Now the
question remains that among the eight groups mentioned above who should be
given Zakat and in what circumstances, and who should not be given in a certain
case. I state some details before you about this matter also.
(1) Nobody can
give Zakat to his father or son. Also the husband cannot give Zakat to his wife
nor the wife to her husband. The jurists agree on this point. Some of them say
that those near relations should not be given Zakat whose sustenance is
compulsory on you or those who are your heir according to Shari'at but distant
relatives are entitled to it, in fact more entitled than others. But Imam
Auza'i says: "Do not go about searching your own relatives after taking
out Zakat."
(2) Only a
Muslim is entitled to receive Zakat. Non-Muslims have no such right. The
definition of Zakat as given in a Hadith, is : "It will be taken from the
wealthy among you and distributed to the poor among you." However, a
non-Muslim can be given a share from general charity. In fact, it is not good
to discriminate, while giving general charity, between a Muslim and a
non-Muslim. The latter should never be deprived of help because he is not a
Muslim.
(3) Imam Abu
Hanifa, Imam Abu Yusuf and Imam Muhammad say that the Zakat of every locality
should be spent on the poor inhabitants of that very locality. It is not good
to send Zakat from one locality to another unless there is none in the former
place entitled to receive it, or if any calamity such as flood, famine etc. has
befallen in another locality necessitating rushing of help from far and near
places. Almost the same opinion is held by Imam Malik and Imam Sufyan Thauri,
but this does not mean that it is illegal to send Zakat from one place to
another.
(4) Some elder
scholars think that Zakat should not be accepted by a person who has enough
provision for two meals. Some others opine that a person who possesses ten
rupees and according to others, a person who possesses twelve and half rupees,
should not accept Zakat. But Imam Abu Hanifa and his followers are of the
opinion that whosoever has less than fifty rupees with him can accept Zakat.
This excludes possession of houses, household assets, horses and servants. That
is to say, if, while possessing all these things, he has less than fifty rupees
with him, he is entitled to receive Zakat. In this matter, law is one thing and
a preferable principle is another thing. There is a difference between the two.
The preferable principle is this that the Holy Prophet said that if a person
who has enough material for the meals of morning and evening would extend his
hand to ask for charity, he would collect fire for himself. In a second Hadith,
the Prophet is reported as saying: "I would like a person to cut wood from
a tree and feed himself from its proceed instead of going about begging."
In a third Hadith, it is said that a person who has got something to eat or is
strong enough to earn his livelihood must not accept Zakat. But this is a
lesson in magnanimity. As for law, it is necessary here to explains to what
final limit a man is entitled to receive Zakat. This information is found in
other Ahadith. For instance, the Holy Prophet (peace and blessing of Allah be
upon him) said:
"It is the right of the beggar though he may
have come to you on horseback".
A person asked
the Holy Prophet: "I have ten coins
with me. Am I poor?"
Prophet
replied: "Yes".
Once two persons
called on the Holy Prophet and asked to Zakat. The Holy Prophet raised his eyes
and observed them carefully. Then he said:
"If you want to take it I shall give you. But
in this wealth there is no share for the rich and for the able-bodied who can earn".
It is clear
from all these Ahadith that whoever possesses money below the scale fixed for
Zakat, he falls in the category of beggars and as such can be given Zakat, it
is a different matter that the right to take Zakat actually belongs to those
who are really in need.
Need for collective system of 'Zakat'
I have stated
the essential injunctions about Zakat, but with all this there is one important
and necessary thing to which I want to draw your attention, and which Muslims
have forgotten these days. It is this that in Islam all works are done on a
party organization basis. Islam does not like individualism. If you are staying
far from the mosque and say your Salah alone, it will be formally correct but
Shari'at demands that it should be offered with the congregation. Similarly, if
there is no party organization, it will be correct to take out Zakat and spend
it on an individual basis. But efforts should in any case be made to centralize
the collection of Zakat in order that its distribution be conducted in a
systematic manner. A reference is made to this need in the Holy Qur'an. For
instance
"Take alms of their wealth and make them pure
and clean." (Al-Qur'an 9: 103)
i.e., Allah
ordered the holy Prophet: to collect Zakat from Muslims. It was not commanded
to Muslims to take out Zakat and distribute it individually. Similarly, the
fixing of a share in it for the collectors of Zakat clearly indicates that the
right method for it is that the Imam of Muslims should receive it regularly and
distribute it systematically.
Similarly, the
Holy Prophet (peace be upon him) said:
"I have been commanded to collect Zakat from
the rich among you and distribute it to the poor among you."
The Holy
Prophet (peace be upon him) and the Caliphs (may Allah be pleased with him)
worked according to this very system. All Zakat used to be collected by the
officials of the Islamic government and it was distributed from the centre.
Since there is no arrangement to collect Zakat and distribute it in a
systematic manner, you can individually take out your Zakat and spend it under
the heads sanctioned by the Shar'at. But it is incumbent on all Muslims to
think out methods of establishing a collective system for receiving and
distributing Zakat because without it the benefits accruing from making Zakat
obligatory remain incomplete.
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