Praise be to Allaah.
There are eight categories on which zakaah must be spent,
which Allaah has explained clearly. He states that this is a duty imposed by
Allaah and that it is based on knowledge and wisdom. Allaah, may He be
exalted, says (interpretation of the meaning):
“As-Sadaqaat (here it means Zakaah) are only for the
Fuqaraa’ (poor), and Al‑Masaakeen (the poor) and those employed to collect
(the funds); and to attract the hearts of those who have been inclined
(towards Islam); and to free the captives; and for those in debt; and for
Allaah’s Cause (i.e. for Mujaahidoon — those fighting in a holy battle), and
for the wayfarer (a traveller who is cut off from everything); a duty
imposed by Allaah. And Allaah is All-Knower, All-Wise”
[al-Tawbah 9:60]
These eight are the categories who are entitled to zakaah and
to whom it must be paid.
The first and second are the
fuqara’ and masaakeen (the poor and needy). They should be given zakaah to
meet their needs. The difference between the fuqara’ and masaakeen is that
the fuqara’ are in greater need; one of them cannot find enough to suffice
himself and his dependents for half a year. The masaakeen are better off
than the fuqara’, because they can find half of what will suffice them or
more. These people should be given zakaah because of their need.
But how can we evaluate need?
The scholars said: They should be given what they need to
suffice them and their families for one year, because when the year has
passed, zakaah will become due again. Just as the year is the unit of time
by which zakaah becomes due, so too the year should be the unit of time by
which the poor and needy, who are entitled to zakaah, should be given
zakaah. This is a good view, i.e., we should give the poor and needy person
what will suffice him and his family for a full year, whether we give it in
the form of food and clothing, or we give him money with which to buy what
suits him, or we give him tools with which he can make things, if he is good
at that, such as a tailor, carpenter or blacksmith and so on. What matters
is that we give him what will suffice him and his family for one year.
The third is: those employed to
collect or administer (the funds), i.e., those who are appointed by the
authorities. This refers to those who are involved in the collection and
distribution of zakaah. They are the collectors who collect it from those
who have to pay it, and the ones who divide it among those who are entitled
to it, and those who record it, and so on. All of these are those employed
to collect [or administer] (the funds) who may be given some of the zakaah.
But how much of it should they be given?
Those who are employed to administer the zakaah deserve to be
paid from it in return for their work, and they should be given according to
their efforts. Based on this, they should be given zakaah commensurate with
their work, whether they are rich or poor, because they are receiving zakaah
for their work, not because of their need. Based on this, they should be
given of the zakaah what they deserve for their work. If it so happens that
those who are employed to administer the zakaah are poor, they may be given
zakaah for their work, and be given whatever will suffice them for one year
because of their being poor. They are entitled to zakaah on two counts –
because of their work in administering it and because of their poverty, so
they should be given zakaah for both reasons. But if we give them zakaah for
their work and that will not meet their needs for one year, then we should
give them more so that they have enough for one year. An example of that is
if we assume that ten thousand riyals will suffice them for one year and
ifwe give them zakaah because of their being poor they will receive ten
thousand riyals. If their share because of their work is two thousand
riyals, then we should give them two thousand riyals for their work, and
give them eight thousand riyals because of their being poor.
The fourth is: “to attract
the hearts of those who have been inclined (towards Islam)”. These are
people who may be given zakaah in order to open their hearts towards Islam,
either a kaafir who we hope will become Muslim, or a Muslim to whom we give
in order to strengthen his faith, or an evil man to whom we give zakaah so
as to ward off his evil from the Muslims, and other cases in which it is in
the Muslims’ interests to attract their hearts.
But is it necessary that he should be a leader who is obeyed
among his people, so that attracting his heart will serve a greater
interest, or is it permissible to give to attract individual’s hearts, such
as a man who has recently entered Islam and needs something to attract his
heart and strengthen his faith?
This is an issue concerning which the scholars differed. The
most correct view in my opinion is that there is nothing wrong with giving
zakaah to attract a person to Islam and strengthen his faith, even if that
is on an individual level and he is not a leader among his people, because
of the general meaning of the words “to attract the hearts of those who
have been inclined (towards Islam)”, and because if it is permissible to
give to the poor because of his physical needs, then it is more appropriate
that we should give to this one who is weak in faith in order to strengthen
his faith, because strengthening a person’s faith is more important than
nourishing his body.
