Transliteration:( Innamas sadaqaatu lilfuqaraaa'i walmasaakeeni wal 'aamileena 'alaihaa wal mu'al lafati quloobuhum wa fir riqaabi walghaarimeena wa fee sabeelil laahi wabnis sabeeli fareedatam minal laah; wal laahu 'Aleemun Hakeem )
162. Collectors of Zakaat are those who are appointed for this purpose by a Muslims ruler. Their salaries would be paid by the money collected, even if they may be wealthy, provided they are not Hashimi Sayyeds-i.e descendents If these of the Holy Prophet collectors are Sayyeds their salary should be paid from separate wealth, and not from Zakaat money. It should be remembered that Zakaat on cash, animals, fresh produce was usually collected by Muslim emperors, while Zakaat on latent wealth eg gold and silver was paid in by their owners. However, now Zakaat on both types of wealth should be paid on by the owners themselves because there is so much that the kings and rulers would not be absolutely fair in this regard.
163. By this is meant those infidels about whose faith there is hope, or those new converts in whose hearts the seeds of faith have not yet fully seeped, or those staunch infidels from whose mischief there is a grave danger. The first and third conditions are now eliminated. The second type is still relevant for the receipt of Zakaat.
164. By this is meant that money from of the Zakaat should be given to a slave to buy his freedom from his master. A listed slave as he whose master has stipulated an amount for the purchase of his freedom.
165. By this is meant he should be a destitute warrior By this is meant Zakaat should only he pard to those who are mentioned in verse, and they should be made owners of the money given to them. Hence it should not be given for the mosque. for religious shrines. for the shroud of the deceased because they are excluded from the eight already meantioned. Also, no one can claim ownership in these instances.Â
166 Even if the traveller is wealthy in his own land and becomes destitute on the journey Zakaat can be given to him to relieve him of his difficulty.
167. By this is meant these rules are fully settled and as such they should be carried out.
Religious issue: The person giving Zakaat is fully empowered to either give all his Zakaat to just one person or distribute it amongst all those who are entitled to receive it.
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60. As-Sadaqat (i.e., Zakah) are only for the Fuqara’, and Al-Masakin 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, and for Ibn As-Sabil; a duty imposed by Allah. And Allah is All-Knower, All-Wise.
After Allah mentioned the protest that the ignorant hypocrites mentioned to the Prophet about the distribution of alms. He stated that it is He who divided the alms, explained its rulings and decided in its division; He did not delegate this decision to anyone else. Allah mentioned the expenditures of Zakah in this Ayah, starting with the Fuqara’ (the poor) because they have more need than the other categories, since their need is pressing and precarious. It was reported that Ibn `Abbas, Mujahid, Al-Hasan Al-Basri, Ibn Zayd and several others said that the Faqir is a graceful person who does not ask anyone for anything, while the Miskin is the one who follows after people, begging. Qatadah said, “The Faqir is the ill person, while the Miskin is physically fit.†We will now mention the Hadiths about each of these eight categories
Ibn `Umar said that the Messenger of Allah said,
(The alms should not be given to the wealthy and the physically fit.) Ahmad, Abu Dawud and At-Tirmidhi collected this Hadith.
Abu Hurayrah narrated that the Messenger of Allah said,
قالوا: Ùمن المسكين يا رسول الله؟ قال:
(The needy person is not the one who goes round the people and asks them for a mouthful or two (of meals) or a date or two). They asked, “Then who is the needy person, O Allah’s Messenger!†He said, (The one who does not have enough to satisfy his needs and whose condition is not known to others, that others may give him something in charity, and who does not beg of people.) The Two Shaykhs collected this Hadith
Those employed to collect alms deserve a part of the alms, unless they are relatives of the Messenger of Allah , who are not allowed to accept any Sadaqah. Muslim recorded that `Abdul-Muttalib bin Rabi`ah bin Al-Harith and Al-Fadl bin Al-`Abbas went to the Messenger of Allah asking him to employ them to collect the alms. The Messenger replied,
(Verily, the alms are not allowed for Muhammad nor the relatives of Muhammad, for it is only the dirt that the people discard.) Al-Mu’allafatu Qulubuhum There are several types of Al-Mu’allafatu Qulubuhum. There are those who are given alms to embrace Islam. For instance, the Prophet of Allah gave something to Safwan bin Umayyah from the war spoils of Hunayn, even though he attended it while a Mushrik. Safwan said, “He kept giving me until he became the dearest person to me after he had been the most hated person to me.†Imam Ahmad recorded that Safwan bin Umayyah said, “The Messenger of Allah gave me (from the spoils of) Hunayn while he was the most hateful person to me. He kept giving me until he became the most beloved person to me.†Muslim and At-Tirmidhi collected this Hadith, as well. Some of Al-Mu’allafatu Qulubuhum are given from alms so that they become better in Islam and their heart firmer in faith. For instance, the Prophet gave some of the chiefs of the Tulaqa’ a hundred camels each after the battle of Hunayn, saying,
(I give a man (from the alms) while another man is dearer to me than him, for fear that Allah might throw him on his face in the fire of Jahannam.) It is recorded in the Two Sahihs that Abu Sa`id said that `Ali sent the Messenger of Allah a gold nugget still in its dirt from Yemen. The Prophet divided it between four men: Al-Aqra` bin Habis, `Uyaynah bin Badr, `Alqamah bin `Ulathah and Zayd Al-Khayr, saying,
(To draw their hearts closer.) Some people are given because some of his peers might embrace Islam, while others are given to collect alms from surrounding areas, or to defend Muslim outposts. Allah knows best.
