Who receives Zakat? | Which 8 types of people can receive Zakat?
Almighty Allah says,
Charity is only for the needy and the destitute, and for those who are appointed to collect it, and for those whose hearts (you) intend to win over (towards Deen), and to free slaves, and to those in debt, and in the way of Allah, and for the traveller. This is ordained by Allah. And Allah is All Knowing, All Wise. [Surah Tauba (9), Verse 60]
AHADITH E MUBAARAKA
Hadith 1: It is in Sunan Abu Dawud from Ziyad bin Haarith Suda’i ؓ that Rasoolullah ﷺ said, ‘Allah did not keep the command of Sadaqaat on any Nabi or anyone else, but He has given the Command of it by Himself, and in it is divided into 8 (eight) categories.’
Hadith 2: Imam Ahmed, Abu Dawud and Haakim have reported from Abu Sa’eed ؓ that Rasoolullah ﷺ said, ‘Sadaqa is not Halaal (lawful) for the wealthy (i.e. solvent), except for five categories of people:
- One who fights in the Way of Allah
- One who is the collector of the Sadaqa (i.e. Zakaat)
- One who is in debt
- One who has purchased with his wealth (i.e. he has none left)
- If it is given to a Miskeen (destitute) who in turn gifted it to his solvent ’
In a narration of Ahmed and Baihaqi, the Musafir (traveller) has also been included in this.
Hadith 3: It is in Baihaqi from Maula Ali ؓ that he said, ‘In the obligatory Sadaqa (i.e. Zakaat), your children and father have no right.’
Hadith 4: It is in Tabrani Kabeer from Ibn Ab’bas رضي الله عنه that Rasoolullah ﷺ said, ‘O Bani Hashim! Be patient on your condition, for Sadaqa (Zakaat) is the purifier of the people.’
Hadith 5 to 7: Imam Ahmed and Muslim report from Mutallib bin Rabee’a that Rasoolullah ﷺ said, ‘Sadaqa (charity such as Zakaat etc.) is not permissible for the Family of Nabi Muhammad ﷺ, because this is the grime of the people.’
The narration of Ibn Sa’ad is from Imam Hasan Mujtaba رضي الله عنه that Rasoolullah ﷺ said, ‘Allah has made Sadaqa (charity) Haraam (forbidden) upon Me and My Ahle Bayt (Noble Descendants).’
In the Narrations of Tirmizi, Nasa’i and Haakim, it is reported from Abu Raafe’ رضي الله عنه that Rasoolullah ﷺ said, ‘Sadaqa (charity) is not Halaal for us, and the freed slave of a nation, is from amongst them.’
Hadith 8: It is in Sahihain from Abu Hurairah ؓ that once, Hazrat Imam Hasan رضي الله عنه took a date from dates brought for Sadqa, whereupon Nabi ﷺ said, ‘Leave it! Leave it! Throw it away. Do you know not, that we do not eat Sadaqa (charity)?’
There are also narrations from Tuhmaan, Bahaz bin Hakim, Bara’, Zaid bin Arqam, Amr bin Khaarja, Salman, Abdur Rahman bin Abi Layla, Maymoon, Kaysaan, Hirmaz, Khaarja bin Amr, Mughira and Anas رضي الله عنه that Sadaqaat (Charity) is impermissible (i.e. unlawful) for the Ahle Bayt of Rasoolullah ﷺ.
LAWS OF JURISPRUDENCE
Law 1: The uses of Zakaat are 7 (seven):
- A Faqeer
- Fi Sabeelillah
- Ibn-us-Sabeel. [Durr-e-Mukhtar, vol.2, 79]
Law 2: A Faqeer refers to that person who has some assets, but they are less than the Nisaab (standard current threshold, i.e. he is insolvent in the view of not having Nisaab). Alternatively, even if he has some assets which reach the Nisaab, but they are absorbed in Haajat-e-Asliyah (a person’s basic essentials/expenses), such as his house in which he lives, clothes needed for wearing, a handmaid or slave for his service, Deeni (Religious) books for those in the field of knowledge, which do not exceed their necessity. This has already been explained earlier. Similarly, if he is a debtor, and after deducting his debt, he is not left with any Nisaab, he is regarded as a Faqeer, even though he may not have just one, but many Nisaabs at one time. [Raddul Muhtar, vol.2, pg.80]
Law 3: If the Faqeer is an Aalim, then it is better (more virtuous) to give it (i.e. the Zakaat) to him rather than giving it to an uneducated person. [Alamgiri, vol.1, pg.187]. When giving it to an Aalim, be sure to take heed to his self-respect. It should be given to him with respect,
just as a younger one gives a gift to an elder. Allah forbid, if one has contempt in his heart regarding the Aalim, then this is a cause of severe ruin and destruction.
