39.1. CHAPTER: PAYMENT OF ZAKAT
There are eight groups of people who can receive zakat:
“Chapter”: After discussing the laws of zakat, it is appropriate that the author now mentions the different groups of people who are deserving recipients of zakat. Allah mentions them in the Qur’an. Therefore, it must be given to these groups of people that Allah has singled out as worthy of zakat. Giving to any others will nullify the zakat and he shall still be held liable for it. Hence, this chapter is an important one, not least for the fact that the task of identifying the rightful recipients was not left to the Prophet M but instead Allah did so. Therefore, one must strictly adhere to this injunction and distribute zakat to the deserving ones only.
“There are eight groups of people who can receive zakat”: As mentioned in Surah Tawbah, ayah sixty: {Zakat expenditures are only for the poor and for the needy and for those employed to collect [zakat] and for bringing hearts together [for Islam] and for freeing captives [or slaves] and for those in debt and for the cause of Allah and for the [stranded] traveler – an obligation [imposed] by Allah. And Allah is Knowing and Wise.} It is not permissible to distribute zakat to other than these eight groups (asnaf) of people. This is because Allah has limited the distribution to only these groups of people and no one else through the use of the word “innama” (only for) in this ayah.
Al-fuqarah are those who do not have anything or who possess an amount which does not amount to half of their basic needs. Al-masakin are those who possess enough to meet most of their basic needs or have at least half of it. Al-’amilun ‘alayha are those who enforce and preserve zakat.
The first group: “Al-fuqarah are those who do not have anything or who possess an amount which does not amount to half of their basic needs”: These are the poor. Allah mentions them first with regards to those deserving of zakat. It is distributed to them so that they can fulfil their basic needs for a year. {Zakat expenditures are only for the poor.} (Al-Tawbah: 60) (See al-Jam i al-Ahkam al-Qur’an by al-Qurtubi (8/106) and Tafsir al-Qur’an at-‘Azim by Ibn Kathir (2/378).)
The second group: “Al-masakin are those who possess enough to meet most of their basic needs or have at least half of it”: It is the plural of al-miskin which refers to the needy. They are those who have means but their needs outweigh their means. They are better off financially than the fuqarah. Zakat should be given to them so that they can fulfil their basic needs for a year.
The third group: “Al-‘amilun ‘alayha are those who enforce and preserve zakat”: They are the officials entrusted to collect zakat on behalf of the ruler from those upon whom it is wajib. These officials must be paid for their work and the ruler shall pay it to them. One must not appoint himself as a zakat official or receive this appointment from anyone other than the ruler himself. The ruler or the head of state must appoint the zakat officials so that it can be collected formally from those upon whom it is wajib. The officials carefully preserve the zakat money so that it is not lost or stolen. The officials are also responsible for distributing the funds to the rightful recipients once approval is received from the ruler to do so. These are the tasks entrusted to the zakat officials.
If any of these officials is a rich man, then he is given a salary commensurate with the work he exerts. This is because this category of zakat is not measured based on the recipient’s wealth, it is a salary for the work he exerts as a zakat official.
Fourthly: To bring hearts together or to attract the hearts of those they wish would embrace Islam or to neutralize one’s evil or to strengthen one’s faith with this gift.
The fourth group: “To bring hearts together”: The word ta’lif means bringing together [and one of its forms is muallaf, meaning composer]. It is the opposite of the word tanfir which means alienation. Zakat is given to these groups of people so as to attract them to Islam. This is an important task in Islam. Zakat is given to them proportionate to the impact Muslims intend to make upon them.
This group is divided into various types: Muslims with weak faith are given zakat to strengthen it. The Prophet(pbuh) used to give zakat to those who had just embraced Islam but were not whole-heartedly practicing it. He gave it to them to strengthen their faith such that Islam became more endearing to them through this wealth.
Some of them said: “Muhammad(pbuh) gives me zakat even though I hate him the most among men. He kept giving it until he became the most beloved of men to me.”
Some others claimed that they embraced Islam only for the zakat money that they were entitled to receive. But no sooner did they receive it than Islam became dearer to their hearts than this world and whatever it contains.
