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Sunday, July 27, 2014

Zakaah , Dought & clear, - * Can he give his zakaahto his brother on whom his father spends?



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Is it permissible to give my zakaah 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.
Praise be to Allaah.
Giving zakaah 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. But if these relatives are among those on whom you are obliged to spend, then it is not permissible for you to give your zakaah to them.
See the answer to question no. 20278
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 zakaah to him.
The scholars of the Standing Committee were asked:
My father died (may Allaah 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 Allaah. Is it permissible to regard what I spend on them of my own money as zakaah, 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 zakaah?
They replied:
There is no reason why you should not send zakaah 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 zakaah. Similarly it is permissible for you to send zakaah in the future to your older brother if he is poor and has no wealth or earnings to render him in no need of zakaah, because of the general meaning of the verse on zakaah, in which Allaah says (interpretation of the meaning):
“As-Sadaqaat (here it means Zakaah) are only for the Fuqaraa’ (poor), and Al‑Masaakeen (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 Allaah’s Cause (i.e. for Mujaahidoon — those fighting in a holy battle), and for the wayfarer (a traveller who is cut off from everything); a duty imposed by Allaah. And Allaah is All-Knower, All-Wise”
[al-Tawbah 9:60]
Shaykh ‘Abd al-‘Azeez ibn Baaz, Shaykh ‘Abd al-Razzaaq ‘Afeefi, Shaykh ‘Abd-Allaah 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 zakaah that will suffice them, if their income is not sufficient for them.
Fataawa al-Lajnah al-Daa’imah, 10/59
Shaykh Muhamamd al-Saalih al-‘Uthaymeen (may Allaah have mercy on him) said:
With regard to your question as to whether it is permissible to give zakaah to a half-brother or full sister, the answer is that if giving zakaah 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 zakaah so that you will not have to spend on them and can save money, that is not permissible, because zakaah 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 zakaah 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.
And Allaah knows best.





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Zakaah , Dought & clear, - * It is notpermissible to deduct the costs of transferring zakaah from the zakaah



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If transferring zakaah to the poor requires travelling, can the travel costs be deducted from the zakaah?.
Praise be to Allaah.
In answer to a question we stated that zakaah may be taken from the land where the wealth is, and it is permissible to transfer it to another country in cases of need or where that serves a purpose, such as if the poor in the land to which it is transferred are in greater need, or are relatives of the one who is paying zakaah, and so on.
Secondly:
The owner of the wealth is obliged to make sure the zakaah reaches those who are entitled to it. Based on this, if getting it to the poor requires travelling and other costs, these must be paid for by the owner of the wealth, and it is not permissible to deduct them from the zakaah.
Al-Nawawi (may Allaah have mercy on him) said inal-Majmoo’, 6/213:
As it is permissible to transfer zakaah (to another country), or may be obligatory, the costs of doing so must be borne by the owner of the wealth. End quote.
Al-Mardaawi (may Allaah have mercy on him) said inal-Insaaf(7/174):
The cost of transferring the zakaah is to be borne by the owner of the wealth. End quote.
Shaykh Ibn ‘Uthaymeen (may Allaah have mercy on him) was asked: A person has been asked to take some zakaah abroad at the personal level; is it permissible for him to be given the travel expenses from the zakaah, knowing that he cannot afford to pay for that himself?
He replied:
It is not permissible for him to take anything from the zakaah for this trip, because what the person who owes zakaah must do is to send it to the poor with his own money. If he wants to go to a place where he has to spend on travel expenses, then he should take them from the owner of the money, and the rights of the poor must be given to them in full.