Law 4: A Miskeen refers to that person who is completely destitute and has nothing at all and is so dependent that he does not even have food to eat, or clothing to cover his body with. Also, he is forced to beg from the people, and for such a person to beg is Halaal. However, it is not permissible for a Faqeer to beg, for one who has food to eat and clothing to cover his body with, then for him to beg without need or without compulsion, is Haraam. [Alamgiri, vol.1, pg.187/188]
Law 5: An Aamil is the person who has been appointed by the Muslim Ruler to collect the Zakaat and the Ushr. In accordance with his duties, he should be paid an amount which will be adequate for him and his assistants, but he should not be given an amount which exceeds half of what he has collected. [Durr-e-Mukhtar, vol.2, pg.80/81]
Law 6: Even if the Aamil is Ghani (i.e. he has equivalent to the Nisaab), he can still take payment for his duties. If the Aamil is a Hashmi (i.e. Sayed) then even to pay him from the Zakaat money is not permissible, and for him to take this is also impermissible. However, if it is given to him from some other deposit (money), then there is no harm in him taking this. [Alamgiri, vol.1, pg.188]
Law 7: If the Aamil loses possession of the Zakaat money (or items), then he will now not receive anything, but the Zakaat of those who
paid it, will be discharged. [Durr-e-Mukhtar, Raddul Muhtar, vol.2, pg.80/81]
Law 8: If someone takes his Zakaat and personally deposits it in the Bait ul Maal (Muslim Treasury), then the returns for this will not be given to the Aamil. [Alamgiri, vol.1, pg.188]
Law 9: If the Aamil took his payment in advance, or if the Qadi handed it over to him, then this is permissible, but it is best that it should not be given in advance. Alternatively, if it was given in advance, and the money which he collected was ruined (lost), then the apparent (rule) is that the payment will not be taken back.
Law 10: Riqaab refers to giving a Mukatib slave the bond amount for his freedom, so that with that amount he may pay off the bond (to his master) in exchange for his freedom. [General Books, Alamgiri, vol.1, pg.188]
Law 11: Even the Mukatib of a Ghani can be given Zakaat, even though you may know that he is the Mukatib of a Ghani (solvent / wealthy person). If a Mukatib is failing to pay the bond in exchange for his freedom, and he then again becomes a slave, then whatever amount of Zakaat he has taken, his master may utilise it, even though he (the master) may be Ghani. [Durr-e-Mukhtar, vol.2, pg.86]
Law 12: The Zakaat that has been given to a Mukatib was for him to pay for his freedom, but he has the choice of using it for something else. If the Mukatib has wealth equivalent to the Nisaab, and it is even more than what he needs to pay in exchange for his freedom, he can
still be given Zakaat, but the Mukatib of a Hashmi cannot be given Zakaat. [Alamgiri, vol.1, pg.188; Durr-e-Mukhtar, vol.2, pg.82]
Law 13: A Ghaarim refers to that debtor, who is so deep in debt that after coming out of this debt, he will not be left with Nisaab, even though he is owed by others, but he is not able to recover it from them. However, the condition (here) is that the debtor should not be a Hashmi. [Durr-e-Mukhtar, vol.2, pg.83]
Law 14: Fee Sabeelillah, means to spend in the way of Allah. There are few ways of doing this. Some examples are as follows:
- If a person is dependent and wants to partake in Jihad1 (True Holy War), and he is in need of a mode of transport and necessities for his journey, then he may be given Zakaat, because to do this, is to give in Way of Even though he may be capable of earning,
- If a person wishes to go on Hajj, but he does not have the funds to do so, then he may be given Zakaat for this purpose. However, he is not allowed to beg in order to go for Hajj
1: This does not refer to the terrorists and extremists who call on people in the name of Jihad to kill innocent people. This is not Jihad, but it is against the Shariah. Such people and groups should not be supported at all. Jihad is to fight truly for the sake and for the defence of Islam. [Razvi Noori]
- A Taalib e Ilm (i.e. a student who is studying Deeni knowledge) or aims to go out to study Deeni knowledge. Such a person may also be given Zakaat, as this is also regarded as giving in the Way of However, a Taalib e Ilm, is also permitted to ask (beg) for Zakaat, if he has devoted himself only for this reason (i.e. to acquire Deeni knowledge), even though he may be able to earn a livelihood.
