Ruling on Giving Charity to Non-Muslims

Question:
Your Eminence, in a previous session, we presented to you a question from our sister listener, Fairuz Hamed al-Sharif, from Libya. That question was about the alms given at the end of Ramadan: is it permissible to give it to non-Muslims? The time for that session ran out before you could kindly explain this legal aspect and this legal policy regarding giving to non-Muslims from the obligatory alms. We would like you to begin this session by discussing this topic and that legal policy. May Allah reward you with good.

Answer:
In the name of Allah, the Most Gracious, the Most Merciful. Praise be to Allah, and may Allah send prayers and blessings upon the Messenger of Allah, and upon his family and his Companions, and upon those who follow his guidance. As for what follows:
Allah has prescribed for the Muslims to be kind to non-Muslims, whether they are disbelievers or not, and to give to those whose hearts are to be reconciled from zakah and other sources; in order to reconcile their hearts to Islam, strengthen their faith, call others to enter Islam, and repel the evil of those whose evil is feared. For this reason, He (Exalted and Majestic is He) said: [Surah al-Tawbah: 60], thereby assigning them a share of the zakah. A group of scholars said: they are the respected leaders obeyed in their tribes, meaning the chiefs and notables who, if given, would benefit from the gift through the strength of their faith, or through their Islam if they were disbelievers, or through the Islam of their peers, or through repelling their evil if their evil was feared. All of this is part of the Shari'ah policy.
It is permissible to give to them from other than zakah, from the public treasury from the charities of the Muslims; in order to reconcile their hearts, repel their evil if their evil is feared, and call others to Islam. Allah said in His great Book in Surah al-Mumtahanah: [Surah al-Mumtahanah: 8].
So He (Glorified and Exalted is He) informed us that He does not forbid us from being kind to those who did not fight us in religion and did not expel us from our homes, being dutiful to them, and being just to them; because of the reconciliation of their hearts, their encouragement toward Islam, and the repelling of their harm if their harm is feared. So they are given from the public treasury, and the Muslims give them from their wealth and their charities; to meet their need, to satisfy it, to reconcile their hearts, and to call them to Islam, or to strive for the strength of their faith if they are Muslims.
It is established from the Prophet (peace and blessings be upon him) that he said to Asma' bint Abi Bakr (may Allah be pleased with them both) when her mother came to her during the truce, and she was a disbeliever seeking kinship and kindness, he said to her (peace and blessings be upon him): This was from the perspective of reconciliation and kindness to her mother, while she was upon the religion of her people during the truce between the Prophet (peace and blessings be upon him) and the people of Makkah. And 'Umar used to give to some of his relatives in Makkah during the truce .
The point is: that maintaining ties and being kind to disbelievers with whom there is no war, during a truce, or during a treaty, or during a state of protection if the one in authority sees it, or if a person sees it with his relatives, or with others; there is nothing wrong with it. Rather, in it is the reconciliation of hearts, and a call to Islam and encouragement toward it, so that they know that Islam encourages kindness and calls to kindness with its people, and with others who are not at war with us.
How much great good has come about through kindness! Many people used to hate the Prophet (peace and blessings be upon him) and oppose him, but when he was kind to them and shared with them, they loved him and entered Islam.
Among them is Safwan ibn Umayyah who said : "There is no one I hate more than Muhammad (may the prayers and peace of Allah be upon him). But he kept giving to me, and giving to me, until he became the most beloved of people to me, and until Allah brought Islam into me." This is his statement, or its meaning. And so said others to whom the Prophet (peace and blessings be upon him) was kind. An Arab came to him asking, so he gave him sheep. He went to his people and said: "O my people! Embrace Islam, for Muhammad gives the gift of one who does not fear poverty."
The point is: that kindness to the Muslim and to others benefits greatly. It strengthens the faith of the Muslim if the one in authority gives to him, or if the Muslims give to him, if his brothers give to him from their obligatory alms and their charities, and he is in need, his faith is strengthened, and his love for his Muslim brothers is strengthened, and his work in Islam is strengthened. And if the Muslims are kind to others from the disbelievers, especially the leaders and the great, that is in it great good, in it a call to them to Islam, and informing them of what is in Islam of good and kindness and generosity toward their opponents if they are not at war with us.
So Islam commands kindness, generosity, and nobility toward the poor Muslims, and toward the poor of others who have a treaty, or protection, or a covenant. The believer reconciles them thereby, and calls them to enter Islam, and makes Islam attractive to them.
So the believer should consider this with his relatives, and with his neighbors if he is in a land where there are disbelievers, and there is safety between them and no war, that he be kind to them so that he encourages them in Islam, and so that he strengthens their faith if they are Muslims.
As for the obligatory alms, it is given to the leaders and the great according to the majority. It is only given to the leaders, the notables, and the respected ones; to reconcile them if they are Muslims, to strengthen their faith, and to call them to Islam if they are not Muslims, and to call their peers to it, and to repel their harm if there is harm in them.
As for voluntary charity, it is general for the leaders, and for non-leaders from the disbelievers with whom there is no war between us. They are given from wealth, and they are treated kindly with other than wealth, such as intercession that benefits them, or relieving a distress, or repelling harm from them; so that they are encouraged in Islam, and so that they turn to it with their hearts, and so that they know its excellence and the excellence of its people. And Allah is the Helper. Yes.

The presenter: And Allah is the Helper. May Allah reward you with good. Your Eminence: the reality is that many Muslims are unaware of this aspect of the legal policy.

The Shaykh: Correct.

The presenter: Would you kindly say a word about this? May Allah reward you with good.

The Shaykh: There is no doubt that many people are unaware of this matter. It should be known. For this reason, Allah assigned to those whose hearts are to be reconciled a right in the obligatory alms, and a right in the public treasury. So the one in authority should consider this, and should care for those whose hearts are to be reconciled; so that they may be a help to the Muslims, and so that they may be encouraged in Islam, or so that they may refrain from harming the Muslims.
And so individual Muslims are kind to their neighbors if they are in a land where there are disbelievers. They are kind to them, and encourage them in Islam, and give them from their charities what encourages them in Islam. And if they are from the respected ones and the chiefs, they give them also from the obligatory alms; perhaps they will embrace Islam, or their peers and those like them will embrace Islam. We ask Allah to make the Muslims understand in His religion, and to help them in all good.

The presenter: May Allah reward you with good.