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﴿ فَاسْأَلُوا أَهْلَ الذِّكْرِ إِن كُنتُمْ لَا تَعْلَمُونَ ﴾

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Ruling on the condition of paying the zakah of the rented property to the lessor

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I took a piece of land from a person to farm it, and he made it a condition that I give him the zakah, whether he is poor or rich. I have given it to him. Have I fulfilled the obligation upon me in this situation, or not?
Answer: This contract is invalid. It is not permissible to rent land on the condition that you give him the zakah. This is not permissible. You agree with him on a rent that you both find acceptable, and that is sufficient. As for the condition of zakah, that is not allowed, even if he is poor; the condition of zakah for him does not become valid. This is because there are many poor people, and this is a lease, a transaction that is not established by zakah but by other forms of compensation. If he is poor, you may give to him without a condition. You may give him from the zakah if you wish to do so, without a condition, and it is not obligatory. In fact, you may give to other poor people. The point is: it is never permissible to make it a condition in the rent, whether a little or a lot. Rather, the rent must be agreed upon between you two, separate from the zakah. As for whether you give him from the zakah or not, that is a separate matter. You may give to him if he is among those who are eligible, and you may withhold it from him and give to others. You are not blameworthy for this. And it is not permissible to link it to the lease in any way. Yes.
Source binbaz.org.sa

The Arabic text is copied verbatim from the original source, without any edits.

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