Thursday, March 19, 2009

Giving Zakah to Deserving Relatives

Giving Zakah To  Deserving Relatives

In the name of Allāh, the Most Gracious, the Most Merciful;
All the praise and Thanks is due to Allāh, the Lord of al-`ālameen. I testify that there is none worthy of worship except Allāh, and that Muhammad, Sallallāhu `alayhi wasallam, is His Messenger

1. Giving Zakah To His Brother Who Has No Job

Is it permissible to give my zakat to my brother who has not yet completed his university studies because of psychological problems and has not found a job? He is currently staying with my father who spends on him. Please note that my father is not very well off.

Firstly: Giving zakah to one's deserving relatives is better than giving it to those who are not your relatives, because charity given to a relative is both charity and upholding the ties of kinship.

The Prophet (Sallallāhu `alayhi wasallam) said:

“Charity given to a poor person is charity, but charity given to a relative is two things, charity and upholding the ties of kinship.”

[Narrated by An-Nasa’ie, 2581; At-Tirmidzi, 658; classified as sahih]

But if these relatives are among those on whom you are obliged to spend, then it is not permissible for you to give your zakah to them.

Spending on your brother is obligatory for your father, but if your father is not able to spend on him, it is permissible for you to give your zakah to him.

The scholars of the Standing Committee were asked:

My father died (may Allah have mercy on him), and left behind a family of seven people, including another wife besides my mother. They do not have any source of support apart from Allah. Is it permissible to regard what I spend on them of my own money as zakah, knowing that I am married and support another family of my own?

Secondly: I have an older brother who is married and has two wives, and he has a lot of children and can hardly afford to look after them. He often asks me for help. Is it permissible to regard what I send to him as zakah?

They replied:

There is no reason why you should not send zakah to your siblings through your father, both males and females, in the future, if they are poor and do not have sufficient wealth to render them in no need of zakah. Similarly it is permissible for you to send zakah in the future to your older brother if he is poor and has no wealth or earnings to render him in no need of zakah, because of the general meaning of the verse on zakah, in which Allah says:

“As-Sadaqāt (here it means Zakah) are only for the Fuqara’ (poor), and Al Masākeen (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 — those fighting in a holy battle), and for the wayfarer (a traveller who is cut off from everything); a duty imposed by Allah. And Allah is All-Knower, All-Wise”

[Al-Tawbah, 9:60]

Shaikh ‘Abd al-‘Aziz ibn Baaz, Shaykh ‘Abd al-Razzaaq ‘Afifi, Shaikh ‘Abdallah ibn Ghadyaan.

[Fataawa al-Lajnah al-Daa’imah, 10/57, 58.]

Elsewhere they said:

It is permissible for you to give to your half siblings and wife’s father zakah that will suffice them, if their income is not sufficient for them.

[Fataawa al-Lajnah al-Daa’imah, 10/59]

Shaikh Muhammad al-Saleh al-‘Uthaymeen (rahimahullah) said:

With regard to the question as to whether it is permissible to give zakah to a half-brother or full sister, the answer is that if giving zakah to them involves waiving something that is a duty for you, such as if it is obligatory for you to spend on them, and you give them zakah so that you will not have to spend on them and can save money, that is not permissible, because zakah cannot be a means to avoid spending. But if it does not, such as if you are not obliged to spend on a person, because you are not one of his heirs, or because you cannot afford to spend on him as well as your own family, or you give it to him to pay off a debt that he owes and cannot repay, then it is permissible for you to give your zakah to him, and indeed that is better than giving it to someone else, because giving it is both charity and upholding the ties of kinship.

[Majmu’ Fatawa Ibn ‘Uthaymeen, 18/422, 423].

2. Giving Zakah To Your Brothers And Sisters Who Are Studying.

By Sheikh Muhammad Salih Al-‘Uthaymeen

Is it permissible for me to give the sadaqah of my wealth to my sisters who are students? Is it permissible for me to contribute with them to household expenses on the basis that it is the sadaqah of my wealth?


If it is a voluntary sadaqah, there is nothing wrong with giving it to your sisters and contributing it to household expenses, because sadaqah is broad in scope. But if what is meant is obligatory charity, i.e., zakah, then the matter is subject to further discussion.

Firstly: It is permissible to give charity to your brothers and sisters, if they are poor and you are not obliged to spend on them because you will not inherit from them, or because you cannot afford to spend on their maintenance.

It is also permissible to give zakah to them if they have debts, whether you are obliged to spend on them or not, because paying off debts is not obligatory for the one who is obliged to spend on another person’s maintenance.

Sheikh Muhammad Salih Al-‘Uthaymeen (rahimahullah) was asked about giving zakah to one’s brother and sister.

He replied:

If by giving Zakah to them so that it would means that your obligatory duty towards them be waived, such as to spend on his maintenance, but instead you gave them Zakah in order to save your money and do not have to spend on him, then this is not permissible to do that, because Zakah cannot be done with the intention to protect your wealth.

But if it does not mean that your duty towards him will be waived, because it is not obligatory for you to spend on his maintenance, because you will not inherit from them, or because you cannot afford to spend on them as well as your own family, or you are giving them money to pay off a debt that they owe but unable to pay off, then it is permissible for you to give your zakah to him, rather it is preferable for you to give it to him rather than anyone else, because giving to him is both an act of charity and upholding the ties of kinship.

[Majmu’ Fatawa Ibn ‘Uthaymeen (18/422, 423)

Secondly:  It is permissible to give zakah to students of syari’ah who are devoting all their time to that, because this study is a kind of jihad, so it comes under the heading of “in Allah’s cause” or for the sake of Allah.

As for students of worldly sciences and branches of knowledge, that does not come under the heading of “in Allah’s cause” or for the sake of Allah, but they may be given zakah because of poverty or need, for example if a student does not have enough money to cover the expenses of study on which his finding the work or job that he needs depends. He may also be given zakah to pay off his debts, such as if he owes money to the university; in that case he may be given enough to pay off his debts.

Thirdly: It is not permissible to give zakah towards household expenses.

But it is assume that your husband is poor and is indeed entitled to Zakah, then you may give your zakah to him then he may spend it as he sees deem it fit, and if he spends it on the household there is nothing wrong with it.


3. Giving Zakah To Poor Relatives.

Is it permissible in Islam to give Zakat to poor and deserving close relatives like brothers; sister, Uncles and Aunts?

Giving zakah to relatives who are entitled to it is better than giving it to those who are not your relatives, because giving charity to relatives is both charity and upholding the ties of kinship.

The Prophet (Sallallāhu `alayhi wasallam) said:

“Charity given to a poor person is charity, but charity given to a relative is two things, charity and upholding the ties of kinship.”

[Narrated by Al-Nasa’ie, 2581; Al-Tirmidzi, 658; classified as sahih by Al-Albani in Sahih Al-Nasa’ie, 2420].

But if these relatives are among those on whom you are obliged to spend, but you give them your zakah so that you can save money, then that is not permissible.

But if your wealth is not sufficient to spend on them, then there is nothing wrong with giving them some of your zakah. Similarly, if they are in debt and you pay off their debts from your zakah, there is nothing wrong with your doing that because a person is not obliged to pay off his relative’s debt, so if he pays it off from his zakah then that is fine. Even if it is your son or your father who owes a debt to someone and cannot pay it off, it is permissible for you to pay it off from your zakah.

[The Fatwas of Shaykh Muhammad Ibn ‘Uthaymeen 1/461].

And Allah Almighty knows best.


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