Is it permissible for a person to give the zakah of his wealth to his daughter’s children and his son’s children if they are poor and in need?

The questioner:
He is a farmer, and he pays the zakah after the harvest in accordance with the saying of Allah the Exalted: This is when the produce reaches the nisab. My young children and I live off the produce of my land, which covers only my necessities, and I have nothing extra to give in charity to the poor. I have a married son who has three children so far, and his income is less than his necessities. I also have a married daughter with five children, and her husband needs assistance. I give my zakah to my daughter’s children and my son’s children every harvest. The jurist of the village told me that it is not permissible to give zakah to one’s grandchildren. I told him that Islam is the religion of fitrah (the innate natural disposition). Should I leave my grandchildren, who are in need, and give the zakah to others? Allah says: and He says: The poor relative is more deserving of zakah than others. I have nothing to give them other than the zakah. I use my reason to conclude that it is not right to leave my children in hunger and nakedness and give my zakah to others. This is a summary of my relative’s letter. I ask that you guide him and others like him on this matter. May Allah reward you with good.

The Shaykh:
As for what you mentioned regarding your concern with paying the zakah, this is something for which you are to be praised. It is an obligatory matter, and you can expect great reward from Allah (Glorified and Exalted is He) for it. Concerning the zakah is obligatory for the Muslim, just as concern for the prayer is obligatory; because the zakah is paired with the prayer in the Book of Allah (Mighty and Majestic).
As for what you mentioned about paying the zakah of your land to your poor son’s children, and also paying it to your poor daughters’ children, there is a distinction here. Paying it to your son’s children is not permissible; because paying zakah is not permissible for the descendants of a person or for his ancestors. That is, it is not permissible for his children or for his fathers and grandfathers. It is not permissible to pay zakah to a descendant or to an ancestor. The jurists say it is not permissible to pay it to one’s vertical lineage, meaning the descendants and the ancestors. This is because the descendants and ancestors have a right that is obligatory upon you from your wealth if they are poor and you are able to provide for them. You are required to provide for them. As for the zakah, it is not permissible for them, neither for your descendants nor for your ancestors. However, if your daughter’s husband is poor and has children, you pay the zakah to your daughter’s husband because he is distant from you; he is not one of your ancestors or one of your descendants. Likewise, it is permissible to pay the zakah to your other relatives who are not in your vertical lineage, such as your poor brothers, your poor sisters, your paternal cousins, your paternal aunts, and others. You pay it to your relatives who are not in your vertical lineage. As for your vertical lineage, it is not permissible for you to pay it to them, as mentioned previously. Yes.

The presenter:
May Allah reward you with good, and may Allah reward you.

The questioner:
This is the discussion that Shaykh Salih is having, and he says that this matter does not agree with the contract, and so on. Is there any comment on these ideas? May Allah reward you with good.

The Shaykh:
Yes, this is one of the faults. A person is not allowed to discuss matters without knowledge. As long as the jurist has told you that this is not permissible, and he is a jurist, and you are a layman, it is obligatory for you to comply and leave off the discussion. The rational mind has no place in matters of the Shari'ah. One must refer to the texts of the Book and the Sunnah, and to the people of knowledge who understand these texts, for matters of the Shari'ah, the halal and the haram, the obligatory and the recommended, the forbidden, and the disliked, and other rulings of the religion. As for the layman, it is not permissible for him to use his reason to prefer one thing over another or to judge by his reason. His statement that Allah the Exalted says: This right is not the zakah. Rather, he has a right that is obligatory upon you through maintaining family ties. It is obligatory upon you to maintain family ties and to give him charity if he is in need. This is the right that is obligatory for him from you: maintaining kinship, maintaining family ties.

The presenter:
May Allah reward you with good, and may He do you good.

The questioner:
So, if a scholar has issued a fatwa for a person, should he submit to that ruling without discussing it, especially if the mufti is knowledgeable about the principles of the Shari'ah?

The Shaykh:
Yes, and likewise, Allah the Exalted says: We are not commanded to ask the people of knowledge except because it is obligatory for us to follow their words when we are ignorant of the ruling; we rely on the words of the scholars.

The presenter:
May Allah reward you with good, and may He do you good