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Zakaah , Dought & clear, - * The one who is delegated to distribute zakaah is not one of those who are employed to collect it



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If a rich man gives me the zakaah of his wealth to distribute it to the poor, am I one of those who are employed to collect it and can I take some of it?.
Praise be to Allaah.
Those who are employed to collect the zakaah are those who are appointed by the Muslim authorities, who collect it, store it and distribute it, and so on.
Seeal-Sharh al-Mumti’, 6/142
But if a person is delegated by the owner of the wealth to distribute his zakaah, he is acting on behalf of the owner of the wealth, and is not one of those who are employed to collect it.
Al-Nawawi (may Allaah have mercy on him) said inal-Majmoo’, 6/165:
Al-Shaafa’i and his companions (may Allaah have mercy on him) said: If the one who is distributing the zakaah is its owner or his deputy, the share of the agent employed to collect it is waived and he must give it to the seven other categories (of people who are entitled to it). End quote.
Shaykh Ibn ‘Uthaymeen (may Allaah have mercy on him) was asked: A rich man sent his zakaah to someone and said: “Distribute it as you see fit.” Is this deputy one of those who are employed to collect it and is he entitled to any of it?”
He replied:
This deputy is not one of those who are employed to collect it, and he is not entitled to any of it, because he has been delegated only by a particular individual. This is the reason – and Allaah knows best – why the Qur’aan says (interpretation of the meaning):
“those employed to collect (the funds)”
[al-Tawbah 9:60]
This refers to those who are appointed to do this task. Therefore the one who is delegated to distribute the zakaah on behalf of a particular individual is not regarded as one of those who are employed to collect zakaah. And Allaah knows best. End quote.
Majmoo’ Fataawa Ibn ‘Uthaymeen, 18/369.
Shaykh Ibn Baaz (may Allaah have mercy on him) was asked: I have some wealth on which zakaah is due, and I want to send some of it to the poor in another country. I know a rich man in that country and I want to send the money through him so that he can give it to the needy, but he will not do that unless I pay him. Is it permissible to give him some of the zakaah money in return for his doing that?
He replied:
It is better for you to distribute your zakaah among the poor in your own country, but if you send it to another country where the poor are in greater need or because they are your relatives and are poor, there is nothing wrong with that. If you delegate someone to distribute the zakaah, there is nothing wrong with giving him something in return that is not part of the zakaah, because what you have to do is distribute it among the poor yourself or through your trustworthy deputy who you have to pay from your own wealth, not from the zakaah.







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Zakaah , Dought & clear, - * Can zakaah be given to workers and servants who work for him?



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Is it permissible to give zakaah to workers such as drivers and servants? What is the definition of the relatives to whom zakaah may be given?.
Praise be to Allaah.
There is nothing wrong with giving zakaah to workers or servants if they are entitled to zakaah, such as if they are poor or needy and the salary that they receive is not sufficient for their and their family’s needs. Allaah has mentioned those who are entitled to zakaah in the verse where He says (interpretation of the meaning):
“As-Sadaqaat (here it means Zakaah) are only for the Fuqaraa’ (poor), and Al‑Masaakeen(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 Allaah’s Cause (i.e. for Mujaahidoon — those fighting in a holy battle), and for the wayfarer (a traveller who is cut off from everything); a duty imposed by Allaah. And Allaah is All-Knower, All-Wise”
[al-Tawbah 9:60]
If they fall into one of these categories, then there is nothing wrong with giving them zakaah.
But it must be noted that it is not permissible to do that in the interests of the boss, such as if he makes them do more work than he agreed with them, or denies them some of their rights, then he gives them zakaah so that they will forfeit their rights and so on.
Shaykh Ibn ‘Uthaymeen (may Allaah have mercy on him) was asked: If a merchant has workers in his store, or in an institution, and they get a salary of six hundred riyals each, is it permissible for the merchant to give them the zakaah of his wealth?
He replied:
Yes, it is permissible for him to give them zakaah if they are among those who are entitled to it, such as if they have dependents and their salaries are not enough, or they are in debt and their salary does not pay off the debts, and so on. What matters is that if they are people who are entitled to zakaah, there is nothing wrong with giving it to them even if they are workers or servants working for him. End quote.
Fataawa al-Zakaah, p. 350
Shaykh Dr. ‘Abd al-Kareem ibn ‘Abd-Allaah al-Khudayr was asked: I have some Muslim servants; is it permissible to give the zakaah of my wealth to them?
He replied:
If the worker uses all his salary and is still in need, in the sense that his salary is not sufficient for him, then there is no shar’i reason why he should not be given zakaah, so that he will have what he needs, subject to the condition that giving zakaah to him does not serve the interests of his boss.




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