It is not permissible to pay Zakaat to people who fall under the following categories, i.e. there are some impediments that prevent them to be of those who deserve to be paid from Zakaat money.
1) The rich or the strong person who is earning (or able to earn a living)
It is not permissible to pay Zakaat to these people based on the statement of Prophet Muhammad (Salla-Allaahu ‘alayhi wa sallam): “There is nothing spare in it for the rich man or for one who is strong and able to earn a living.” [Abu Dawoud no. 1633 and authenticated by Al-Albaani who graded it Saheeh]
The restriction with regard to richness is continuous sufficiency such as by having a job or being able to earn a living by working or hiring or having a monthly salary that is sufficient for a person till the end of the month or if he is even able to save some of it.
2) The Kaafir (unbeliever) unless he is of those whose hearts are inclined (towards Islam)
Ibn Al-Mundhir (Rahimahullaah) said: “All scholars are in consensus that Adh-Dhimmi (the disbeliever living in an Islamic State with legal protection) is not entitled to Zakaat.”
Ibn Qudamah (Rahimahullaah) said: “There is no dispute among Ahl Al-‘Ilm (the knowledgeable) that Zakaat money should not be given to a Kaafir or a slave. This is based on the statement of Prophet Muhammad (Salla-Allaahu ‘alayhi wa sallam) to Mu’adh ibn Jabal (Radia-Allaahu ‘anhu): “..Then teach them to pay the Zakaat from their property and it is to be taken from the wealthy among them and given to the poor.” [Al-Bukhaari no. 1395]
So, he (Salla-Allaahu ‘alayhi wa sallam) particularized the poor Muslims to be given the Zakaat money as he (Salla-Allaahu ‘alayhi wa sallam) particularized its obligation on the rich people. However, the Kaafir (unbeliever) from among those whose hearts are inclined to Islam, are exempted. It is permissible to pay the Zakaat to them hoping they embrace Islam even if one of them was not an obeyed leader among his people. This is because protecting the religion and the soul is required and deserves to be protected more than protection of health or reviving bodies.” [End quote]
It is permissible to give Zakaat money to those Kaafirs who hold positions of authority and are influencial among the people in order to repel their evil from the Muslims.
However, it is permissible to give the poor Kaafir (unbeliever) from the Sadaqah (charity) money in case of a crisis such as earthquake, flood, or the like which inflict the disbelievers, but it is not to be taken from Zakaat.
Ibn Qudamah (Rahimahullaah) said: “It is permissible to pay Sadaqah (charity) to the Kaafir, based on Allaah’s Statement in Surat Al-Insaan (76:8):
وَيُطۡعِمُونَ ٱلطَّعَامَ عَلَىٰ حُبِّهِۦ مِسۡكِينًا وَيَتِيمًا وَأَسِيرًا
“And they give food, in spite of their love for it (or for the love of Him), to the poor, the orphan, and the captive.”
and the captives at that time were none but the Kaafir.” [End quote]
Asma’ bint Abu Bakr (Radia-Allaahu ‘anha) narrated: “My mother came to me during the lifetime of Allaah’s Messenger (Salla-Allaahu ‘alayhi wa sallam) and she was a Mushrikah (disbeliever). I said to Allaah’s Messenger (Salla-Allaahu ‘alayhi wa sallam) (seeking his verdict): ‘My mother has come to me and she desires to receive a reward from me, shall I keep good relations with her?’ The Prophet (Salla-Allaahu ‘alayhi wa sallam) said: ‘Yes, keep good relations with her.‘” [Al-Bukhaari no. 2620]
‘Umar (Radia-Allaahu ‘anhu) gave Hullah (a garment) to an idolator brother of his in Makkah, which was given to him by Prophet Muhammad (Salla-Allaahu ‘alayhi wa sallam). [Agreed upon]
3) Parents (father, mother, grandfather or grandmother) and children (and grandchildren)
The scholars are in consensus that it is not allowed for a Muslim to give his obligatory Zakaat to his parents or his children. Rather, it is obligatory on him to spend on them from his wealth if they are in need and he is able to spend on them.
Ibn Qudamah (Rahimahullaah) said: “None of the obligatory Zakaat should be given to parents no matter how far the line of ascent goes (i.e. grandfathers and grandmothers) or to the children, no matter how far the line of descent goes (i.e. grandchildren).” [End quote]
The scholars justified that saying: “Because giving Zakaat to them means that they no longer have any need for his spending on them, and the benefit of that will come back to him, so it is as if he is giving it to himself, and that is not permissible.” [Statement of Ibn Al-Mundhir]
In case the parents or children owe debts to people, it is permissible to pay off their debts from the Zakaat money, so long as the reason for their debts is not to obtain money for maintenance (expenditure) as that is the duty of the son to pay. This is because paying off a debt in such a case is a kind of trick to get out of spending on those whom one is obliged to spend on, so that they can take on debts and the son pays them off with his Zakaat.” [Fatawa Shaikh Ibn Baaz]
Shaikhul-Islam Ibn Taymiyyah (Rahimahullaah) said: “The most correct point of view is that it is permissible to give parents the Zakaat money if they are in debt. They may also give to slaves who seek emancipation as long as they are poor and he is unable to spend on them. Similarly, if the son owes a debt which he is unable to pay off, it is permissible for him to take from the Zakaat of his father, based on the most preponderant point of view of scholars.”
Read Part 2 of this article
Sources:
Fiqh Al-‘Ebaadaat- Explanation of chapters of Zakaat and fasting by Shaikh Sa’d Ibn Turki Al Khathlan
Fatawa Shaikh Ibn Baaz (Rahimahullaah)
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