“To attract the hearts of those they wish would embrace Islam”: Zakat is given to the disbelievers the Muslims hope will embrace Islam. These individuals should already gravitate towards Islam and want to embrace it. Wealth from zakat is given to entice him further. Once he embraces Islam, he shall taste its sweetness and feel for himself its goodness.
The zakat is a means to entice him to embrace Islam. Money from zakat is given to this person proportionate to the requirements needed to make the end objective, his embracing of Islam, a success.
Similarly, zakat is given to a disbeliever who is comparable to the giver in every way. This may entice the disbeliever to enter the fold of Islam. If he does so, Islam shall be the dearest thing to his life. This is because they fled from Islam having had no exposure to it, nor any knowledge regarding it. Once they have a first-hand account of it, they treasure Islam and all doubts and fears that they had regarding it vanish. Thus, the giving of zakat to these individuals will spur them on to the truth of Islam.
“Or to neutralize one’s evil”: Zakat is given to the disbelievers who are not in favor of Islam. This is to neutralize his enmity. He may decide not to harm Muslims due to the zakat. To neutralize the disbelievers evil is necessary and warranted when there is imminent danger. Zakat is given so that a truce is achieved between the disbelievers and Muslims. The amount given will be proportionate to the magnitude of the evil posed by the disbeliever.
Fifth: Freeing slaves, that is, those who are known as al-mukatabun and zakat is used to free Muslim prisoners.
The fifth group: “Freeing slaves, that is, those who are known as al-mukatabun: The singular form is al-makatib. They are the slaves who ransom themselves from their masters by paying a sum of money in instalments known as al-nujum (See al-Lisan (12/570).). When he pays the full sum, he shall be freed from his master and is considered a free man thereafter. Islam encourages the manumission of slaves. Due to their perseverance to free themselves from the bonds of slavery, al-makatib have been given the rights to receive zakat. The Muslims help him to pay off the instalments owed to his master so that he may be freed. Allah says: {And those who seek a contract [for eventual emancipation] from among whom your right hands possess – then make a contract with them if you know there is within them goodness and give them from the wealth of Allah which He has given you.} (Al-Nur: 33)
Among the groups Allah mentions who may receive zakat is: {For freeing the captives or slaves.} (Al-Tawbah: 60) That is, those who strive to ransom themselves from the bonds of slavery to achieve freedom.
“And zakat is used to free Muslim prisoners”: Under the category of slaves comes the issue of Muslim prisoners who are incarcerated by the disbelievers. If a Muslim is imprisoned by the disbelievers and a ransom is requested. Then zakat is given to the Muslim prisoner to facilitate his release. The zakat given is proportionate to the request made by the disbelievers.
Sixth: Those who fall into loss whilst trying to rectify a situation; even if they are rich or those who have personal debt due to poverty.
The sixth group: Those in debt. There are two categories of debtors:
First: “Those who fall into loss whilst trying to rectify a situation”: There is a dispute between two Muslim tribes for example and it is feared that the tensions will escalate, which might lead to a violent confrontation. Dispute and parting between Muslims should be avoided. Given this scenario, some good willed people may enter the fray and offer money to the alleged victims to try to rectify the situation. These good willed people should not be left to pay this amount from their own pockets. This is because it is not fair and it will lead to the abandonment of this practice. Instead, zakat money is used and only in proportion to the amount raised as debt.
“Even if he is rich”: He may still receive zakat money to settle the debt to rectify a societal predicament. This is because the debt is not a personal one but it is used to rectify the community at large.
Second: “Or those who have personal debt due to poverty”: Zakat is given to those who have debt but do not have the means to settle it when it is being sought from them. In this case, zakat money can be used to help him but only to settle the debt incurred by him. Money from zakat can only be used if the person who has debt is a poor man and is unable to settle it. If he is rich and is able to settle his own debts, then money from zakat cannot be used.
Some debtors incur debts amounting to one hundred thousand of a given currency or more whilst their salary is only ten thousand a month approximately. A study should be undertaken to see if he is capable of paying off his own debts from his income. If he is wealthy, money from zakat cannot be used. However, if his income is just sufficient for his basic needs and he cannot afford to settle his debt, then money from zakat is used only so much that is necessary to settle his debt.
