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5.0 THOSE TO WHOM IT IS AND IS NOT ALLOWED TO GIVE ZAKAT
5.1 Those Who May Receive Zakat
Allah, the Exalted, says, (translated),
"Alms are only for the poor, the destitute, those who collect them, those whose hearts are to be reconciled, for [mukatib] slaves, debtors, and in the Path of Allah, and the wayfarer. An [ordained] obligation from Allah. And Allah is Knowing, Wise." [Qur’an, 9:60]
These, then, are eight categories, out of which ‘those whose hearts are to be reconciled’ have dropped, because Allah has granted honor to Islam and has freed [it] of need of them.
The Poor : is one who has the least of things.
The Destitute : is one who has nothing.
The [Zakat-]Worker : is paid by the imam in proportion to his work, if he worked.
Slaves : the mukatibun are assisted in freeing themselves.
The Debtor : is one on whom a debt is incumbent.
In the Path of Allah : are the stranded fighters.
The Wayfarer : is one who has money in his home-land, but is in a place in which he has nothing.
These, then are the sections of zakat.
The possessor may pay [some] to each of them, or he may restrict himself to one category.
5.2 Causes Not Eligible for Receipt of Zakat
1. It is not permissible for one to give zakat to a dhimmi,
2. Nor may a mosque be built with it,
3. Nor may a dead person be shrouded with it,
4. Nor may a slave be bought with it to free,
5. Nor may it be payed to a rich person.
5.3 Relationships Making One Ineligible to Receive Zakat
1. Nor may the payer of zakat pay it to his father, nor his grandfather even if higher [up in ascendancy],
2. Nor to his child, nor his child’s child, even if lower [down in descendancy],
3. Nor to his wife.
A woman may not pay [her zakat] to her husband, according to Abu Hanifah. Abu Yusuf and Muhammad said : she may pay [it] to him.
4. One may not pay [one’s zakat] to one’s mukatib or slave, nor to the slave of a wealthy person, nor to the child of a wealthy person if he is a minor.
5. It may not be paid to Banu Hashim, and they are : the Household of `Ali, the Household of `Abbas, the Household of Ja`far, the Household of Harith ibn `Abd al-Muttalib; nor to their freed slaves.
5.4 Miscellaneous Regulations
1. Abu Hanifah and Muhammad said : If one pays zakat to a man whom one thinks to be poor, and then it transpires that he is rich, or Hashimi, or an unbeliever, or [if] one paid [it] in darkness to a poor person, and then it transpired that he was his father or his son, then repeating it is not [obligatory] upon him.
Abu Yusuf said : Repetition is [obligatory] upon him.
If one paid [it] to a person, and then he learned that he is his slave or mukatib, it is not valid according to the verdict of them all.
2. It is not permissible to pay zakat to anyone who possesses the nisab of whatever type of wealth it may be. It is permissible to pay it to anyone who possesses less than that, even if he is healthy and earning.
3. It is disliked to transfer zakat from one land to another; rather the alms of each people should be distributed amongst them, unless a person transfers it it to his relatives, or to a people who are more in need than the people of his land.
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