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IRSYAD AL-FATWA 314: DOES “AHLI BAIT” OF THE PROPHET PBUH LIVING TODAY HAS A RIGHT TO RECEIVE ZAKAT?

314

Question:

Assalamualaikum SS Dato’ Seri, can I get an explanation from Dato’ Seri Dr Zul regarding the prohibition for Ahlul Bait such as Syed and Sharifah to receive zakat?

For there are people who claim that it is permissible while others claimed otherwise. Thank you, Dato’ Seri.

 

Answer:

Alhamdulillah, praise and thanks to Allah for the many countless blessings He has blessed us all with. Blessings and salutations to the Prophet Muhammad PBUH, his wives, his family, companions and all those that follow his teachings to the day of judgement.

In explaining and answering the question regarding the issue asked, it is best if we start with the definition of zakat itself. According to syarak, zakat is certain amounts taken from certain properties, which is obligatory to be given to certain people when the conditions for it is met. The property given to these certain people is named as zakat.

Giving zakat is also a means of cleansing one’s property from anything that is syubhah (doubtful). In other words, it is giving the rights of other people from the property, especially for those who are really in need for it. (See al-Fiqh al-Manhaji, 1/629-630)

The impurities of the property are cleansed and distributed to the rightful recipients. Hence, with the supplication of the recipient will result in the rest of the property to be blessed.

Who are the rightful recipients of zakat?

There are only a selective group of people who are eligible to receive zakat (asnaf), as stated in the Quran by Allah SWT. They are divided into eight categories:

Allah SWT state:


إِنَّمَا الصَّدَقَاتُ لِلْفُقَرَاءِ وَالْمَسَاكِينِ وَالْعَامِلِينَ عَلَيْهَا وَالْمُؤَلَّفَةِ قُلُوبُهُمْ وَفِي الرِّقَابِ وَالْغَارِمِينَ وَفِي سَبِيلِ اللَّهِ وَاِبْنِ السَّبِيلِ فَرِيضَةً مِنْ اللَّهِ وَاللَّهُ عَلِيمٌ حَكِيمٌ

“Zakah expenditures are only for the poor and for the needy and for those employed to collect [zakah] and for bringing hearts together [for Islam] and for freeing captives [or slaves] and for those in debt and for the cause of Allah and for the [stranded] traveler - an obligation [imposed] by Allah. And Allah is Knowing and Wise.”

Surah al-Taubah (60)

It’s clear from the statement of Allah SWT that zakat is property that is donated by the wealthy for the asnaf for their use in their lives.

Coming back to the question we are discussing, we should know that, the Prophet PBUH is a person who did not receive zakat and is prohibited from receiving any yield from the zakat in his life. Furthermore, the prohibition to receive zakat includes to all his family members and relatives.

However, the scholars have differing opinions in the determination of the Prophet PBUH’s lineage and family hierarchy. Based on the context of Malaysia which follows madhhab Syafie, it is best for us to answer it according to the opinions of scholars from madhhab Syafie.

Imam al-Nawawi said that the prohibition of receiving zakat is applicable for the family of the Prophet Muhammad PBUH from the lineage of Banu Hasyim and Abdul Muttalib. (Refer Kitab Syarah Nawawi ala Muslim, pg. 146)

Syeikh Habib Hasan bin Ahmad al-Kaf through his writings in his book state that the lineage from Bani Hasyim is the family of Abbas, Ali, Aqil, Jaafar, Haris bin Abdul Muttalib and his children. (Refer Taqrirat Sadidah fi Masail Mufidah, pg. 426)

The conclusion is if we follow the lineage of Bani Hasyim and Abdul Muttalib right up to the Prophet PBUH, then he is considered as Ahli Bait, which are the progeny and family of the Prophet PBUH. Thus, it is prohibited for him to receive zakat.

The evidence supporting this is a hadith of the Prophet PBUH which mentions this issue.

Narrated by Abu Hurairah RA:


أَخَذَ الْحَسَنُ بْنُ عَلِيٍّ رَضِيَ اللَّهُ عَنْهُمَا تَمْرَةً مِنْ تَمْرِ الصَّدَقَةِ فَجَعَلَهَا فِي فِيهِ فَقَالَ النَّبِيُّ صَلَّى اللَّهُ عَلَيْهِ وَسَلَّمَ كِخْ كِخْ لِيَطْرَحَهَا ثُمَّ قَالَ أَمَا شَعَرْتَ أَنَّا لَا نَأْكُلُ الصَّدَقَةَ ‏(‏متفق عليه‏)‏‏

Al-Hasan bin `Ali took a date from the dates given in charity and put it in his mouth. The Prophet (ﷺ) said, "Expel it from your mouth. Don't you know that we do not eat a thing which is given in charity?"