These four may be given zakaah on the basis of ownership;
they may be given full ownership that is not altered if they cease to fall
into these categories during the year. They will not be required to return
the zakaah and it will remain permissible for them, because Allaah described
them as being entitled to it and says “As-Sadaqaat (here it means Zakaah)
are only for the Fuqaraa’ (poor), and Al‑Masaakeen (the poor) and those
employed to collect (the funds); and to attract the hearts of those who have
been inclined (towards Islam)”. He used the word li (innama
al-sadaqaat li’l-fuqara’ [As-Sadaqaat (here it means Zakaah) are only
for the Fuqaraa’ (poor)]…). What this means is that even if the poor
person becomes independent of means during the year, he is not obliged to
return the zakaah, such as if we were to give him ten thousand because he is
poor and that will suffice him for one year, then Allaah made him
independent of means during that year by causing him to earn money, or by
causing him to inherit from a relative who dies, and so on, he does not have
to return whatever is left of the zakaah money that he took, because it now
belongs to him.
The fifth category of those who
are entitled to zakaah is: slaves. The scholars explained this in three
ways:
(i)
A mukaatib or slave who has
entered into a contract of manumission to buy himself from his master for a
sum to be paid later. He may be given enough money to fulfil this contract
with his master.
(ii)
A slave who may be bought with
zakaah funds and set free
(iii)
A Muslim prisoner who has been
captured by the kuffaar; the kuffaar may be given zakaah funds to ransom
this prisoner. This also applies to kidnapping: if a kaafir or Muslim has
kidnapped a Muslim, there is nothing wrong with ransoming this person with
zakaah funds, because the purpose is the same, namely releasing a Muslim
from captivity. This applies if we are not able to force the kidnapper to
release him without using this money, if the victim is a Muslim.
The sixth is: those who are in
debt. The scholars divided debt into two categories: debts incurred to bring
about reconciliation, and debts incurred because of need. With regard to
debts incurred to bring about reconciliation, they gave the example of a
case where there is a dispute, conflict or war between two tribes, and a man
of good will, standing and honour comes and reconciles between these two
tribes, incurring expenses for which he takes responsibility. So we should
give this man money from zakaah, in appreciation of his great effort which
has put an end to enmity and hostility and bloodshed among believers. He
should be given zakaah regardless of whether he is rich or poor, because we
are not giving it because he is in need, rather we are giving it because he
has brought about reconciliation, which serves the common interest.
The second category of debtors is the one who is in debt on
his own account, who took a loan either to meet his own needs, and he did
not have money. His debt may be paid off from zakaah funds so long as he
does not have any wealth that could be used to pay off the debt.
The question here is: is it better for us to give the zakaah
wealth to the debtor to pay off his debt, or to go to his lender and pay it
off on his behalf?
It depends. If the debtor is keen to pay off his debt, and he
can be trusted to use what he is given to pay off the debt, then we give it
to him so that he may pay off his debt himself, because this is more
concealing and is less likely to embarrass him in front of the people who
are asking him to pay off the debt.
But if he is a careless man who wastes money, and if we give
him money to pay off his debt he will go and buy things that he does not
need, then we should not give it to him, rather we should go to the lender
and say to him: How much does So and so owe you?” then we should give him
the money or some of it, depending on what we can afford.
The seventh is: “for Allaah’s
Cause”. What is meant here is jihad for the sake of Allaah and nothing else.
It is not correct to say that it means all kinds of goodness or charity,
because if what is meant was all kinds of goodness or charity, there would
be no point in Allaah limiting it and saying (interpretation of the
meaning):
“As-Sadaqaat (here it means Zakaah) are only for the
Fuqaraa’ (poor), and Al‑Masaakeen (the poor) and those employed to collect
(the funds); and to attract the hearts of those who have been inclined
(towards Islam); and to free the captives; and for those in debt; and for
Allaah’s Cause (i.e. for Mujaahidoon — those fighting in a holy battle), and
for the wayfarer (a traveller who is cut off from everything); a duty
imposed by Allaah. And Allaah is All-Knower, All-Wise”
[al-Tawbah 9:60]
in that case this limitation (innama, translated here
as “only”) would have no meaning. What is meant by “for Allaah’s Cause” is
jihad for the sake of Allaah. Zakaah should be given to those who are
fighting for the sake of Allaah, who are evidently fighting so that the word
of Allaah will be supreme. They should given whatever they need of zakaah in
the form of money, weapons and so on. It is permissible to buy weapons for
them from the zakaah funds so that they may use them for fighting, but it is
essential that the fighting be for the sake of Allaah. Fighting for the sake
of Allaah was explained by the Messenger (peace and blessings of Allaah
be upon him) when he was asked about a man who fought for his tribe, or
because he is brave, or to show off: which of them was fighting for the sake
of Allaah? He said: “The one who fights so that the word of Allaah may be
supreme is the one who is fighting for the sake of Allaah.” The man who
fights for tribal or nationalistic reasons is not fighting for the sake of
Allaah and does not deserve what the one who fights for the sake of Allaah
deserves, whether that is material things in this world or reward in the
Hereafter. The man who fights for the sake of courage, because he loves to
fight because is brave – and the one who has a characteristic usually loves
to do that no matter what the situation – is not fighting for the sake of
Allaah either. The one who fights to show off is fighting to earn a
reputation, and he is not fighting for the sake of Allaah. None of them are
fighting for the sake of Allaah, so they are not entitled to zakaah, because
Allaah says “and for Allaah’s Cause”. The one who is fighting for
Allaah’s Cause is the one who is fighting so that word of Allaah will be
supreme.