Al-Hasan Al-Basri, Muqatil bin Hayyan, `Umar bin `Abdul-`Aziz, Sa`id bin Jubayr, An-Nakha`i, Az-Zuhri and Ibn Zayd said Riqab means those slaves who make an agreement with the master to pay a certain ransom for their freedom.†Similar was reported from Abu Musa Al-Ash`ari. Ibn `Abbas and Al-Hasan said, “It is allowed to use Zakah funds to buy the freedom of slaves,†indicating that `Riqab’ has more general meanings than merely giving money to slaves to buy their freedom or one’s buying a slave and freeing him on an individual basis. A Hadith states that for every limb ﴿of the servant﴾ freed, Allah frees a limb of the one who freed him from slavery, even a sexual organ for a sexual organ, for the reward is equitable to the deed,
(And you will be requited nothing except for what you used to do.) ï´¿37:39ï´¾
In the Musnad, there is a Hadith from Al-Bara’ bin `Azib that a man asked, “O Allah’s Messenger! Direct me to an action that draws me closer to Paradise and away from the Fire.†The Messenger of Allah said,
(Emancipate the person and free the neck (slave).) The man asked, “O Allah’s Messenger! Are they not one and the same†He said,
(No, you emancipate a person by freeing him on your own, but you untie a neck (slave) by helping in its price.)
There are several types of indebted persons. They include those who incur expenses in solving disputes between people, those who guarantee a loan that became due, causing financial strain to them, and those whose funds do not sufficiently cover their debts. It also includes those who indulged in a sin and repented from it. These types have a right to a part of alms ﴿designated for Al-Gharimun﴾. Qabisah bin Mukhariq Al-Hilali said, “I carried a debt ﴿resolving a dispute between people﴾ and went to the Messenger of Allah asking him to help pay it. The Messenger said,
(Be patient until some alms are brought to us so that we give it to you.) He then said,
(O Qabisah! Begging is only allowed for three: a man who incurred debts solving disputes, so he is allowed to beg until he collects its amount and then stops. A man who was inflicted by a disaster that consumed his wealth, he is allowed to beg until he collects what suffices for his livelihood. And a man who was overcome by poverty, that three wise relatives of his stand up and proclaim, `So-and-so was overcome by poverty.’ This man is allowed to beg until he collects what sustains his livelihood. Other than these cases, begging is an unlawful amount that one illegally devours.) Muslim collected this Hadith. Abu Sa`id said, “During the time of the Messenger of Allah , a man was struck by disaster because of fruits that he bought, causing him extensive debts. The Prophet said,
(Give him charity.) The people did that but the amount collected did not cover his debts. The Prophet said to the man’s debtors,
(Take what was collected, you will have nothing beyond that.)†Muslim collected this Hadith.
In the cause of Allah is exclusive for the benefit of the fighters in Jihad, who do not receive compensation from the Muslim Treasury.
Ibn As-Sabil is a term used for the needy traveler in a land, where he does not have what helps him continue his trip. This type has a share in the Zakah for what suffices him to reach his destination, even if he had money there. The same is true for whoever intends to travel from his area but does not have enough money. This type also has a share in the Zakah money to suffice for his trip and back. This is proven in the Ayah as well as the following Hadith. Imams Abu Dawud and Ibn Majah recorded that Ma`mar said that Zayd bin Aslam said that `Ata’ bin Yasar said that Abu Sa`id Al-Khudri said that the Messenger of Allah said,
(Sadaqah is not rightful for a wealthy person except in five cases: those employed to collect it, one who bought a charity item with his money, a Gharim (debtor), a fighter in the cause of Allah, or a poor man who gets a part of the Zakah so he gives it as a gift to a rich man.) Allah’s statement,
(a duty imposed by Allah), means, a decision, decree and division ordained by Allah,
(And Allah is All-Knower, All-Wise), knowledgeable of all things outwardly and inwardly and what benefits His servants,
(All-Wise), in all what he declares, does, legislates and decides, there is no true deity or lord except Him.
61. According to the Arabic usage, fuqara are all those people who depend on others for the necessities of life. The Arabic word fuqara is a general word for all those who are needy because of some physical defects, or old age, or temporarily out of living means, and can become selfsupporting if they are helped like orphans, widows, the unemployed, etc.
