worshipper said:
no he is unable. Then he went to the scholar and asked him the same
question: and the scholar said if he wants something to be done he will
say Qun fa yakun- be and it will be.
3) The collectors of the Zakat fund. This refers to 3 types of people:
1) Those that collect the Zakat.
2) Those who keep record of the Zakat.
3) Those who distribute the Zakat to the recipients.
It is not conditional that people from this category are to be poor; they
are to be given from the Zakat even if they are rich, because they work
for the benefit of al-Zakat and not for their own need.
Now, suppose they are Fuqarâ and what is allocated to them for their
effort is not enough for their sustenance of themselves and those under
their care. From this angle, they take from the Zakat for 2 reasons:
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Their work for Zakat
Their poverty.
4) Wal Mu’alafati Qulubahum – Zakat kuffar whom we desire to incline
or attract hearts for:
1) Islam by the giving of the Zakat. So he will be given from the Zakat
because this will give him life to his heart and life for his hereafter.
The one who fits these categories aren’t just based on mere hope, but
there should be some indications for his inclination toward Islam. For
example, he requests books, tapes and is asking questions about Islam
and the like. So there must be a foundation for this hope, otherwise
it’s just wishful thinking and imagination.
2) The evil from some people that is hoped to be warded off from the
giving of the Zakat meaning the Zakat may be given to the evil person
who’s actions are dangerous to Muslims and their wealth and their
honor so he can be given to ward off his evil.
3) Someone if given the Zakat will keep him steadfast and increase his
Imaan like someone whose faith is weak or being negligent in
performing the salat or negligent in giving the Sadaqah or in the
performances of Hajj and Siam etc. So if he is given to preserve his
life and body, then to be given to preserve his deen by all means takes
priority.
5) Wafir Riqaab also has 3 types:
1) This refers to the male or female slaves who made written contracts
with their masters to buy off their freedom. These are contracted
slaves whose freedom is secured with the payment of Zakat.
2) The Muslim captive with the kuffar also falls in this category, Zakat
can be given to save and release him, and this captive may be taken by
the kuffar due to war in fighting or by abduction.
3) To buy a slave from the Zakat funds in order to free him. However, if
a slave is freed by his master so that he could calculate that in his
Zakat then this is not permissible.
6) The one in debt. This is of 2 types:
1) One who is in debt on account of a personal loan he took and
is unable to pay it off. This is a debt for himself. In this case,
the debt can be paid from the Zakat fund.
2) The one who is in debt due to his efforts to reconcile between
people or groups/parties who have enmity or fitnah between
them, so he comes to reconcile except by spending some
money so for example he says I take it upon my self to pay
each one of you ten thousand, but with the condition that you
meant it. This situation will reconcile them, and this person is
now in debt for this benefit for others, therefore here can be
given from the Zakat fund to fulfill the debt. In this case he
will be given 20, 000. Suppose he pays from his own money,
then is he entitled to be given Zakat money? He is not in debt
now, so there is no money for him from Zakat. Suppose he
fulfills from his money with the intention of referring to the
people of Zakat. Then in this case he is to be given. Allah
ta’ala says:
An-Nisa’ (4)-114: There is no good in most of their secret talks
save (in) him who orders Sadaqah (charity in Allâh's Cause),
or Ma'rûf (Islâmic Monotheism and all the good and
righteous deeds which Allâh has ordained), or conciliation
between mankind
Now suppose this person who makes this effort to reconcile is rich, then
the one in debt for the reconciliation is to be give because being poor is
not a condition to for receipt of Zakat in this case because we give him
for the fact that we need him in society because of the good he brings.
An example concerning the debt on account of a personal loan that he is
unable to pay: someone is in debt for 10,000 and his monthly salary is
1000, and what he needs to take care of himself and those under his care
is 1000 per month, should we pay him ten thousand to close his debt? Is
he considered in this case entitled from the first category? Yes of course,
because now he is poor from the side of being unable to pay back so we
don’t give him of the Zakat because of his poverty in terms of our
definition of poverty earlier, why? Because his salary is sufficient for
him but rather we give him because of the debt that he owes and is
unable to pay.
Now, someone falls in debt in that which is haram. Can we give him
from the Zakat? If he repents, then we give him, otherwise we don’t.
Because if we give him and he did not repent, then this would be helping
him in that which is forbidden.
What about the dead person who died in debt who did not leave wealth
behind to close his debt, so he died while in debt. The scholars differed
regarding the payment from Zakat under this situation (if he has wealth
behind, his heirs will close the loan from that property or whatever it was
that he left). The majority of the scholars are of the opinion that it is not
permissible to pay for him that which he owes and they cited as
evidence:
That the people would bring to the Messenger sallah Allahu ‘alayhi
wassalam the deceased and the Prophet salla Allahu ‘alayhi wassalam
would ask: Does he have something to pay it off? If they said yes, he
sallah Allahu ‘alayhi wassalam would proceed and make the funeral
prayer. If they said no, then he wouldn’t make the funeral prayer. He
would say: Salli ‘ala sahibakum – meaning pray (the funeral prayer) on
your companion. Then, after wealth became abundant he sallah Allahu
‘alayhi wassalam said:
Whoever left a debt then its fulfillment is upon me.
