As we know that zakah is paid to the poor, the needy, and orphans, is it permissible to pay it to the mother of orphans who does not pray?
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The questioner : As we know that zakah is paid to the poor, the needy, and orphans, is it permissible to pay it to the mother of orphans who does not pray?
The Shaykh : Zakah, as the questioner stated, is paid to the poor and the needy. As for orphans, it is not paid to them unless they are poor or needy, or belong to one of the other eight known categories. This is because being an orphan is not a reason for the permissibility of distributing zakah to one who is an orphan, because Allah the Exalted did not mention it in the verse of alms. Allah the Exalted said:[At-Tawbah 9:60] and He did not mention orphans. So, if the orphans are poor or needy, or possess a description that entitles them to zakah, then it is paid to them. However, merely being orphans does not entitle them to it. An orphan may be wealthy and not in need of zakah.
In any case, we return to her question: Is it permissible to give zakah to these poor orphans? We say: the poor, because they do not deserve it by virtue of being orphans, but rather by virtue of being poor. Is it permissible to give their mother some of the zakah to spend on them?
The answer is: Yes, it is permissible to give it to her to spend on them, on the condition that she is trustworthy with it. Generally, this condition is fulfilled in the case of the mother, because no one is more merciful to her child than a mother.
The questioner : She mentioned, O honorable Shaykh, that she does not pray. Is it permissible to give it to the mother of orphans who does not pray?
The Shaykh : Yes, that is so. We say that it is paid to her even if she does not pray, provided we trust her and are secure that she will spend it on these children.
The Shaykh : Zakah, as the questioner stated, is paid to the poor and the needy. As for orphans, it is not paid to them unless they are poor or needy, or belong to one of the other eight known categories. This is because being an orphan is not a reason for the permissibility of distributing zakah to one who is an orphan, because Allah the Exalted did not mention it in the verse of alms. Allah the Exalted said:
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
إنما الصدقات للفقراء والمساكين والعاملين عليها والمؤلفة قلوبهم وفي الرقاب والغارمين وفي سبيل الله وابن السبيلIn any case, we return to her question: Is it permissible to give zakah to these poor orphans? We say: the poor, because they do not deserve it by virtue of being orphans, but rather by virtue of being poor. Is it permissible to give their mother some of the zakah to spend on them?
The answer is: Yes, it is permissible to give it to her to spend on them, on the condition that she is trustworthy with it. Generally, this condition is fulfilled in the case of the mother, because no one is more merciful to her child than a mother.
The questioner : She mentioned, O honorable Shaykh, that she does not pray. Is it permissible to give it to the mother of orphans who does not pray?
The Shaykh : Yes, that is so. We say that it is paid to her even if she does not pray, provided we trust her and are secure that she will spend it on these children.