62. According to the Arabic usage, masakin are those indigent people who are in greater distress than the needy people usually are. The Prophet (peace be upon him) especially enjoined the Muslims to help such people as are unable to find the necessary means to satisfy their wants and are in very straitened circumstances, but are so selfrespecting that they would not beg for anything, nor would others judge from their outward appearance that they were deserving people. According to a tradition miskin is one who cannot make ends meet, though his appearance does not show that he needs help nor does he beg for help. In short, he is a self-respecting person who has become needy.
63. “Those employed to administer thereof†are those who collect Zakat dues, supervise the collections and keep accounts, and help in their distribution, irrespective of the fact whether or not they are needy or indigent; their remunerations shall be paid out of the Zakat funds. In this connection it should be noted well that the Prophet (peace be upon him) had declared the Zakat funds to be unlawful for himself and for the members of his own family (Bani Hashim). Accordingly, he never received any remuneration for collecting or distributing Zakat funds. As regards the other members of Bani Hashim, they were allowed to do this service without receiving any remuneration, but otherwise it is unlawful for them. On the contrary, the payment of the Zakat dues was obligatory on Bani Hashim if their possessions warranted this under the prescribed limits, but under no circumstances whatsoever were they allowed to accept anything out of Zakat collected from others.
There is, however, a difference of opinion as to whether they should accept anything out of the collections made from their own family or not. Imam Abu Yusuf opines that they are allowed to accept these when they are needy or poor or wayfarers, but the majority of the jurists regard this also unlawful.
64. A portion of Zakat funds may also be given to win over to Islam those who might be engaged in anti-lslamic activities or to those in the camp of the unbelievers who might be brought to help the Muslims or to those newly converted Muslims, who might be inclined to revert to kufr if no monetary help was extended to them. It is permissible to award pensions to them or give them lump sums of money to make them helpers of Islam or submissive to it or at least to render them into harmless enemies. A portion of the spoils or other incomes may be spent on them and, if need be, also a portion of Zakat funds. In such cases, the condition of being needy or indigent or on a journey etc. is also waived; nay, they might be even rich people or chiefs who are otherwise not eligible for anything from Zakat funds.
All are agreed that during the time of the Prophet (peace be upon him) pensions and gifts were given under the category of winning over people, but there is a difference of opinion whether this category of expenditure was abolished or not after his death. Imam Abu Hanifah and his followers are of the opinion that it was abolished during the caliphate of Umar (may Allah be pleased with him), and now it is not lawful to spend anything under this category. Imam Shafii is of the opinion that something may be given to sinful Muslims under this category from Zakat funds but not to unbelievers, while other jurists are of the opinion that expenses under this category are lawful even now, if a need arises for them.
The Hanafis base their opinion on an incident that happened after the death of the Prophet (peace be upon him). Uyainah bin Hisan and Aqraa bin Habis came to Abu Bakr (may Allah be pleased with him) and asked him to allot to them a certain piece of land. So he gave them a written order for this. They took it to some other highly placed companions for further confirmation and some of them endorsed this order. But when they took it to Umar (may Allah be pleased with him), he tore the paper into pieces before their very eyes, saying, it is true that the Prophet (peace be upon him) used to give something to win over your hearts because Islam was weak at that time, but now Allah has made Islam so strong that it does not stand in need of people like you. At this they went to Abu Bakr (may Allah be pleased with him) and complained to him about it and taunted him, saying†Are you the caliph or Umar (may Allah be pleased with him)? But he took no notice of this, nor did any of the companions differ with Umar’s (may Allah be pleased with him) opinion. The Hanafis conclude from this incident that when the number and power of Muslims increased by the grace of Allah and they no longer stood in need of any support from such people; the reason for which expenses under this category were permitted in the first instance remained no longer there. Therefore the companions unanimously abolished expenditure under this head.
Imam Shafii says that there is nothing to prove that the Prophet (peace be upon him) ever spent anything out of Zakat funds under this category. All the incidents mentioned in the traditions show that whatever he spent for the purpose of winning over hearts to Islam, was spent out of the spoils of war and not out of Zakat funds.
In my opinion there is nothing to show that the expenses for winning over hearts have been made unlawful forever up to the Last Day. There is no doubt that the action taken by Umar (may Allah be pleased with him) was absolutely right, for if and when the Islamic state does not consider it necessary to spend anything under this head, Islam does not make it obligatory to spend something for winning hearts. On the other hand, if need for this arises at any time, it is authorized to incur expenses under this category for Allah has kept a provision for this. Umar (may Allah be pleased with him) and the other companions agreed only on this that there was no need to give anything for this purpose at that time because the circumstances did not warrant it. But there is no reason to conclude from this that the companions disallowed forever the expenses that were permitted by the Quran under certain circumstances for the good of Islam.
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