Likewise, to spend Zakaat on all virtuous actions is regarded as Fee Sabeelillah, i.e. to spend in the Way of Allah, on condition that it must be ‘Tamleek’ (the recipient must be made the owner), because if the condition of Tamleek is not met, Zakaat will not be discharged. [Durr- e-Mukhtar, vol.2, pg.83]
Law 15: Many people send their Zakaat to Islamic Madrassas (seminaries). They should inform the trustees of the Madrassa that the said amount is Zakaat, so that the Trustees may keep this money separately and not mix it with other funds. They should spend this on the poor students, and it should not be given as payment for any work undertaken, otherwise the Zakaat will not be discharged.
Law 16: Ibn-us-Sabeel refers to the traveller. This refers to a traveller who has become insolvent. He may take Zakaat, even though he may have wealth (assets etc.) available at home. He is only permitted to take that amount which is necessary for him to fulfil his needs. He is not permitted to take more than this. Similarly, if a Malik e Nisaab (solvent person), is owed by someone else for a period of time, and that time fixed (to receive his money) has not elapsed as yet, and he is now in need, or if the one who owes him the money is not present
there at the moment, or if he is there, but he has nothing, or he refuses to accept that he owes that debt, even though the one being owed has evidence that he owes him, then in all these cases, one may take Zakaat as per need, but it is however better to take a loan if that option is available to you, in order to sort your needs. [Alamgiri, Durr- e-Mukhtar]
If the debt is Dayn e Mu’ajjal (i.e. A prompt loan), or if the time frame has elapsed and the solvent debtor is present, and also acknowledges it, then in this case one cannot accept Zakaat, because in this case he can receive it from the debtor and fulfil his need, in reality, he is not needy. It must be noted that a loan, which in common terms is also called ‘current loan’ or a ‘short term loan’ in the language of Shariah (law) is always Mu’ajjal, meaning whenever one wishes to, he may demand (its payment), even though there are a thousand pledges, promises, written agreements or promissory notes which fix a duration, that it will only be paid after such and such amount of time, even though it is written that within that time frame, one cannot be first to demand, and if one demands then that demand will be invalid. All of these conditions are regarded as invalid, and the one who has given the loan has the right to demand at any time. [Durr-e-Mukhtar, vol.2, pg.84]
Law 17: If a Musafir, or that Malik e Nisaab who is being owed by someone else, took an amount of Zakaat as per necessity, in the time of need, and then he received his own wealth (money). For example, if a Musafir has reached home, or the Malik e Nisaab received payment of his debt, then in this case he may now still utilise, whatever is remaining of that Zakaat. [Raddul Muhtar, vol.2, pg.84]
Law 8: The one who is giving his Zakaat has the choice (right) of giving it to all seven categories (of recipients), or he may simply give it to just one from amongst them, be this few people of the same category, or to just one person. If the person (giving Zakaat) does not have Zakaat (to give) which is equal to the amount of Nisaab, then it is better to give it to one person. Also, to give to just one person an amount which is equivalent to Nisaab, is Makruh, but if he gave it to him, it will be regarded as being discharged. It is Makruh to give just one-person Zakaat which is equivalent to Nisaab, only if the Faqeer is not a debtor, and if he is debtor, then he should be given such an amount that after paying the debt, nothing remains, or if less than the Nisaab of Zakaat remains, then it is not Makruh. Likewise, if the Faqeer has a family, and even though the amount being given to him is more than the Nisaab of Zakaat, but if he will spend it (distribute it) amongst his family, then all of them get an amount that is less than Nisaab, then there is no harm in doing so. [Alamgiri, vol.1, pg.188]
Law 19: When paying Zakaat, it is necessary to make the one whom you are giving Zakaat to, the Maalik (owner) of the wealth (i.e. it must be given in his possession), and simply giving permission is not sufficient. Therefore, to spend the Zakaat money in the Masjid, or to give Kafan (shroud) for the deceased with it, or to pay the debt of a deceased with it, or to free a slave, or to construct a bridge, guest house (Musafir Khana), public bath or road, or to dig a canal or a well, (i.e. meaning to spend that money for all of these things), or to buy books etc. and then make it Waqf, is not sufficient (for Zakaat to be discharged). [Jauhira, Alamgiri, vol.1, pg.188; Tanweer, vol.2, pg.85]
Law 20: If a Faqeer owes money, and on his authority, it was paid off with Zakaat, then in this case the Zakaat will be discharged, and if this was not done on his authority, then it will not be counted as being
discharged. If a Faqeer gave permission, but died before it was paid off, and if this debt is then paid from Zakaat, then it will not be discharged. [Durr-e-Mukhtar, vol.2, pg.85]
We have already explained the issue of making Heela with Zakaat money for these purposes, so if one wishes to make Heela, then he may do so.
