A man gives his zakah to his sons and says that his sons are more deserving of the zakah than a stranger. Is this correct?
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The questioner : My first question concerns zakah. There is a person who distributes his zakah to his sons instead of giving it to a stranger, and he says: “My sons are more deserving of the zakah than a stranger.” Is this action correct, O honorable Shaykh?
The Shaykh : This action is not correct. That is, it is not permissible for a person to give his zakah to his sons, his daughters, or anyone for whom he is obligated to provide financial maintenance. If a person gives zakah to someone for whom he is obligated to provide maintenance, the benefit returns to him, and he has intended with his zakah to preserve his wealth and save it from being spent. This is not permissible.
However, if his sons have debts that were not incurred due to the financial maintenance obligatory upon the father, and he pays them off on their behalf, then there is nothing wrong with it, because they are among those in debt, and those in debt are not obligated to have their father pay their debts, except if the debt they borrowed was for their own maintenance while the father is obligated to provide for them. In this case, it is not permissible for him to give them from the zakah to pay off the debt; rather, he must pay the debt, because they fulfilled an obligation that was upon him. Therefore, he must pay the debt from his own wealth, not from his zakah.
In summary, we say: Giving zakah to sons or daughters is not permissible and does not suffice, because it leads to preserving his wealth from being spent, except if the sons or daughters have debts they cannot pay, and these debts were not imposed on them due to financial maintenance obligatory upon their father. In this case, the father may pay their debts from his zakah. Yes.
The questioner : The listener Abdullah Abd al-Rahman Abd al-Haqq from Egypt asks, O honorable Shaykh, and says:
The Shaykh : This action is not correct. That is, it is not permissible for a person to give his zakah to his sons, his daughters, or anyone for whom he is obligated to provide financial maintenance. If a person gives zakah to someone for whom he is obligated to provide maintenance, the benefit returns to him, and he has intended with his zakah to preserve his wealth and save it from being spent. This is not permissible.
However, if his sons have debts that were not incurred due to the financial maintenance obligatory upon the father, and he pays them off on their behalf, then there is nothing wrong with it, because they are among those in debt, and those in debt are not obligated to have their father pay their debts, except if the debt they borrowed was for their own maintenance while the father is obligated to provide for them. In this case, it is not permissible for him to give them from the zakah to pay off the debt; rather, he must pay the debt, because they fulfilled an obligation that was upon him. Therefore, he must pay the debt from his own wealth, not from his zakah.
In summary, we say: Giving zakah to sons or daughters is not permissible and does not suffice, because it leads to preserving his wealth from being spent, except if the sons or daughters have debts they cannot pay, and these debts were not imposed on them due to financial maintenance obligatory upon their father. In this case, the father may pay their debts from his zakah. Yes.
The questioner : The listener Abdullah Abd al-Rahman Abd al-Haqq from Egypt asks, O honorable Shaykh, and says:
