Minggu, 03 Juli 2011

The Manner of Distributing Zakah

  1. The Zakah giver is freed from its burden as soon as he grants its ownership to any of the first four categories of Zakah recipients: the poor, the needy, those employed to administer the Zakah, and those whose hearts are to be reconciled. Making either of these categories in full possession of Zakah is a condition for the verification of the payment of Zakah. Granting full possession implies giving the recepient a certain amount of money, or buying a means of production or craft tools and granting their ownership to the recepient who has the capability to work. As for those in bondage, those in debt, fighters in the cause of Allah, and the wayfarers, it is sufficient to deliver Zakah to them through any means.
     
  2. Concerning the poor, the needy, those employed to administer Zakah, and those whose hearts ar to be reconciled, it is enough to have them meeting the conditions of receiving Zakah at the due time of the Zakah payment. If their state changed after Zakah had been paid to them, they are not required to pay it back.
     
  3. As for those who are in debt, wayfarers, and fighters in the cause of Allah who receive Zakah, if their state changes or if they did not use the money to meet the necessity for which they deserved it, Zakah should be taken back from them.
     
  4. Relief from debts due on Zakah recipient. If an insolvent borrower fails to settle up his debts to his lender who later acquitted him from paying them back, such debts will not be regarded as Zakah even if the borrower is a Zakah recipient. This is the opinion held by most scholars.
This rule applies to the following cases as well:
  • If the lender pays Zakah to the borrower who returns it as settlement of his debts without a prior consent, Zakah is valid.
     
  • If the lender pays Zakah to the borrower provided that the latter will pay it back instead of his debts or if both agree on this matter, Zakah is not valid. This is the opinion held by the majority of scholars.
     
  • If the borrower asks his lender to give him Zakah so that he could settle up his debt, and the borrower did so, Zakah is valid. Yet, the borrower is not obliged to pay back the very same amount as settlement of his debt.
     
  • If the lender said to the borrower: "Settle up your debt and I will give you Zakah." and the borrower did, Zakah is valid and the lender is not obliged to pay back the very same amount (of the debt) to the borrower.

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