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﴿ فَاسْأَلُوا أَهْلَ الذِّكْرِ إِن كُنتُمْ لَا تَعْلَمُونَ ﴾

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The ruling on restricting the distribution of zakah to the needy and purchasing foodstuffs for them

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Question:
The questioner says: We have some Muslims among us who need money because they are poor. However, they smoke cigarettes. We give them charity in the form of some money, as well as zakah on wealth. When we hand this amount to them, we ask them not to use this money to buy and smoke cigarettes, but rather to use it to buy foodstuffs and other items that are permissible by the Shari'ah. What is the ruling on our asking them not to use this money? And is it permissible to buy foodstuffs with zakah money to give to those needy people? Please advise us, may Allah grant you success.

Answer:
This falls under the category of advice. Advising them not to buy smoke with it is also a matter of advice. If you give it to them, your conscience is clear, and they are not smoking; they are poor, and your conscience is clear. Even if they spend it on smoke, that is their responsibility. However, if you advise them, this is a matter of advice and cooperation in righteousness and piety. The sinner is given; if he is poor, he is given from the zakah as long as he is a Muslim. Likewise, the reconciled disbeliever is given, such as the leaders of tribes and the like, who are given from the zakah for the purpose of reconciling them, as Allah the Glorious and Exalted said:
Zakah expenditures are only for the poor and for the needy and for those employed to collect [zakah] and for bringing hearts togetherإِنَّمَا الصَّدَقَاتُ لِلْفُقَرَاءِ وَالْمَسَاكِينِ وَالْعَامِلِينَ عَلَيْهَا وَالْمُؤَلَّفَةِ قُلُوبُهُمْ
[At-Tawbah 9:60]
They are given to those whose hearts are to be reconciled. And the disbeliever is given from voluntary charity if he is not at war with us and there is no war between us and him; he is given from voluntary charity to reconcile him, perhaps Allah will guide him. Allah the Glorious and Exalted said:
Allah does not forbid you from those who do not fight you because of religion and do not expel you from your homes - from being righteous toward them and acting justly toward themلَّا يَنْهَاكُمُ اللَّهُ عَنِ الَّذِينَ لَمْ يُقَاتِلُوكُمْ فِي الدِّينِ وَلَمْ يُخْرِجُوكُم مِّن دِيَارِكُمْ أَن تَبَرُّوهُمْ وَتُقْسِطُوا إِلَيْهِمْ
[Al-Mumtahanah 60:8]
And they are disbelievers. It is reported in the authentic collections that the mother of Asma' bint Abi Bakr al-Siddiq (may Allah be pleased with them both) came during the truce between the Prophet (peace and blessings be upon him) and the people of Makkah, and she was a disbeliever. She came to Madinah seeking kindness, seeking kindness from Asma', the mother of Ibn al-Zubayr and the sister of 'A'ishah. So Asma' asked the Prophet (peace and blessings be upon him): "My mother has just arrived seeking kindness, and she is a disbeliever. Should I maintain ties with her?"
The Prophet (peace and blessings be upon him) said: Be kind to her. Being kind to a disbeliever who is not a combatant may be a cause of his Islam. There is no harm in it. He is given from the causes, perhaps he will become a Muslim. And the one whose heart is reconciled, who has status, is given from zakah, perhaps he will be guided, such as tribal leaders and leaders of disbelieving tribes, or those weak in faith, they are given, perhaps Allah will guide them and they will be upright. There is no harm in spending zakah on goods if they are orphans or women who may not be good at managing it; you buy for them clothing or food from zakah, there is no harm. This is the correct view. Yes.
Source قناة «فضيلة الشيخ ابن باز Alsheikh Binbaz»، 093 هل يحوز إعطاء الصدقة زكاة الأموال للفقراء ونطلب منهم ألا يستخدموها في شراء الدخان ويشتروا... — youtube.com

The Arabic text is a machine transcription of the audio recording.

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