39.2. CHAPTER: PAYMENT OF ZAKAT
Zakat is not given to the Hashemi clan, the Muttalib clan and their mawali. It is also not given to a poor woman who is supported by a rich person or to one’s descendants or elders. Nor to one’s slave or [the wife paying for her] husband.
“Zakat is not given to”: These are the categories of people to whom zakat should not be given:
First: “The Hashemi clan”: Those who belong to the Hashemi clan who enjoy ties of lineage with the Prophet. He(pbuh) said, “Verily, it is not appropriate to give charity to Muhammad and the family of Muhammad.” (A portion of a lengthy hadith reported by Muslim (1072), Abu Dawud (2985), al-Nasa’i (5/105) and Ahmad (4/166) from the narration of Abdul Muttalib ibn Rabi’ah ibn al-Harith.) He was referring to his relatives, that is, the families of ‘Abbas and Abu Talib.
Second: “The Muttalib clan”: The family of Muttalib ibn Abd Manaf. The Prophet(pbuh) said, “Verily they have not parted from us during ignorance or in Islam.” (Reported by Ahmad (4/81), al-Nasa’i (7/130,131) and Abu Dawud (2980) from the narration of Jabir ibn Mut’am) They were even included in the group that was ostracized and cut off from the rest of the community during the time of the Prophet(pbuh).
Third: “And their mawali”: The mawali (plural of mawlah) of the Hashemi and Muttalib clans. They are those manumitted slaves of these two clans. The Prophet(pbuh) said, “The mawlah of a nation belongs to that nation.” (Reported by Ahmad (4/340) from the narration of Rifa’ah ibn Rah. It is also reported by al-Nasa’i (5/107) from the narration of Abi Rafi’.)
Fourth: “It is also not given to a poor woman who is supported by a rich person”: Since the woman is not in need of zakat, she cannot be a recipient of it. However, if she has a husband who does not provide for her, then she is given zakat regardless if her husband is rich or poor. This is to avert harm from the woman.
Fifth: “Or to one’s descendants”: Such as his children, grandchildren and great grandchildren. This is because the welfare of his descendants is his duty. Therefore, it is an obligation on him to provide for them.
Sixth: “Or elders”: Such as his father and grandfathers as their welfare is an obligation upon him.
Seventh: “Nor to one’s slave”: Zakdt should not be given to one’s own slave as the master is obliged to provide for his slave.
Eighth: “[The wife paying for her] husband”: A woman must not give her zakat to her spouse as he is duty-bound to provide for her. So, her zakat must be returned to her.
If a person gives zakat to one whom he doubts to be a rightful recipient but it is later proven otherwise or vice-versa, then his zakat is not valid. Except if it was given to a rich man who is thought to be poor.
“If a person gives zakat to one whom he doubts to be a rightful recipient but it is later proven otherwise”: Zakat is invalid in this scenario as the giver of zakat is unsure about the status of the recipient and so there is a blemish in his intention when he paid the zakat.
“Or vice-versa, then his zakat is not valid”: That is, he paid his zakat to someone whom he thought was a rightful recipient but he finds out later that he is not. The zakat becomes invalid as a result. This is because a person’s status is quite obvious and thus claiming ignorance is ruled out. Since the person who received the zakat was undeserving of it, the giver has not given the due justice to the act of obligatory charity.
“Except if it was given to a rich man who is thought to be poor”: This scenario is an exception as the financial status of a person is normally not clear to others. The Prophet(pbuh) gave zakat to two strong men saying, “If you desire, I shall give it to both of you though no portion should be had by the rich and those able to earn a living.” (Reported by Ahmad (4/224), Abu Dawud (1633), al-Nasa’i (5/99) and al-Daraqutni in his Sunan (2/119) from the narration of Abdullah ibn Adi ibn al-Khiyar who narrated from two men who narrated from the Prophet(pbuh)) He mentioned this as there are no tell-tale signs to distinguish the rightful recipient from one who is not. Poverty is imperceptible to one and all.
The voluntary charity is mustahabb. It is more meritorious during Ramadan and times of need. It is Sunnah upon him who has more than his own basic needs and that of his dependants. It is a sin if it diminishes these basic needs.
“The voluntary charity is mustahabb”: This refers to charity that is non-obligatory. The author shifts to the discussion of this form of charity after having elaborated upon zakat. In fact, all obligatory acts have a similar optional act legislated alongside them. For example, obligatory prayers and Sunnah prayers, obligatory charity and desired charity. There are obligatory and Sunnah fasts as well as obligatory and Sunnah pilgrimages. The wisdom behind this is to perfect and to rectify flaws in the obligatory acts of worship by performing the Sunnah acts of worship of a similar nature.
Allah urges the giving of voluntary charity in many ayat of His Noble Book. The Prophet(pbuh) said, “Verily, charity extinguishes the Lord’s anger and averts an evil death.” (Reported by al-Tirmidhi (664) and Ibn Hibban in his Sahih (8/103) from the narration of Anas. This hadith has a weak chain of narration.)
It can be given at any time. It is more recommended and meritorious during specific times such as:
“During Ramadan”: Ibn ‘Abbas said, “The Messenger of Allah(swt) used to be the most generous of men and he was the most generous during Ramadan when he used to meet Jibril.” (Reported by al-Bukhari (1/4), (3/33), (4/37) and Muslim (7/73), al-Nasa’i (4/125) and Ahmad (1/288,363,366) from the narration of Abdullah ibn Abbas.)
And times of need”: It is more recommended and meritorious in times of need. Allah says: {Or feeding on a day of severe hunger.} (Al-Balad: 14) Charity during critical times fulfils the dire needs of the less fortunate. It goes towards feeding the hungry and clothing the nude. Ultimately, it satisfies the requirements of the needy.
“It is Sunnah upon him who has more than his own basic needs”: Only he who has more than what is required for his basic needs and the basic needs of his dependants should give voluntary charity. He satisfies his needs first and the needs of his dependants. If there is a surplus afterwards, he may give it in charity. The Prophet(pbuh) said, “The upper hand is better than the lower hand and begins from the members of your household. The best of charity is that which is given from a surplus.” (Reported by Ahmad (2/278,402,476,524) from the narration of Abu Hurairah.)
“It is a sin if it diminishes these basic needs”: If giving charity diminishes his ability to provide for himself and his family the basic needs and it leads to them being harmed, then it is a sin to give charity. The Prophet(pbuh) said, “Neglecting one’s own dependants is reason enough for a man to commit a sin.” (Reported by Ahmad (2/160,193,194) and Abu Dawud (1692) from the narration of Abdullah ibn Amr.)
It is wajib for one to provide for himself and his dependants whilst voluntary charity is only mustahabb. A mandatory act should be given priority over a recommended act.
By Shaykh Salih ibn Fawzan al-Fawzan
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