Is zakah given to a daughter, a son, or a brother, and if the daughter is married to a poor man, does he deserve zakah? We ask for guidance on this.
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The questioner : Is zakah given to a daughter, a son, or a brother, and if the daughter is married to a poor man, to whom is it given? We ask for guidance on this.
The Shaykh : Zakah is obligatory and a pillar of Islam, and distributing it to those who are entitled to it is also obligatory, based on the saying of Allah the Exalted:[At-Tawbah 9:60].
These descriptions that determine entitlement are general for everyone. The principle is that it is permissible to distribute zakah to anyone who possesses these descriptions, except where evidence exists to prohibit it. Accordingly, distributing zakah to a daughter, son, father, brother, or the like is not permissible if doing so saves the person from spending what is obligatory upon him. It is not permissible to give it to them in such a case. However, if it does not save him from spending, there is no harm in giving zakah to them. For example, if you have a poor son, and it is known that if you are wealthy and he is poor, you are obligated to spend on him, then giving him from your zakah in this situation would mean you are saving yourself from the obligation to spend on this son, as if you had not actually paid the zakah. Therefore, it is not permissible in this situation to give your son from your zakah. We say the same regarding the father, and the same regarding the brother and all others whose financial maintenance is obligatory upon you. If you give them from your zakah in a way that saves your wealth from spending on them, that is not permissible.
However, if giving them from your zakah does not entail such savings, then there is no harm in giving them from your zakah. For instance, if your son is in debt, meaning he is owed by people for a reason that is not the obligatory spending you must provide, and you pay off his debt from your zakah, there is no blame on you. An example is if your son goes bankrupt in his trade, for instance, by buying a property whose value drops and he incurs a loss. In this case, it is permissible for you to pay off the debts he owes, whether they are large or small, because paying off his debt is not obligatory upon you. If you pay it off from your zakah, you have not saved anything that was obligatory upon you in your wealth. Similarly, if your wife has a debt and cannot pay it off, it is permissible for you to pay off her debt from your zakah. Likewise, if your father has a debt he cannot pay off, there is no blame on you for paying off his debt from your zakah. This is provided that the reason for the debt of these people is not a dire necessity for maintenance, causing them to borrow with the intention of repaying you. In that case, it is not permissible for you to pay off their debt from your zakah, because you are saving your wealth from something you are obligated to pay. I think the answer to this question has been understood from this detail. We say it is permissible for you to give your zakah to your child if it does not save you from something obligatory upon you in your wealth, such as paying off a debt he cannot pay from your zakah. The same applies to the father and the brother. Every relative upon whom you are not obligated to spend is eligible to receive zakah, whether they are from your ancestors, your descendants, or your collateral relatives.
The Shaykh : Zakah is obligatory and a pillar of Islam, and distributing it to those who are entitled to it is also obligatory, based on the saying of Allah the Exalted:
Zakah expenditures are only for the poor and for the needy and for those employed to collect [zakah] and for bringing hearts together [for Islam] and for freeing captives [or slaves] and for those in debt and for the cause of Allah and for the [stranded] traveler - an obligation [imposed] by Allah. And Allah is Knowing and Wise.
إنما الصدقات للفقراء والمساكين العاملين عليها والمؤلفة قلوبهم وفي الرقاب والغارمين وفي سبيل الله وابن السبيل فريضة من الله والله عليم حكيمThese descriptions that determine entitlement are general for everyone. The principle is that it is permissible to distribute zakah to anyone who possesses these descriptions, except where evidence exists to prohibit it. Accordingly, distributing zakah to a daughter, son, father, brother, or the like is not permissible if doing so saves the person from spending what is obligatory upon him. It is not permissible to give it to them in such a case. However, if it does not save him from spending, there is no harm in giving zakah to them. For example, if you have a poor son, and it is known that if you are wealthy and he is poor, you are obligated to spend on him, then giving him from your zakah in this situation would mean you are saving yourself from the obligation to spend on this son, as if you had not actually paid the zakah. Therefore, it is not permissible in this situation to give your son from your zakah. We say the same regarding the father, and the same regarding the brother and all others whose financial maintenance is obligatory upon you. If you give them from your zakah in a way that saves your wealth from spending on them, that is not permissible.
However, if giving them from your zakah does not entail such savings, then there is no harm in giving them from your zakah. For instance, if your son is in debt, meaning he is owed by people for a reason that is not the obligatory spending you must provide, and you pay off his debt from your zakah, there is no blame on you. An example is if your son goes bankrupt in his trade, for instance, by buying a property whose value drops and he incurs a loss. In this case, it is permissible for you to pay off the debts he owes, whether they are large or small, because paying off his debt is not obligatory upon you. If you pay it off from your zakah, you have not saved anything that was obligatory upon you in your wealth. Similarly, if your wife has a debt and cannot pay it off, it is permissible for you to pay off her debt from your zakah. Likewise, if your father has a debt he cannot pay off, there is no blame on you for paying off his debt from your zakah. This is provided that the reason for the debt of these people is not a dire necessity for maintenance, causing them to borrow with the intention of repaying you. In that case, it is not permissible for you to pay off their debt from your zakah, because you are saving your wealth from something you are obligated to pay. I think the answer to this question has been understood from this detail. We say it is permissible for you to give your zakah to your child if it does not save you from something obligatory upon you in your wealth, such as paying off a debt he cannot pay from your zakah. The same applies to the father and the brother. Every relative upon whom you are not obligated to spend is eligible to receive zakah, whether they are from your ancestors, your descendants, or your collateral relatives.
