Is it permissible for a son who is independent of his family to give his zakah and fitr charity to his parents and siblings, or should he give it only to his siblings?
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The questioner: A married son.
The Shaykh: All right.
The questioner: And he lives in a residence separate from his father.
The Shaykh: Yes.
The questioner: His father has children, and they are poor. Is it permissible for this son to give his zakah and fitr charity to his brothers and his father, or only to his brothers?
The Shaykh: The zakah of his wealth and the fitr charity.
The questioner: Yes.
The Shaykh: Ah, the matter differs here. If the father and the brothers are poor and not wealthy, and they live independently and separately, as stated in the question, we see that it is permissible to give to the descendant from the ancestor and to give to the ancestor from the descendant, provided they do not live together and one does not provide for the other. If the father and his other children live on their own, and this wealthy son—assuming he is wealthy, as it appears from the question—also lives on his own, then he may give his zakah and fitr charity to his father and his brothers. This is different from the case where he is responsible for providing for them. In that case, it is said, "Maintenance and zakah do not combine." Therefore, it is not permissible to give zakah to someone for whom one provides maintenance. However, if, as we mentioned earlier, the father and his children live on their own and are self-sufficient—meaning they are covered, as it is said—then this wealthy son may give his zakah to his poor father and brothers.
The questioner: Does it not mean that there should be a distinction between the father and the children, since the Prophet (peace and blessings be upon him) made the child part of his father's earnings and made his wealth belong to his father?
The Shaykh: Yes.
The questioner: So, does this hadith and other similar hadiths prevent giving zakah to the father, who is the ancestor in the presence of this son, just as it is his right over his son that he should provide for him the maintenance that poverty and need prevent him from having?
The Shaykh: We said something: if they are self-sufficient and covered, that is one thing. But if they are not, then the son is obligated to provide for them. If he provides for them, it is not permissible for him to give them his zakah. We explicitly stated that zakah charity and maintenance are two things that do not combine. If the father is in need, he may compel his son and take from him what suffices him from his wealth, even against his will. But if he lives in a state of self-sufficiency—you know that some people, especially in the past, were wealthy but then became poor. They were wealthy and quickly became poor because they spent their wealth out of asceticism regarding this world. So it is possible that we imagine a father who is ascetic regarding this world and has no desire for expansion in life, as is the case with many fathers in almost every era. If we imagine a father who is content without the middle ground of living and is self-sufficient, and does not ask his son for maintenance, and then the son gives his zakah to his father and his father accepts it, then it is a matter of maintaining family ties and a matter of what? Charity, as mentioned in some hadiths. As for the children, as you pointed out, there is undoubtedly a difference between them and the father.
The questioner: Another question.
The Shaykh: All right.
The questioner: And he lives in a residence separate from his father.
The Shaykh: Yes.
The questioner: His father has children, and they are poor. Is it permissible for this son to give his zakah and fitr charity to his brothers and his father, or only to his brothers?
The Shaykh: The zakah of his wealth and the fitr charity.
The questioner: Yes.
The Shaykh: Ah, the matter differs here. If the father and the brothers are poor and not wealthy, and they live independently and separately, as stated in the question, we see that it is permissible to give to the descendant from the ancestor and to give to the ancestor from the descendant, provided they do not live together and one does not provide for the other. If the father and his other children live on their own, and this wealthy son—assuming he is wealthy, as it appears from the question—also lives on his own, then he may give his zakah and fitr charity to his father and his brothers. This is different from the case where he is responsible for providing for them. In that case, it is said, "Maintenance and zakah do not combine." Therefore, it is not permissible to give zakah to someone for whom one provides maintenance. However, if, as we mentioned earlier, the father and his children live on their own and are self-sufficient—meaning they are covered, as it is said—then this wealthy son may give his zakah to his poor father and brothers.
The questioner: Does it not mean that there should be a distinction between the father and the children, since the Prophet (peace and blessings be upon him) made the child part of his father's earnings and made his wealth belong to his father?
The Shaykh: Yes.
The questioner: So, does this hadith and other similar hadiths prevent giving zakah to the father, who is the ancestor in the presence of this son, just as it is his right over his son that he should provide for him the maintenance that poverty and need prevent him from having?
The Shaykh: We said something: if they are self-sufficient and covered, that is one thing. But if they are not, then the son is obligated to provide for them. If he provides for them, it is not permissible for him to give them his zakah. We explicitly stated that zakah charity and maintenance are two things that do not combine. If the father is in need, he may compel his son and take from him what suffices him from his wealth, even against his will. But if he lives in a state of self-sufficiency—you know that some people, especially in the past, were wealthy but then became poor. They were wealthy and quickly became poor because they spent their wealth out of asceticism regarding this world. So it is possible that we imagine a father who is ascetic regarding this world and has no desire for expansion in life, as is the case with many fathers in almost every era. If we imagine a father who is content without the middle ground of living and is self-sufficient, and does not ask his son for maintenance, and then the son gives his zakah to his father and his father accepts it, then it is a matter of maintaining family ties and a matter of what? Charity, as mentioned in some hadiths. As for the children, as you pointed out, there is undoubtedly a difference between them and the father.
The questioner: Another question.
Source
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