The Fiqh of Zakat: Ownership, the Poor and Wealth
Imagine a beautiful garden with plants and flowers. It is essential to remove weeds for the garden to thrive. This is the original meaning of the word zakat. This is the sixth in a series of articles on Understanding Zakat: Practical Guidance on the Wisdom, Rules, and Etiquette of Giving Zakat.
The scholars mention a basic principle that is important just to keep in mind about anything that one studies or learns. Our religion is one of knowledge. The Prophet (Allah bless him and give him peace) said, “I was only sent as a teacher.” Shaykh Adib Kallas would say, “Matters are known by their definition.” Zakat is defined as the transfer of ownership of a portion of wealth, specified by the Lawgiver (by Allah), to a particular person (or to a particular category of people) with its intention.
It is a transfer of ownership. It needs to be given. And it can be given in many ways. Zakat is only due on certain matters because that is what Allah has specified. There is a wisdom in it. There is mercy. The basis of Zakat is that it is given to a poor Muslim. There’s some exceptions to that when it comes to those whose hearts are to be reconciled. There is some discussion on that between the schools of Islamic law.
The Hanafis said that those whose hearts are to be reconciled is a matter that was only during the time of the Prophet (Allah bless him and give him peace), then it was abrogated. Although, it is considered an ongoing category according to some other schools of Islamic law.
Basis of Zakat
The general basis of Zakat is that it is given to a poor Muslim because that Zakat is given within our own communities. Faith in any tradition calls one to give in charity so each community is expected to take care of its poor immediately. We have a broader societal responsibility as well to take care of the poor above and beyond Zakat, whoever they may be, particularly in our circles of concern. That is something that Muslims have always taken very seriously.
One does not give Zakat to a Hashimi (from the prophetic family). Also one gives without benefit returning to the one who gives the Zakat. If Amr hires Zaid to work in his media company, Amr cannot delay paying Zaid his salary by saying, “Now you are poor, I’m going to pay your salary using my Zakat.” Here Zaid is working for him.
Also, you cannot give it to your immediate family. Zakat is given for the sake of Allah. It is an act of worship and it requires intention for validity. Normally, you would only give it having intention but you need to have in mind that you are giving Zakat.
Is the default that you are giving Zakat? No, so you need to intend specifically that it is Zakat.
Transfer of Ownership
You have to give the Zakat. The Zakat cannot just be a broad indirect benefit that the poor person gets. If you go into charity work, you need to be aware of the guidance of Allah and His Messenger (Allah bless him and give him peace). Can you use Zakat money to build a well? It is conceptually possible to build a well using Zakat money but it is tricky because there has to be a transfer of ownership and if it is on public property then no one owns it (where it is for public access). One should consult.
The best thing you can do for someone poor is to give them the money and you assume that the person in need knows their needs better than you. There are many other wisdoms in it. Can you feed the poor using Zakat? Potentially, but it depends what you mean by feeding them. Could we invite poor people to a hub and just buy food from karamia using Zakat? No, you cannot. There is caution needed with this kind of spending of Zakat.
In anything that one does as a Muslim, one learns before one acts. The whole point of the guidance of Allah and His Messenger (Allah bless him and give him peace) is to preserve human benefit. People build Mosques and no one consults on how you set up the mosque properly, according to Islamic teachings and how to run it properly.
There needs to be actual giving and in complex cases, one should consult.
The Poor
Zakat must be given to a poor Muslim. In general, there’s some specific exception, Zakat is given to an individual and cannot just be given to a general cause. They need to be legally poor and Muslim.
Bear in mind, that we have other societal obligations. If there is poverty in the area you live in then it is a collective obligation for those who live in that area to take care of that poor person. If other people will not and you are able to, then you have an obligation.
That obligation is general, you have to do something about some of the societal needs that are out there. You have to have concern for all. You need to be doing something about some of the needs to the best of your ability.
Specified Wealth
Zakat is not due on all valuables. There are certain things that Zakat is clearly not due on. Broadly speaking, Zakat is not due on your personal belongings and the things that you use on a day-to-day basis unless they are specifically Zakat-able. Do you have to pay Zakat on your laptop, car, clothing, and furniture? No, Zakat is not due on those things. Part of it is mercy. Allah does not make us accountable for more than we are able.
As for the specified wealth, Zakat is due on money that you have, it is due on all gold and silver, it is due in a particular way on your investments, it is due on money you lent out because it is yours, if you have a business Zakat is due on your inventory (on your trade goods, the things that you have specifically for sale), and Zakat is also due on cattle and certain agricultural produce. If you have a thousand horses and 10,000 head of sheep, ask specifically about that.