It may come to the fore that the debtor accumulated his debts as a result of engaging in forbidden or vile acts. Should money from zakat be used to help him settle his debt in this case?
We say: The answer must be elaborated. If he had engaged in forbidden and vile acts but has since repented, then money from zakat may be given to him to help him settle his debt. This is a form of support for his repentance and to free him of his responsibilities. However, if he has not repented and is continuously engaged in the transgressions, then he is not given money from zakat as it is tantamount to endorsing and encouraging his evil actions.
Seventh: Giving to those in the path of Allah. They are soldiers who do not have an income nor are they paid by the state.
The seventh group: “Those in the path of Allah”: This refers to those who fight jihad. The mujahid is offered zakat in the form of weapons and as financial support for him and his children. It is offered to him provided that he is not receiving a salary from the state. He is not offered zakat if he is in paid employment by the state as he cannot be classified as one deserving of zakat.
Hence, the author says, “They are the soldiers who do not have an income nor are they paid by the state.”
Eighth: A stranded traveler who has no provisions, this does not include the traveler who just started his journey from his country. He is given an amount of money that is sufficient for him to return to his country. He is given extra if he has his family with him.
The eighth group: “A stranded traveler who has no provisions”: That is, he does not have enough to fend for himself because his provisions were lost, stolen or depleted. Hence, he is unable to carry on with the journey nor is he able to return to his country. So, this person deserves zakat even if he is a rich man in his country. He is given provision or money from the zakat that will suffice him until he returns to his country.
This traveler is also known as ibn al-sabil. Literally meaning “son of the path.” It projects an idea that he is duty-bound to embark on this journey as a child is duty-bound to his or her father.
“This does not include the traveler who just started his journey from his country”: This person is not given zakat as he is not in need of any help yet. Hence, he is not a deserving recipient of zakat.
“He is given extra if he has his family with him”: The stranded traveler who brought his family along with him on his journey shall receive a larger amount of zakat so that he can provide for his dependents as well.
It is permissible to give to one particular category of people. It is a Sunnah to give to relatives as long as they are not amongst those whom he is legally required to maintain.
“It is permissible to give to one particular category of people”: Among the eight groups mentioned in ayah sixty of Surah al-Tawbah. The author states here that it is not a must that one distributes his zakat to all the eight groups of people. In fact, he may choose one group and give his zakat to those in that group.
The evidence for this is the incident when the Prophet(pbuh) dispatched Mu’adh to Yemen, he instructed him saying, “Inform them that Allah has made obligatory the giving of charity which is taken from the rich amongst them and given to the poor amongst them.” (Reported by al-Bukhari (2/130,158), (5/205-206) and Muslim (1/37) from the narration of Ibn ‘Abbas.) He(pbuh) did not mention any other groups who rightly deserve zakat except the poor. Hence, this is proof that it is permissible to limit one’s zakat to only a particular group.
“It is a Sunnah to give to relatives as long as they are not amongst those whom he is legally required to maintain”: It is Sunnah on the one giving the zakat to give it to his needy relatives as the reward for it is doubled. He is rewarded for giving the zakat and is rewarded again for forging ties of kinship. This is provided that his relatives are not amongst his dependents. If their welfare is his duty, then he must not give zakat to them. In fact, he must provide for them from his wealth. If he were to give them zakat, it is as if he is preserving his wealth and this is forbidden.
Those whom he is legally required to maintain are those needy relatives from whom he will inherit a portion of their estate upon their death. He cannot give zakat to these relatives.
He has to support these relatives and provide for them from his wealth as relatives look after the welfare of their family members who cannot fend for themselves and who do not have an income. Hence, he must maintain his relatives from whom he will inherit due to Islamic inheritance laws or due to communal ties. When mentioning the remuneration of the women who nurse a baby, Allah says: {And upon the [father’s] heir is [a duty] like that [of the father].} (Al-Baqarah: 233) The inheritor of one’s estate takes on the role of the father in paying the woman who nursed the child. This is in essence connected to the inheritance he shall receive if the father of the child were to die.
If he distributed his zakat to any one of the eight groups of people, then it is accepted. However, giving to his needy relative whom he is not legally-bound to maintain and from whom he will not inherit is the best and most rewarding.
By Shaykh Salih ibn Fawzan al-Fawzan
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