The scholars said: “for Allaah's cause” includes a man who
devotes his time to seeking Islamic knowledge. He may be given zakaah for
whatever he needs of maintenance, clothing, food, drink, accommodation and
books of knowledge that he needs, because Islamic knowledge is a kind of
jihad for the sake of Allaah. Imam Ahmad (may Allaah have mercy on him)
said: “There is nothing equivalent to knowledge for one who has the right
intention.” Knowledge is the basis of all sharee’ah, and there is no
sharee’ah except with knowledge. Allaah revealed the Book so that people
would establish justice and learn the rulings of their religion and what
they are required to believe, say and do. With regard to jihad for the sake
of Allaah, it is one of the noblest of deeds, and it is the pinnacle of
Islam, and there is no doubt concerning its virtue, but knowledge is
extremely important in Islam, and there is no doubt that it may be included
under the heading of jihad.
The eighth is: wayfarers, i.e.,
travellers who are cut off from everything and have no money. Such a
traveller may be given enough zakaah to enable him to reach his homeland,
even if he is rich in his own country, because he is in need. In this case,
we do not say that the traveller has to borrow money and pay it back,
because in this case we would be imposing a debt on him. But if he chooses
to borrow and pay it back, and not take the zakaah, then it is up to him. If
we find a person who is travelling from Makkah to Madeenah, and he loses his
money (and supplies) and does not have anything, but he is rich in Madeenah,
then we should give him just enough to help him reach Madeenah, because this
is what he needs, and we should not give him any more than that.
Now that we know the eight categories to whom zakaah may be
given, zakaah should not be spent on other interests, whether public or
private. Based on this, we should not use zakaah to build mosques, repair
roads, build libraries and so on, because when Allaah mentioned the
categories of those to whom zakaah may be given, He said (interpretation of
the meaning): “a duty imposed by Allaah. And Allaah is All-Knower,
All-Wise” i.e., these categories have come as an obligation from Allaah.
“And Allaah is All-Knower, All-Wise.”
Then we say: must zakaah be given to each of these
categories, because the word wa (and) implies all?
The answer is that this is not obligatory, because the
Prophet (peace and blessings of Allaah be upon him) said to Mu’aadh ibn
Jabal (may Allaah be pleased with him), when he sent him to Yemen: “Teach
them that Allaah has enjoined on them charity (zakaah) from their wealth, to
be taken from their rich and given to their poor.” The Prophet (peace
and blessings of Allaah be upon him) mentioned only one category, which
indicates that in this verse Allaah explained those on whom zakaah may be
spent, but it does not mean that zakaah must be given to all of them at the
same time.
If it is said: which of these categories should be given
priority with regard to zakaah? We say: Priority should be given where the
need is greatest, because all of them are entitled, so whoever is in greater
need should be given priority. Usually the ones who are in greatest need are
the poor and needy, hence Allaah started with them and said (interpretation
of the meaning):
“As-Sadaqaat (here it means Zakaah) are only for the
Fuqaraa’ (poor), and Al‑Masaakeen (the poor) and those employed to collect
(the funds); and to attract the hearts of those who have been inclined
(towards Islam); and to free the captives; and for those in debt; and for
Allaah’s Cause (i.e. for Mujaahidoon — those fighting in a holy battle), and
for the wayfarer (a traveller who is cut off from everything); a duty
imposed by Allaah. And Allaah is All-Knower, All-Wise”
[al-Tawbah 9:60]
And Allaah knows best.
Majmoo’ Fataawa
Ibn ‘Uthaymeen
(18/331-339).