What is the ruling on one who paid his zakah to a person he thought was a Muslim, but it turned out he was a disbeliever?
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The questioner : He says: Honorable Shaykh, may Allah grant you success. I gave the zakah of my wealth a year ago, thinking that the recipient was in need, but it turned out that he is a non-Muslim. What is the ruling on this zakah, especially if the zakah was from gold?
The Shaykh : Who?
The questioner : From gold.
The Shaykh : We mentioned the categories of zakah recipients just a moment ago. Do not give zakah to a disbeliever except in one case: if it is to reconcile him to faith. This is a rule; keep it in mind as a broad principle. Do not give zakah to a disbeliever except if it is to reconcile him to Islam.
Is it known? So if a person pays it thinking the recipient is a Muslim, but it turns out he is a disbeliever, does it suffice or not? Let us look at this: A man prayed before sunset, thinking the sun had set. He prayed Maghrib before sunset, thinking the sun had set, but it turned out it had not. Does it suffice, or must he repeat it? He must repeat it. If a person places zakah with someone who is not its rightful recipient, it is like one who prays before its time. In this example mentioned by the questioner, what is obligatory for the one who gave it? He must return it, because it was placed in the wrong place. If someone were to ask:
What do you say about the story of the man about whom the Prophet (peace and blessings be upon him) spoke, when he went out with his charity and gave it, and it ended up in the hand of a rich man? So the people started talking, saying, "He gave charity to a rich man tonight." He, the one who gave the charity, said, "Praise be to Allah for the rich man," as if he regretted it. Then he went out with his charity the second night and placed it in the hand of a thief. So the people started talking in the morning, because all the people cared about was gloating. They said, "He gave charity to a thief tonight." He said, "Praise be to Allah for the rich man and the thief." Then he went out with his charity the third night. He placed it in the hand of a woman. And she was a prostitute, meaning a fornicator. So the people started talking, saying, "He gave charity to a fornicator tonight." He said, "Praise be to Allah. I regret it. For the rich man, the thief, and the fornicator."
It was said to him, "Inspiration," or it was said to him, "Your charity has been accepted. Perhaps the rich man will take a lesson and give charity. And perhaps the thief will be satisfied with what he was given and stop stealing." Similarly, regarding the prostitute, some scholars derived from this hadith—because we cited it—that it does not suffice if it is placed in the hand of a disbeliever. Some scholars said this hadith does not indicate that obligatory charity, if paid to someone who is not entitled to it, suffices. Because this charity is voluntary charity; who said it was zakah? And the principle among those who argue from it is that if there is a possibility, the argument is invalid. Therefore, this scholar said: If a person pays his zakah to someone who is not entitled to it, thinking he is entitled, it does not suffice for him, even if he gave it to a rich man thinking he was poor. Take this as the second opinion: If he gave it to a rich man thinking he was poor, and it turned out he was rich, it sufficed. But if he gave it to a disbeliever thinking he was a Muslim, it does not suffice, restricting the ruling to the specific case mentioned in the text.
And others said: No, if he pays it to someone he thinks is entitled, and he exerted effort (ijtihad), and it turns out he is not entitled, then it suffices, based on the text regarding the rich man and by analogy for others. And on this basis, we say to the brother: The precaution for you is to pay the zakah that you paid to the disbeliever again, and Allah will compensate you. And the presenter announced the end of the time. And peace be upon you and the mercy of Allah and His blessings, and until the next meeting, if Allah wills.
The Shaykh : Who?
The questioner : From gold.
The Shaykh : We mentioned the categories of zakah recipients just a moment ago. Do not give zakah to a disbeliever except in one case: if it is to reconcile him to faith. This is a rule; keep it in mind as a broad principle. Do not give zakah to a disbeliever except if it is to reconcile him to Islam.
Is it known? So if a person pays it thinking the recipient is a Muslim, but it turns out he is a disbeliever, does it suffice or not? Let us look at this: A man prayed before sunset, thinking the sun had set. He prayed Maghrib before sunset, thinking the sun had set, but it turned out it had not. Does it suffice, or must he repeat it? He must repeat it. If a person places zakah with someone who is not its rightful recipient, it is like one who prays before its time. In this example mentioned by the questioner, what is obligatory for the one who gave it? He must return it, because it was placed in the wrong place. If someone were to ask:
What do you say about the story of the man about whom the Prophet (peace and blessings be upon him) spoke, when he went out with his charity and gave it, and it ended up in the hand of a rich man? So the people started talking, saying, "He gave charity to a rich man tonight." He, the one who gave the charity, said, "Praise be to Allah for the rich man," as if he regretted it. Then he went out with his charity the second night and placed it in the hand of a thief. So the people started talking in the morning, because all the people cared about was gloating. They said, "He gave charity to a thief tonight." He said, "Praise be to Allah for the rich man and the thief." Then he went out with his charity the third night. He placed it in the hand of a woman. And she was a prostitute, meaning a fornicator. So the people started talking, saying, "He gave charity to a fornicator tonight." He said, "Praise be to Allah. I regret it. For the rich man, the thief, and the fornicator."
It was said to him, "Inspiration," or it was said to him, "Your charity has been accepted. Perhaps the rich man will take a lesson and give charity. And perhaps the thief will be satisfied with what he was given and stop stealing." Similarly, regarding the prostitute, some scholars derived from this hadith—because we cited it—that it does not suffice if it is placed in the hand of a disbeliever. Some scholars said this hadith does not indicate that obligatory charity, if paid to someone who is not entitled to it, suffices. Because this charity is voluntary charity; who said it was zakah? And the principle among those who argue from it is that if there is a possibility, the argument is invalid. Therefore, this scholar said: If a person pays his zakah to someone who is not entitled to it, thinking he is entitled, it does not suffice for him, even if he gave it to a rich man thinking he was poor. Take this as the second opinion: If he gave it to a rich man thinking he was poor, and it turned out he was rich, it sufficed. But if he gave it to a disbeliever thinking he was a Muslim, it does not suffice, restricting the ruling to the specific case mentioned in the text.
And others said: No, if he pays it to someone he thinks is entitled, and he exerted effort (ijtihad), and it turns out he is not entitled, then it suffices, based on the text regarding the rich man and by analogy for others. And on this basis, we say to the brother: The precaution for you is to pay the zakah that you paid to the disbeliever again, and Allah will compensate you. And the presenter announced the end of the time. And peace be upon you and the mercy of Allah and His blessings, and until the next meeting, if Allah wills.
Source
اللقاءات الرمضانية لعام 1413هـ - 1 — binothaimeen.net (1:23:23)
The Arabic text is a machine transcription of the audio recording.