Categories of people who are not entitled to Zakaat (Part-2)

4) A poor woman if she has a rich husband spending on her

This is because sufficiency is fulfilled through the obligatory expenditure. However, if her husband is poor, then it is permissible to pay Zakaat to her and her husband.

Similarly, if a woman is poor and her husband is rich, but he is not spending on her, either because he is stingy or any other reason, then it is permissible in this case to pay her from Zakaat money.

5) The wife

Ibn Al-Mundhir (Rahimahullaah) said: “The scholars are in consensus regarding the husband not giving his Zakaat to his wife. This is because it is obligatory upon him to spend on her. In this way she will not need Zakaat. It is not permissible for the husband to give his wife from Zakaat in place of spending on her.” [End quote]

However, about a wife giving her Zakaat to her husband, the scholars differed with regard to its ruling. The most preponderant point of view is that it is permissible. This is according to the Madh-habs of Shafiee and Hanbali, and a report of Maliki.

The evidence for it is the Hadeeth reported by Al-Bukhaari in his Saheeh.

‘Amr ibn al-Haarith narrated that Zainab, the wife of ‘Abdullaah said: “I was in the mosque and saw the Prophet (Salla-Allaahu ‘alayhi wa sallam) saying: ‘O women! Give alms even from your ornaments.‘” Zainab used to provide for ‘Abdullaah and those orphans who were under her sponsorship. So she said to ‘Abdullaah: “Will you ask Allaah’s Messenger (Salla-Allaahu ‘alayhi wa sallam) whether it will be sufficient for me to spend part of the Zakaat on you and the orphans who are under my protection?” He replied: “Will you ask Allaah’s Messenger (Salla-Allaahu ‘alayhi wa sallam) yourself?” (Zainab added): “So I went to the Prophet (Salla-Allaahu ‘alayhi wa sallam) and I saw an Ansaari woman standing at the door [of the Prophet (Salla-Allaahu ‘alayhi wa sallam)] with a similar problem as mine. Bilal passed by us and we asked him: ‘Ask the Prophet (Salla-Allaahu ‘alayhi wa sallam) whether it is permissible for me to spend (the Zakaat) on my husband and the orphans under my sponsorship.’ And we requested Bilal not to inform the Prophet (Salla-Allaahu ‘alayhi wa sallam) about us. So Bilal went inside and asked the Prophet (Salla-Allaahu ‘alayhi wa sallam) regarding our problem. The Prophet (Salla-Allaahu ‘alayhi wa sallam) asked: ‘Who are those two?’ Bilal replied that she was Zainab. The Prophet (Salla-Allaahu ‘alayhi wa sallam) said: ‘Which Zainab?’ Bilal said: ‘The wife of ‘Abdullaah (Ibn Mas’oud).’ The Prophet said: ‘Yes, (it is sufficient for her) and she will receive a double reward (for that): one for helping relatives, and the other for giving Zakaat.’” [Saheeh Al-Bukhaari no. 1466]

The Prophet (Salla-Allaahu ‘alayhi wa sallam) did not ask her whether it was obligatory Sadaqah or voluntary Sadaqah; as if he (Salla-Allaahu ‘alayhi wa sallam) was saying that it is permissible to give Sadaqah to your husband, whether it is an obligatory or voluntary Sadaqah. In addition to that, it is not obligatory on the wife to spend on her husband. Therefore, she is not prevented to give the Zakaat of her wealth to him if he is poor, like any other stranger who is entitled to Zakaat. This is because there is no clear text or Ijma’ (consensus) among scholars that prevents giving the Zakaat or Sadaqah to a poor husband. This is as said by Al-Muwaffaq Ibn Qudamah (Rahimahullaah).

6) The Banu Hashim, i.e. offspring of Hashim ibn ‘Abdu Manaf, because they are from the family members of the Prophet (Salla-Allaahu ‘alayhi wa sallam)

And the family of the Prophet (Salla-Allaahu ‘alayhi wa sallam) are the noblest of people in lineage; and because of their nobility, they are not given from Zakaat money; not as a degradation for them, rather, as an honor for them.

This verdict is based on the statement of the Prophet (Salla-Allaahu ‘alayhi wa sallam): “Charity is not lawful for the family of Muhammad, rather it is the dirt of the people (of people’s wealth).” [Muslim no.1072]

The Prophet (Salla-Allaahu ‘alayhi wa sallam) showed the ruling and justification. The ruling is that it is not lawful for the family of Muhammad (Salla-Allaahu ‘alayhi wa sallam). The justification is because it is the dirt of people’s wealth, and they are most noble among people to be given the dirt of people.

Hashim is the second grandfather of the Prophet (Salla-Allaahu ‘alayhi wa sallam) and the third father.

Some scholars are of the opinion that the Hashimi can be given from the Zakaat if he was a Mujahid or indebted due to conciliation between people or of those whose hearts are attracted to Islam. However, due to the generality of the evidences, the texts clearly show the prohibition.

They are given in place of that, a fifth of the Khumus of the booty. Some scholars like Ibn Taymiyah (Rahimahullaah) said that they can be given from the Zakaat if there was no Khumus, as is the case in the present time. They are given from the Zakaat if they are too poor to fulfil their needs. And this is the most correct point of view.

Is it permissible to give from voluntary charity?

