01st Rabi’ al-Awaal 1444AH
Assalamu alaykum warahmatullahi wabarakaatuh!
Abu Huraira (RA) reported that a man asked the Prophet (SAW) about what charity is rewarded most. The messenger of Allah (SAW) said: “(The charity that is most rewarded is) To give when you are healthy, anxious to accumulate money, afraid of poverty and hoping for wealth, not waiting until you are on your death bed to say: give this (money) to so and so and this to so and so and this person had that ” (Al-Bukhari).
Distribution of Zakah Collection
Ziad bin al Harith al Sada’i reported that “A man came to the Prophet (SAW) and said, ‘Give me some of the proceeds of the sadaqah.’ The Messenger of Allah (SAW) said, ‘Allah does not leave the distribution of the sadaqah to a Prophet or anyone else. He Himself ordains the distribution to eight categories. If you are in any of these categories, I will give you what you deserve'” (Abu Daud).
There are eight categories of people entitled to receive Zakah proceeds as Allah directs that “The sadaqat are for the poor and the needy, and those employed to administer the funds, for those whose hearts have been recently reconciled to Truth, for those in bondage and in debt, in the cause of Allah, and for the wayfarer. Thus, is it ordained by Allah, and Allah is full of knowledge and wisdom” (Q9:60).
Zakah proceeds should be distributed to none but the following:
1. The Poor (al-Fuqara’) &
2. The Needy (Miskin)
The poor and the needy are the first two categories mentioned in sura al Tawbah, for Zakah distribution which illustrates that the first target of zakah is to eliminate poverty and destitution from society. This purpose of zakah, being the most important, is mentioned alone in some sayings, such as the saying narrated by Mu’adh, when the Prophet (SAW) sent him to Yemen: “Inform them that Allah has prescribed on them a sadaqah, taken from the rich among them and rendered to the poor among them.”
The definition of who the poor or the needy is, is not generally agreed among scholars. Away from the scholarly arguments, some have simplified the distinction between the two to be as follows:
• The poor mean a homeless person, anyone who does not have the funds to live a stable life, feed themselves and their family, go to the doctor when they need to and grow up to be a productive citizen falls under this category.
• The needy (al-masâkîn), someone who is in difficulty; someone in need might not necessarily be poor. Some people are forced from their homes by war or natural disasters. Or imagine a mother who gets sick and cannot take care of her children.
This distinction is critical in order not to give Zakah to the rich as the objective is to alleviate the sufferings of the poor and needy.
3. The Zakah collectors/officers (Ameleen)
Workers in the collection and distribution of zakah are the third category of Zakah recipients. This term stands for all those serving in the field of collecting, storing, guarding, registering and distributing Zakah. They are appointed by the official bodies or Islamic organisations. They shoulder all Zakah related activities including introducing the regulations of Zakah. They are made recipients in order to avoid any possible attempt on their part to impose additional duties on zakah payers for their own benefit. This emphasizes the autonomy of the zakah institution. It is part of the social structure of the Islamic state and not an individual practice or an activity of a certain religious body.
To ensure sincerity on the part of Zakah administrators, collection of gifts are unlawful. In as much as officers are required to declare everything they collect and put in the zakah fund; they are forbidden to accept gifts from zakah payers. Any such gift is considered a bribe, because it may influence the estimation of zakah due, at the expense of deservants. Abu Hamid al Sa’idi (RA) says the Prophet (SAW) appointed a man from the tribe of al Azd named Ibn al Lutbyyah on sadaqah collection. When he came back, the collector said, “This is yours, and this was given to me as a gift.” The Messenger of Allah (SAW) stood [addressing the gathering] and praised and thanked Allah, then said, “I employed a man from you at a job that Allah gives me control over. Then he comes and says ‘This is yours and this is a gift that was given to me.’ Why does he not sit in his father and mother’s house and wait for his gift to be brought to him, if he sincerely thinks [that it is an innocent gift on their part]?! By Allah, nothing any of you takes without true right, but when you face Allah on the Day of Judgement will be carried by you. Let me not recognize any of you coming before Allah carrying a camel that is shouting or a cow that is mooing or a sheep that is bleating.” Then he raised his two hands so high that the whiteness of his underarms was seen, and said, “O my Lord, did I inform them?” (Bukhari, Muslim, and Abu Daud).
4. The Muslim who recently converted into Islam (Muallafah)
The majority of jurists held that this category has the right to receive Zakah, even though they are not in need. In this category are:
· People expected to be Muslims who adopt the Islamic moralities, but they are not yet Muslims, or those who have the ability to convince other people to embrace Islam.
· Those who have recently been brought to Islam, or who need to strengthen their commitment to this faith, not only financially but also morally, to cope with their new conditions of life. This can be realized through establishing social and scientific institutions to provide them with the appropriate climate.
· Individuals whose evil can be forestalled or who can benefit and defend Muslims.
Distribution to this category is not, by nature, a job that individuals acting independently can undertake. It is a political decision made by the decision-making body of the state or Zakah organization (in the absence of an Islamic State). Only the State (or the governing body of a Zakah organization) can determine the need at a given time for reconciling hearts and the qualifications of those to enlist under this title.
One group in this category is that of individuals who are close to becoming Muslims, or whose clans may become Muslim, like Safwan bin Ummayyah who was granted safety by the Prophet (SAW) the day Makkah was conquered. The Prophet (SAW) gave him so many camels loaded with goods after the battle of Hunain that he said, “This is the giving of one who fears not poverty.” Muslim and Tirmidhi report from Sa’id bin al-Musayyib from Safwan his statement, “By Allah, when the Prophet gave me, he was the person I hated most. He continued to give me until he became my most beloved person.” Safwan became a committed Muslim.