Law 21: Zakaat cannot be given to your actual (direct family), meaning you cannot give your Zakaat to your:
- Paternal grandfather (Dada)
- Paternal grandmother (Daadi)
- Maternal grandfather (Naana)
- Maternal grandmother (Naani)
In other words, those in whose children we are. Zakaat cannot also be given to your own children, meaning to your:
- Paternal grand-sons
- Paternal grand-daughters
- Maternal grand-sons
- Maternal grand-daughters
Likewise, we cannot give them Sadqa, Fitrah, Nazr (offering) and Kaffarah. However, we are allowed to give Nafil (optional) Sadqa to them, and in fact it is better to give this to them. [Alamgiri, vol.1, pg.188; Raddul Muhtar, vol.2, pg.86, etc.]
Law 22: Zakaat cannot be given to a child born out of adultery which is from him (i.e. his own but illegitimate), or that child which was born from his legally married wife whilst she was in his Nikah, but he says that this is not my child. [Raddul Muhtar, vol.2, pg.86]
Law 23: Zakaat can be given to your daughter in law, son in law, step mother, step father, or to the children of your wife (from a previous marriage), or to the children of your husband (from another marriage). Zakaat may also be given to other relatives whose maintenance is Waajib upon you, as long as it is not deducted from that maintenance. [Raddul Muhtar, vol.2, pg.86]
Law 24: If one’s parents are dependent (needy) and he wish to make Heela with Zakaat and give it to his parents, in a way where he gives it to a Faqeer and then the Faqeer gives it to them, then this is Makruh. [Raddul Muhtar, vol.2, pg.86]. It is also Makruh to give (your Zakaat) to your children after making Heela.
Law 25: You cannot give Zakaat to your own (slave or servant), or to your family (slave or servant), or to the slave of your wife or of your husband, or to a Mukatib, or a Mudab’bir, or to an Umm e Walad, or to any such slave in whom you have any ownership, even if certain parts of him are freed already. [Alamgiri, vol.1, pg.189]
Law 26: A wife cannot give her Zakaat to her husband, and a husband cannot give his Zakaat to his wife, even if he has given her Talaaq e Baa’in, or even if he has given her three Talaaqs, for as long as she is still in Iddat. If the Iddat is completed, then he may give his (Zakaat to) her. [Durr-e-Mukhtar, Raddul Muhtar, vol.2, pg.87]
Law 27: It is not permissible to give Zakaat to one who is Maalik e Nisaab (whereas that thing is clear of Haajat e Asliyah, meaning, house, housekeeping items, clothes to wear, servant, animal (mode) of transport, weapons, books for the men of learning which are for his work, and all things which are regarded as Haajat e Asliyah, even though such items are more than this, even though a year has elapsed over it, and even though it is not Maal e Naami, i.e. productive wealth).
Additionally, Nisaab here means the value of those items should be equal to two hundred dirhams (i.e. the current standard Nisaab), even though by itself it may not be so much that Zakaat is Waajib on it. For example, if six Tola of gold is equal to the value of two hundred dirhams, then the one who has this, even though Zakaat is not Waajib on him, because the Nisaab (threshold) of gold is seven and half Tola, but that person cannot be given Zakaat. Alternatively, in the case where he has thirty goats or twenty cows, which add up to the value of two hundred dirhams, then he cannot be given Zakaat, even though Zakaat is not Waajib on him. Also, if he has more goods than his need, which are also not for trade purpose, but they are equal to two hundred dirhams (i.e. Nisaab amount), then he cannot be given Zakaat. [Raddul Muhtar, vol.2, pg.88]
Law 28: A fit and healthy person (who is a legal recipient of Zakaat), can be given Zakaat, even though he has the capability to earn a
living, but for him to beg is not permissible. [Alamgiri, vol.1, pg.189, etc.]