The scholars differed regarding this issue. Some of them like Imaam Ahmad said they can be given from the optional Sadaqah, while others said: “They should not be given also from voluntary Sadaqah because of the generality of the statement of the Prophet (Salla-Allaahu ‘alayhi wa sallam): ‘We do not consume charity.‘ In another version, ‘Charity is not permissible for us.‘” [Muslim no. 1069]

Al-Muwaffaq Ibn Qudamah (Rahimahullaah) said: “The first opinion of Imaam Ahmad is the most preponderant point of view. This is because the Prophet (Salla-Allaahu ‘alayhi wa sallam) said: ‘Every good deed (Ma’roof) is a charity.‘ [Muslim no. 1005] Al-Bukhaari reported a similar Hadeeth, ‘Enjoining every kind of Ma’roof (i.e. Islamic Monotheism and all that Islam orders one to do) is a Sadaqah.‘ [Al-Bukhaari no. 6021]

Allaah (Ta’ala) also says in Surat Al-Ma’idah (5:45):

فَمَن تَصَدَّقَ بِهِۦ فَهُوَ كَفَّارَةٌ لَّهُ

“If anyone remits the retaliation by way of charity, it shall be for him an expiation.”

And Allaah (Ta’ala) also says in Surat Al-Baqarah (2:280):

فَنَظِرَةٌ إِلَىٰ مَيۡسَرَةٍۚ وَأَن تَصَدَّقُواْ خَيۡرٌ لَّكُمۡۖ

“then grant him time till it is easy for him to repay, but if you remit it by way of charity, that is better for you.”

There is no dispute (among scholars) with regards being lawful to do the good to the Hashimi and pardoning him and giving him respite (till it is easy for him to repay). The brothers of Yusuf (‘Alayhis-salaam) said:

وَتَصَدَّقۡ عَلَيۡنَآۖ

“and be charitable to us.”

The statement of Allaah’s Messenger (Salla-Allaahu ‘alayhi wa sallam): ‘Sadaqah is not lawful for us’, means the obligatory charity, i.e. Zakaat.

It is reported that Ja’far ibn Muhammad said about his father, that once he was drinking from what was provided of drinking water between Makkah and al-Madinah. He said to his father: ‘Do you drink from the Sadaqah?’ He replied: “It is forbidden for us only the obligatory Sadaqah.”

However, with regards the Prophet (Salla-Allaahu ‘alayhi wa sallam), both the obligatory and voluntary Sadaqah were forbidden for him. This is because one of the evidences for his prophethood is avoidance of taking it. Therefore, he (Salla-Allaahu ‘alayhi wa sallam) would not violate this matter. This has been proven by the Hadeeth narrated by Salman Al-Farsi (Radia-Allaahu ‘anhu) that the one who told him (before embracing Islam) about the description of the Prophet (Salla-Allaahu ‘alayhi wa sallam) said that he (Salla-Allaahu ‘alayhi wa sallam) does not take Sadaqah but accepts gifts.

Abu Hurairah (Radia-Allaahu ‘anhu) narrated: ‘Whenever a meal was brought to Allaah’s Messenger (Salla-Allaahu ‘alayhi wa sallam), he would ask whether it was a gift or Sadaqah (something given in charity). If he was told that it was Sadaqah, he would tell his Companions to eat it, but if it was a gift, he would hasten to share it with them.’ [Al-Bukhaari no. 2576]” [End quote]

With regards to Banu Al-Muttalib (the progeny/ descendants of Al-Muttalib), the most correct point of view is that Zakaat can be given to them because they are not from Aal Muhammad [the family of Muhammad (Salla-Allaahu ‘alayhi wa sallam)] and for the generality of evidences, such as:

إِنَّمَا ٱلصَّدَقَٰتُ لِلۡفُقَرَآءِ وَٱلۡمَسَٰكِينِ وَٱلۡعَٰمِلِينَ عَلَيۡهَا وَٱلۡمُؤَلَّفَةِ قُلُوبُهُمۡ وَفِى ٱلرِّقَابِ وَٱلۡغَٰرِمِينَ وَفِى سَبِيلِ ٱللَّهِ وَٱبۡنِ ٱلسَّبِيلِۖ فَرِيضَةً مِّنَ ٱللَّهِۗ وَٱللَّهُ عَلِيمٌ حَكِيمٌ

“As-Sadaqat (here it means Zakaat) are only for the Fuqara’ (poor), and Al-Masakin (the poor) and those employed to collect (the funds); and/ or 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 Mujahidun – those fighting in the holy wars), and for the wayfarer (a traveler who is cut off from everything); a duty imposed by Allaah. And Allaah is All-Knower, All-Wise.)” [Surat At-Tawbah (9:60)]

Banu Al-Muttalib are included in them.

*Al-Muttalib is the brother of Hashim and their father is ‘Abd Manaf who had four sons: Hashim, Al-Muttalib, Nawfal and ‘Abd-Shams.

As for the statement of the Prophet (Salla-Allaahu ‘alayhi wa sallam): “Banu Al-Muttalib and Banu Hashim are one and the same.” [Al-Bukhaari no. 3140]. This is because of their support to the Prophet (Salla-Allaahu ‘alayhi wa sallam) in Jahiliyah and Islam, they are given from al-Khumus because of their merits, while Zakaat is something else; they are not from the family of Prophet Muhammad (Salla-Allaahu ‘alayhi wa sallam). Therefore, it is permissible to be given from the Zakaat like Banu Nawfal and Banu ‘Abd Shams.

  Read Part 1 of this article 

Source:

   Fiqh Al-‘Ebaadaat- Explanation of chapters of Zakaat and fasting by Shaikh Sa’d Ibn Turki Al-Khathlan