Ahmad reports from Anas that “Never was the Messenger of Allah (SAW) asked to give anything for accepting Islam but he gave it. A man once came and asked to be given something for accepting Islam. The Messenger ordered him to be given enough sheep to fill the distance [between two hills] from the sheep collected as sadaqah. The man went back to his clan saying, ‘O my folks, accept Islam, for Muhammad gives like one who fears not poverty.”
5. The Emancipated slave (ar-Riqab)
Spending zakah in liberating slaves may take two forms:
I. This Zakah can be used to help a contracted slave pay his master. A contracted slave (al ‘abd al mukatab) is a slave who has an agreement with his master that upon paying the master an agreed upon amount, the slave gains freedom. Allah orders Muslims to contract slaves who desire liberating contracts. God also ordains Muslims to help slaves provide the contractual ransom to their masters. Allah says, “and if any of your slaves ask for a deed in writing [to enable them to earn their freedom for a certain sum] give them such a deed if ye know any good in them; yea, give them something yourselves out of the wealth which Allah has given you.” (Q24:33) In other words, Allah also orders the masters to help slaves pay their contractual sum. In addition to this, Allah assigns a share of zakah for liberating slaves.
II. The second way of liberating is to buy the slave with the proceeds of zakah and liberate him or her. This can be done by the state, a zakah payer, or a group of zakah payers together.
6. The Debtors (Gharemeen)
According to the Hanafite school, this category of Zakah beneficiaries includes all who do not own nisab above what is needed to pay their debts. On the other hand, Malik, al Shafi’i, and Ahmad distinguish between two kinds of debtors, those whose debts are for personal use and those whose debts are caused by their social and political responsibilities. This distinction implies differences in the ruling of those two categories, and each shall be discussed alone.
As for debts arising from personal use, the following rules apply:
I. The debtor must be in need of financial aid. Persons who own wealth sufficient to cover their debts may not be given from Zakah. Individuals who do not own sufficient wealth but can pay their debts from their earnings may still be eligible for Zakah on the grounds that repaying the loans from their income would take time.
II. The debt must have stemmed from Islamically lawful activity, such as borrowing to support the family. Loans used for prohibited practices, such as consumption of alcoholic beverages, or extravagance in lawful items cannot be paid with Zakah.
III. The debt must be due immediately. If the debt is deferred, scholars differ on whether the debtor may be given zakah. Some disapprove of this and others approve if the debt is due within one year. On the other hand, some scholars argue that debtors of deferred loans may be given zakah regardless of the due date of their loans, on the grounds that they are included in the general definition of individuals under debt.
As for debts incurred to achieve social reform, such as the amounts paid as blood money or compensation for damages shouldered by a person to bring about reconciliation between two or more contesting parties. Such debtors would receive Zakah, even though they are not in need.
A debt incurred as a result of guaranteeing the repayment of a debt owed by others, in case both the guarantor and the debtor are incapable to repay.
The indemnity incurred as a result of manslaughter, provided that neither the family of the accused nor the public treasury is able to afford it. However, no Zakah is paid for indemnity incurred as a result of premeditated murder. It is recommended to establish special funds other than Zakah that aid those required to pay indemnities resulting from traffic accidents.
7. Allah’s cause (Fi-Sabi Lillah)
This category of fi sabil Allah is open-ended as it is said to include any act that is embarked upon for the sake of Allah. However, disagreements exist as to its boundaries. The Malikite view this category of Zakah fund distribution more from the perspective of the area and purpose rather than the person that can benefit from it. They hold the following views:
I. “In the way of Allah” is restricted to fighting and guarding Muslim land.
II. They approve of giving fighters and border guards even if they are rich. The Prophet says, “The sadaqah is not lawful to any rich person except in five cases …” and he mentions the fighter for the sake of Allah.
III. Zakah fund is allowed for general spending for military purposes, such as buying arms and horses, and building barracks and military ships.
Majority of the scholars are agreed that it is not permissible to spend Zakah on public interests or general good deeds such as irrigation canals, dams, mosques, schools, roads, and highways, etc. These must be paid for from other sources of funds available to the State.
8. The Wayfarers (Ibn al Sabil)
A wayfarer is a traveler who has not enough money to return home. He has a right to receive Zakah on the following conditions:
I. He should be in a country other than his homeland. In case he is in need inside his homeland, he will be treated as poor or needy, but not a wayfarer.
II. He should have left his homeland for a lawful purpose; otherwise giving him money will support evil-doing.
III. He should suffer from the lack of money while traveling, even though he is counted among the rich in his country. In case he has money in the form of a deferred debt, or a debt owed by someone who is not there at the time of need, or an insolvent person, or even by a person who denies the debt, this wayfarer is entitled to receive Zakah.
O servants of Allah! Be strengthened by the increased knowledge you have gained in the subject of Zakah and, if you have the capability, be willing and happy to fulfill the obligation of Zakah. Anything short of willing compliance can be counterproductive as narrated in the Qur’an where Allah directed His Rasul (SAW) to “Say: Expend [in obedience to Allah] willingly or unwillingly; what you expend shall not be accepted from you; you are surely a wicked folk. And nothing prevents their expenditure from being accepted from them except that they have disbelieved in Allah and His Messenger, and that they do not come to [perform] prayer except in a lazy state and that they do not expend without their being reluctant [to expend, for they consider it a financial penalty]. Q9:53-54.
Our Lord, punish us not if we forget or fall into error; Our Lord, lay not on us a burden like that which You laid on those before us; Our Lord, put not on us a burden greater than we have strength to bear. Pardon us and grant us forgiveness. Have mercy on us. You are our Patron. And give us victory over the disbelieving people.
Walhamdu Lillahi Rabbil A’alamiin.
Suleiman Zubair