It is known that in the beginning, he sallah Allahu ‘alayhi wassalam yet
he did not fulfill or pay from it to close these debts and had this been
permissible, he would have done this in order to pray the funeral prayer
for the deceased as he used to do afterwards. Also, it is to be said that
the living takes precedence because the debt is harmful upon him and the
dead had proceeded to his accountability. If he took his loan intending to
pay it back, Allah ta’ala will pay it back on his behalf, but if he took it
not intending to do that, then Allah wouldn’t as in the hadith: whoever
takes the wealth of people intending to fulfill it and pays it back, Allah
will do that on his behalf and this is reported in Sahih Bukhari. This is
the correct opinion.
The second opinion said by some of the scholars and from them is
Shaykh Al-Islam ibn Taymiyyah rahimahulah that it is permissible to pay
off the loan on behalf of the dead from the Zakat if he did not leave a
property or wealth that would close such a loan, but as you see is that the
stronger and correct opinion is that from the consensus of scholars.
7) ‘Fi Sabeel Ilah’ – in the cause of Allah. This is restricted to the jihad
for the cause of Allah. Some of the scholars considered that fi sabil
ilah covers all ways of good, however the consensus of scholars is that
what is intended here is the particular from jihad, so the mujahideen
will be given from the Zakat and that is what is sufficient for their
weapons etc and this is the correct opinion. Because if we say that this
is open for all ways of good, then restriction would have no meaning.
Yet the beginning of the verse began with a restriction for the 8
classifications, so if we take the opinion ‘open for all ways of good’
then the restriction would have no meaning or benefit. Now, seeking
knowledge is from the jihad fi sabil ilah so they are entitled.
8) Wabni Sabil – For the wayfarer. A traveller, who is stranded and
becomes short for funds and/or has become disconnected from
everything. This refers to the traveller. So we give this traveller from
the Zakat even though in his own country or town, he may be of the
richest because in his travels he was cut off, so becomes of the needy.
We don’t tell him under these circumstances, you are rich go and take
a loan. How much is he to be given? He needs to be given that which
does not diminish of his rank and status. And there is no difference in
this situation whether he’s on a long journey or a short journey.
What if his travel is for something haram? Then in this case he is not to
be given from the Zakat particularly unless he repents. So we tell him to
repent to Allah and we will give you. So he will benefit from 2 things
here, the repentance and the fulfillment of his immediate needs.
Suppose this person wants to travel and he wants to initiate this travel
from his hometown and he says he needs to travel to Medina for example
and he doesn’t have funds, in this case we don’t give him as a wayfarer,
however if his travel for Medina is a necessity then we give him from
another angle and that is his poverty. So we give him that which will
take him to Medina and bring him back.
Now suppose a person has a large family, then he is to be given that
which is sufficient for them all. Suppose that living expenses are high
and he needs 100000 every year, then we give him 100000.
This verse has certain matters to be discussed:
1) The Zakat is payable to these categories. Now, is it permissible to
restrict paying the Zakat to every individual of each category? Or is it
permissible to give it to an individual of each category? The correct
opinion is that it is permissible to limit it to an individual of each
category. What is intended in the meaning is it does not mean that you
pay for all the poor in the category of the poor. If we take in general,
this would necessitate that it would cover all the poor in the country
and this is incorrect.
2) Is it a must to cover and distribute among all the categories
mentioned? The ‘ulama differed regarding this matter and the correct
opinion is that it is permissible to restrict it to one category. And this
is evident from the hadith of Mu’adh bin Jabal radi Allahu ta’ala ‘anhu
who narrated from Ibn ‘Abbas when the Prophet sallah Allahu ‘alayhi
wassalam sent him to Yemen and told him to tell the people of the
book that if they accept Tawheed, then ordain upon and teach them the
salaat, then if they accept that, tell them that Allah ordered upon them
charity in their wealth to be taken from their rich and given to their
poor. He he didn’t mention but one category out of the 8, and
therefore the distribution of the Zakat can go to one category of the 8
or to 1 individual. This would be sufficient.
It is a Sunnah to distribute the Zakat to one’s needy relatives, when it is
not binding upon him to spend upon such as the spending on one’s
brother, uncle, maternal uncles, paternal uncles or aunts etc. So if they
are people from the beneficiaries of Zakat then it is Sunnah and it is
better even to give the Zakat to them, because the Prophet sallah Allahu
‘alayhi wassalam said:
Your charitable gift to your relatives is a charity and a maintaining
of relationship with them.
So it combines 2 matters. The donors own dependants whom he must
maintain are not entitled to his or her Zakat.
Why isn’t it permissible if they are dependants where it is binding upon
him to spend upon them?
Because in this case, his spending of the Zakat on them drops what is
obligated upon him and this is forbidden. It is not permissible for the
person to drop that which is obligated upon him by way of Zakat or
expiation to give it to those upon whom he maintains.
For example: It is a must upon me to maintain those under my care and
spend upon them. If I was to give them from the Zakat which would be
sufficient for them for one year (more or less), then it is not permissible
to give them. If it does make them sufficient then my duty to spend upon
them is dropped. A duty has been dropped from me, and that is why it’s
forbidden.