Law 29: Even the slave of one, who is Maalik e Nisaab, cannot be given Zakaat, even though the slave may be crippled, and even if his master does not give him food to eat, or if his master has disappeared. However, the Mukatib and Mazoon of a Maalik e Nisaab can be given Zakaat, when both he and his wealth are locked (sunk) in debt. Similarly, the na-Baaligh children of a wealthy (i.e. solvent) person cannot be given Zakaat. However, it can be given to the Baaligh children of a Ghani (wealthy, i.e. solvent person), on condition that they are Faqeer. [Alamgiri, vol.1, pg.189; Durr-e-Mukhtar, vol.2, pg.89/90]
Law 30: The wife of a Ghani person can be given Zakaat, on condition that she is not Maalik e Nisaab. Similarly, the father of a Ghani can be given Zakaat as long as he is a Faqeer. [Alamgiri, vol.1, pg.189]
Law 31: A woman who’s Mahr (dowry) is owed to her by her husband, even if that amount is equivalent to Nisaab, and even if her husband is wealthy, and he has the means to pay it; can still be given Zakaat. [Jauhira Nayyira]
Law 32: A child whose mother is Maalik e Nisaab, even though the child’s father is not alive, that child can be given Zakaat. [Durr-e- Mukhtar, vol.2, pg.90]
Law 33: If a person has a house or shop which he gives on rent, and the amount he gets is three thousand dirhams, for example, but this rental is not enough to suffice for the (essential) needs of his family, then to give him Zakaat is permissible. Similarly, if he has a farmland, on which he farms, but whatever he gets out of that land is not
sufficient to sustain his family for the entire year, then he too can be given Zakaat, even though the value of the farmland is more than two hundred dirhams (i.e. more than the current standard Nisaab amount). [Alamgiri, vol.1, pg.189; Raddul Muhtar, vol.2, pg.88]
Law 34: One who has grain to eat, which is equal to the value of two hundred dirhams (i.e. equal to the current standard Nisaab amount), and that grain is sufficient for him for the entire year, then too, to give him Zakaat is Halaal. [Raddul Muhtar, vol.2, pg.88]
Law 35: Winter clothing which is not needed in the summer months is (still) regarded as being from Haajat e Asliyah. Even if one has such clothing, and even if they are very expensive, he may still accept Zakaat. If a person has a house in which he lives, but it is larger than he needs, meaning that he does not use the entire house to live in, then such a person is still allowed to take Zakaat. [Raddul Muhtar, vol.2, pg.88]
Law 36: A woman is personally the Maalik of the Jahez (bride’s portion), which she receives from her parents. In it there are (usually) two types of things (items);
The first type consists of those things which are of need, such as household and housekeeping goods, clothing for use, and utensils for (home) use. No matter how many of these items she may have, she will not be regarded as being Ghani (on the basis of these items).
The second type of things she receives, are those which are over and above that which is regarded as Haajat e Asliyah, which are given for adornment, such as jewellery, and those things which are except the needed things, and ornaments, and very expensive clothing which are
given to her to wear when leaving (her mother’s home), or when returning (to her mother’s home). If the value of these things is equivalent to the Nisaab, then the woman is regarded as Ghani and cannot accept Zakaat. [Raddul Muhtar, vol.2, pg.89]
Law 37: If one has pearls and other gemstones etc, and they are not meant for trade (business purposes), then their Zakaat is not Waajib, but if it is to the value of Nisaab, then that person cannot accept Zakaat. [Raddul Muhtar, vol.2, pg.89]
Law 38: If one has an orchard in his home which is equivalent to the value of Nisaab, but in the orchard, it does not have those things which are necessities for a house, such as a kitchen and bathroom etc. then for him to accept Zakaat is not permissible. [Alamgiri, vol.1, pg.189]
Law 39: The Bani Hashim cannot be given Zakaat. Neither can a non- Hashmi give a Hashmi Zakaat, nor can another Hashmi give a Hashmi Zakaat. Bani Hashim refers to the descendants of Hazrat Ali, Hazrat Ja’far, Hazrat Aqeel, Hazrat Ab’bas and Hazrat Haarith bin Abdul Mutallib. With the exception of the above, those who did not support Nabi Kareem ﷺ, such as Abu Lahab, that even though this unbeliever was also the son of Hazrat Abdul Mutallib, but his children will not be counted amongst the Bani Hashim. [Alamgiri, vol.1, pg.189]
Law 40: Even slaves freed by Bani Hashim cannot be given Zakaat, so to give (Zakaat) to those slaves who are still under their ownership is impermissible to a greater extent. [Durr-e-Mukhtar, vol.2, pg.91 etc.; General Books, Alamgiri, vol.1, pg.89]
Law 41: If the mother (of someone) is Hashmi, who is in fact a Sayyidaani (i.e. female descendant of Nabi ﷺ family), and the father is not Hashmi, then that person is not considered to be a Hashmi, as the lineage in Shariah is from the father. Hence, such a person can be given Zakaat, if there is no other restriction of the Shariah.
