Source: Sharh Akhsar Al-Mukhtasarāt fil-Fiqhi ‘alā Madhhab Al-Imām Ahmad Ibn Hanbal, explanation of Shaikh Al-Fawzān; Audio part 24, dated: 1428AH/2/16. The following is a series a questions and answers with this noble scholar:
Q 1: The giving of optional charity (non-Zakāh), is it allowed to give it to Banu Hāshim (the relatives of the Prophet, ﷺ)?
A: No, it is not allowed due to the general understanding of the hadeeth. They are not allowed to receive sadaqah but they are allowed to receive gifts. The Prophet (ﷺ) would accept gifts.
Q 2: Is the forbiddance of receiving Zakāt for Banu Muttalib also?
A: What is correct is that Banu Muttalib are allowed to be recipients of Zakāt, but not Banu Hāshim. It is Banu Hāshim specifically that are forbidden from receiving Zakāt.
Q 3: What is correct way of giving Zakāt to the non-Muslim as it is from the categories of Zakāt so as to incline their hearts to Islam?
A: This category of payment is not for you, it is for the Ruler to decide upon. It is the Ruler who gives the unbelievers the Zakāt to turn their hearts towards Islam. Individuals in society are not to enter this arena.
Q 4: If a person who owns a company lives in the lands of the non-Muslims – so the state takes from his wealth taxes annually by obligation. So does he pay Zakāt on his wealth before or after the state takes its taxes?
A: If he pays the taxes before the annual Zakāt is due then he deducts that tax from his wealth and pays the Zakāt. But is he is taxed after his annual Zakāt is due, then he pays upon all of his wealth.
Q 4: It is said that if Banu Hāshim are from those who are appointed as the collectors of Zakāt or its distribution, then they can take from the Zakāt because the collectors of Zakāt are from the categories of those who receive it?
A: Yes, this is correct because they are from those who administer and collect it. So if Banu Hāshim are from the distributors of the collected Zakāt or Sadaqah, then they receive it. They are not given a portion of it as charity, but as a salary. The administrator is given a share even if he is wealthy as a wage for his work not as a charity or as Zakāt.
Q 5: I would give Zakāt al-Fitr as only one kilogram as I was ignorant as to what constitutes a sā’ (i.e. four cupped handfuls) – so what is upon me now?
A: Upon you is to discharge the correct amount now, which is two kilograms, so make it up to two kilograms.
Q 6: There is a divorced woman and she has children from the man who divorced her, and their father does not provide for them – so she works and spends upon them. If she allowed to provide for them through her own Zakāt?
A: No. Their provision is upon their father. The father should be asked to provide for them.
Q 7: A youth has received a judgement against him of retribution for killing someone. So the family of the victim agreed to forgo the punishment in favour of blood-money (compensation) which amounted to ten million [Saudi Riyals], so is permissible give him one’s Zakāt [to help him pay the blood-money]?
A: I don’t know as this is excessiveness in payment. Ten million?? I do not know of this affair. This opens a door for the people to turn the blood-money compensation (diyah) into a business… it is not correct to open this door in this manner – that the people become greedy for this. The Prophet (ﷺ) said: “The one who is killed by a killer, then the family of the victims have one of two options: either retribution or compensation (blood-money).” The diyah is known. It is a hundred camels or its equivalent in Dirhams. As for these excesses, then if one was to exceed slightly with something that one can tolerate or is easy, then then is no harm in that. As for what reaches ten million, or twenty million or a hundred million or even a thousand million, then all of this opens a door for the people to turn the paying of blood-money (diyah) into a business.
Q 8: Is it allowed for me to pay Zakāt to my brother or my father if they are living in a house separate from me, and they are in need.
A: No, rather you should spend upon them from your wealth, even if they live in a separate house to you. If you are able and he is poor, then spend upon him, even if he lives in house separate from you.
Q 9: I man wishes to pay Zakāt but he does not have the wealth to do so. Is it allowed for him to take a loan to pay the Zakāt?
A: No. He is not obligated – if he was to take a loan, and pay it, then fine. But he is not obligated. However, the Zakāt remains his responsibility to pay when he is able, and that is a debt he is responsible for. So when he is able he must pay it.
Q 10: It is reported from Ibn Taymiyyah that a father can pay off the debts of his son from his Zakāt, and not from his capital wealth (from provision).
A: Yes that saying has a valid perspective, so he (the father) pays it to cover a debt and not as provision because he is from those in debt (ghārimeen), so the fatwa of the Shaikh has validity. However, according to the madhhab (i.e. the Hanbalis) it is not allowed at all.
Q 11: In these times there is no fay or war booty, so can the household of the Prophet (ﷺ) receive Zakāt instead?
A: It upon the Muslim ruler to look into their case.
Q 12: What is the ruling of giving one’s zakāt to one’s paternal uncles?
A: There is no harm in that since they are not obligatory recipients of his maintenance/provision.
Q 13: What is the ruling upon singling out Friday for giving in sadaqah?
A I do not know of this affair of singling out Friday with sadaqah. I do not know.
تأليف الشيخ العلاَّمة: عبدالقادر بن بدران رحمه الله
شرح معالي الشيخ العلاَّمة: صالح بن فوزان بن عبدالله الفوزان سلمه الله
Note of benefit:
The eight categories mentioned in the Qur’aan (At-Tawbah 9:60):
- The very poor (fuqaraa)
- The needy (masakeen)
- Those employed to collect it (to meet their needs)
- To attract the hearts of those non-Muslims who are inclined towards Islaam
- Freeing captives
- Helping those in genuine debt
- To the governmental army of a Muslim country
- The traveller to help him reach his destination
[arabic-font]إِنَّمَا الصَّدَقَاتُ لِلْفُقَرَاءِ وَالْمَسَاكِينِ وَالْعَامِلِينَ عَلَيْهَا وَالْمُؤَلَّفَةِ قُلُوبُهُمْ وَفِي الرِّقَابِ وَالْغَارِمِينَ وَفِي سَبِيلِ اللَّهِ وَابْنِ السَّبِيلِ ۖ فَرِيضَةً مِّنَ اللَّهِ ۗ وَاللَّهُ عَلِيمٌ حَكِيمٌ – 9:60[/arabic-font]
“As-Sadaqaat (here it means Zakat) are only for the Fuqara’ (poor), and Al-Masakin (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 Allah’s Cause (i.e. for Mujahidun, the armies of the Muslim countries), and for the a traveller who is prevented from reaching his destination; a duty imposed by Allah. And Allah is All-Knower, All-Wise.” (9:60)