Law 42: Nafil Sadqa and earnings from the Awqaaf (Trust) can be given to Bani Hashim, whether the one who made the Waqf, selected them or not. [Durr-e-Mukhtar, vol.2, pg.91]
Law 43: A Zimmi Kaafir can neither be given Zakaat, nor any Waajib Sadaqa, such as Nazr (offering), Kaffarah (compensation) and Sadaqa e Fitr, and it is not permissible to give a Harbi any type of Sadaqa, neither Waajib nor Nafil, even though he may be in Darul Islam under the refuge of the Muslim King (Ruler). [Durr-e-Mukhtar, vol.2, pg.92]
Even though India is regarded as Darul Islam, the Kufaar here are not Zimmi, and to give them Nafil Sadaqa such as donations etc. is not permissible.
To give any other Sadaqa e Waajiba such as Nazr (offering), Kaffarah (compensation) and Fitrah etc. to those who cannot be given Zakaat, is also impermissible; except for hidden treasure (which is found) and that which is from a mine. As the one-fifth of that can be given to your children and to your parents, and there are actually certain circumstances when one can use it personally as well, which has already been explained earlier. [Jauhira]
Law 44: For those concerning whom it has been mentioned that they can be given Zakaat, the condition is that all of them must be Faqeer, except for an Aamil, as it is not a condition for him to be a Faqeer. As for the Umm-us-Sabeel, even though he is Ghani, but at that time, he will fall under the category of a Faqeer. Zakaat cannot be given to anyone else who is not a Faqeer. [Durr-e-Mukhtar, vol.2, pg.88]
Law 45: If a person who is on his deathbed (i.e. in his final illness), gave Zakaat to his brother, and this brother is his heir, then in the Court of Allah, this Zakaat has been discharged. However, the other heirs have the right, to take that Zakaat back from him, as it falls within the ruling of the bequest (Wasiyat), and it is not proper without the permission of the other heirs to the make a Wasiyat to a (particular) heir. [Raddul Muhtar, vol.2, pg.86]
Law 46: If Zakaat was given (by someone) to someone who serves him, and who does his chores, or if it was given to one who gave him some glad tidings (good news), or if he gave it to that person who sent him some gift, then all of this is permissible. However, if he gave it and said that it is in return (for whatever they did), then it is not discharged. During Baqr Eid, if he gave it to the male and female servants but said that it was Eidi (Eid gift), it will be discharged. [Jauhira, Alamgiri, vol.1, pg.190]
Law 47: If one used Tahar’ri (positive intuition), meaning he thought about it, and his heart confirmed and was fully content with this, that such and such person can be given Zakaat, and he thus gave the Zakaat to him, but later it was ascertained that he is a valid recipient of Zakaat, or his condition was still not known, then (in this case) the Zakaat will be regarded as being discharged. However, if later one ascertained that he was a Ghani, or that they were from among his
parents, or it was his child, or her husband, or his wife, or he was a Hashmi, or the slave of a Hashmi, or he was a Zimmi, then (in all such cases) it will be counted as being discharged. If one came to know that it was his own slave, or a Harbi, then it is not discharged. He should now pay it again. It will also fall under the ruling of Tahar’ri, if someone asked (begged) for Zakaat and he gave it to him, without thinking of him as being Ghani, or if a person was sitting with a group of Faqeers, looking like one of them, and he gave it to him. [Alamgiri, vol.1, pg.190; Durr-e-Mukhtar, Raddul Muhtar, vol.2, pg.92]
Law 48: If one gave Zakaat to someone without evening thinking about it, meaning he did not even think as to whether he can be given the Zakaat or not, and later he realised that he was not allowed to give him Zakaat, then in this case it will not be discharged; otherwise it will be discharged. If whilst giving it to him, if one had a doubt but one did not do Tahar’ri, or even if he did do Tahar’ri, but his heart did confirm and lean to one particular side, or if he did Tahar’ri and there was predominant likelihood that this person is not a legal recipient of Zakaat, but he still gave it to him, then in all such cases it will not regarded as being discharged.
It will (only) be regarded as discharged, if after giving it, it became evident that he was a legal recipient of Zakaat. [Alamgiri, vol.1, pg.190]
Law 49: In Zakaat and other Sadaqaat, it is Afdal (more virtuous), to first give it to your brothers and sisters, then to their children, then to your paternal uncles and aunts, then to their children, then to your maternal uncle and aunt, then to their children, then to (other) Zawil Arhaam (i.e. blood relatives), then to your (Muslim) neighbours, then to people of your own profession, then to the people of your own village, city or town. [Jauhira, Alamgiri, vol.1, pg.190]
It is reported in the Hadith that Nabi ﷺ said, ‘O Ummah of Muhammad ﷺ! By Him Who sent Me with the Truth, Allah Almighty does not accept the Sadaqa (Charity) of that person, whose relatives are in need of his assistance, but he gives it to someone else. By Him in Whose Divine Power is My Soul! Allah Almighty Allah will not look towards him with Mercy on the Day of Qiyaamat.’ [Raddul Muhtar, vol.2, pg.93/94]
Law 50: To send Zakaat to another city is Makruh, unless his relatives are there, then he may send it there to them, or if those there have a greater need for it, or the one to whom he is giving it, is more pious, or if it is more beneficial to the Muslims by sending it there. Alternatively, if it was sent for students of Deen, or for true worshippers; or if he is in Darul Harb and he sends it to Darul Islam, or if he sends it before his (Zakaat) year ends. To send it to another city (or town) in all these cases is permissible without any objection or protest. [Alamgiri, vol.1, pg.190; Durr-e-Mukhtar, vol.2, pg.93/94]
Law 51: A City (Town) here refers to that city, where his wealth (assets etc) is present. If he lives in one city and his wealth is present in another city, then in this case he should give it to those Fuqara who are in that city, and in the ruling of Sadaqa e Fitr, city refers to the city in which you are personally present. If one is personally in one city and his minor children and slaves are in another city, then he should distribute the Sadaqa e Fitr to the Fuqara of the city in which he personally is. [Jauhira, Alamgiri, vol.1, pg.190]
Law 52: It is impermissible to give Zakaat to a Bud-Mazhab (deviants). [Durr-e-Mukhtar, vol.2, pg.96]
When this is the ruling concerning the Bud-Mazhabs, then what can be said about the wahabiya of this time, who commit blasphemy in the Court of Allah, and insult the exalted station of the Beloved Rasool ﷺ, and they even publicise this. They are those whom the Grand (Righteous) Ulama e Haramain Sharifain have unanimously decreed to be Kaafir (unbelievers) and Murtad (apostates), even though they may call themselves Muslims. To give Zakaat to them is Haraam, and strictly Haraam, and if you did give it to them, then it will never be regarded as discharged under any circumstance.
Law 53: If one has food for the day, or if he is fit and healthy enough to earn a living, then for such a person to beg for food, is not Halaal. If someone gives him food without him begging (or asking for it), then for him to accept it is permissible. If he has enough to eat, but he does not have sufficient clothing, then in this case he may beg for clothing. Similarly, if he is occupied in Jihad (Truly fighting in the Way of Allah), or he is a student of Deen, then even if he is fit and healthy and is able to earn, he is allowed to ask for assistance.
It is also impermissible to give to such a person, upon whom it is not permitted to ask for assistance. One who gives him is sinful. [Durr-e- Mukhtar, vol.2, pg.95/96]
Law 54: It is Mustahab to give a person such an amount that he has no need to ask help (beg) for that day, and this differs based on the condition (i.e. the needs) of the Faqeer. One will have to consider his food (i.e. how much he requires), his family and children (i.e. the size of his family), and his other needs, and then give him (based on this information). [Durr-e-Mukhtar, vol.2, pg.93]