Sahih al-Bukhari (1491)

The Prophet PBUH said:


إِنَّ هَذِهِ الصَّدَقَةَ إِنَّمَا هِيَ أَوْسَاخُ النَّاسِ ، وَإِنَّهَا لَا تَحِلُّ لِمُحَمَّدٍ وَلَا لِآلِ مُحَمَّدٍ صَلَّى اللَّهُ عَلَيْهِ وَسَلَّمَ

“Verily these sadaqat are the impurities of people, and they are not permissible for Muhammad (may peace be upon him), and for the family of Muhammad.”

Sahih Muslim (1072)

From the above hadiths, it is clear that the family of the Prophet PBUH is impermissible to receive any type of donation or zakat.

However, there are other sources that the family of the Prophet PBUH are eligible to receive, such as:

  1. Gifts

The Prophet PBUH said:


إِذَا أُتِيَ بِطَعَامٍ سَأَلَ عَنْهُ أَهَدِيَّةٌ أَمْ صَدَقَةٌ ؟  فَإِنْ قِيلَ صَدَقَةٌ‏ ,‏ قَالَ لأَصْحَابِهِ كُلُوا‏ ,‏ وَلَمْ يَأْكُلْ، وَإِنْ قِيلَ هَدِيَّةٌ‏ ,‏ ضَرَبَ بِيَدِهِ صلى الله عليه وسلم فَأَكَلَ مَعَهُمْ

“Whenever a meal was brought to Allah's Messenger (ﷺ), he would ask whether it was a gift or Sadaqa (something given in charity). If he was told that it was Sadaqa, he would tell his companions to eat it, but if it was a gift, he would hurry to share it with them.”

Sahih al-Bukhari (2576)

  1. Khumus (1/5 from the total)

Allah SWT state:


وأما الخمس الذي يعطاه آل البيت فهو سهم ذوي القربى من خمس الغنيمة ومن الفيء

“Indeed, khumus is given to Ahlul Bait which is the portion set to be given to the family of the Prophet PBUH which comes from khumus ghanimah and fa’i.” (Refer Tafsir Ibnu Katsir, pg. 4/59)

Anfal or ghanimah (bounties of war which had undergone the process of battle)

Allah SWT state:

يَسْأَلُونَكَ عَنِ الْأَنْفَالِ قُلِ الْأَنْفَالُ لِلَّهِ وَالرَّسُولِ

They ask you, [O Muhammad], about the bounties [of war].

Surah al-Anfal (1)

Some scholars defined anfal as ghanimah. (Refer Tafsir Ibnu Katsir, pg. 358)


وَاعْلَمُوا أَنَّمَا غَنِمْتُمْ مِنْ شَيْءٍ فَأَنَّ لِلَّهِ خُمُسَهُ وَلِلرَّسُولِ وَلِذِي الْقُرْبَىٰ وَالْيَتَامَىٰ وَالْمَسَاكِينِ وَابْنِ السَّبِيلِ

“And know that anything you obtain of war booty - then indeed, for Allah is one fifth of it and for the Messenger and for [his] near relatives and the orphans, the needy, and the [stranded] traveller,”

Surah al-Anfal (41)

  1. Fa’l (bounties of war which did not undergo the process of battle)

Allah SWT state:


مَا أَفَاءَ اللَّهُ عَلَىٰ رَسُولِهِ مِنْ أَهْلِ الْقُرَىٰ فَلِلَّهِ وَلِلرَّسُولِ وَلِذِي الْقُرْبَىٰ وَالْيَتَامَىٰ وَالْمَسَاكِينِ وَابْنِ السَّبِيلِ

“And what Allah restored to His Messenger from the people of the towns - it is for Allah and for the Messenger and for [his] near relatives and orphans and the [stranded] traveller,”

Surah al-Hasyr (7)

However, some Syafieyyah scholars said that it is permissible for Ahlul Bait to receive and use zakat if khumus are no longer available, which is different during the time of the Prophet PBUH. This is the opinion of Sheikh Abi Sa'id al-Istakhri, Sheikh Muhammad bin Ahmad bin Abi Yusuf Al-Harawi, Sheikh Abdul Rahman bin Abdul Karim (Ibn Ziyad), Sheikh Abdul Salam bin Muhammad (An-Nasyari), Sheikh Ali bin Muhammad bin Ibrahim (Ibnu Muthir). (Refer Al-Umm, pg. 2/81 and Taqrirat Sadidah fi Masail Mufidah, pg. 427)

The following are the opinion of the ruling from agencies and fatwa bodies of other countries:

  1. Darul Ifta’ Jordan

For those who follows madhhab Maliki and a part of madhhab Syafie, for this issue, it is permissible to give zakat to ahlul bait who are also an asnaf. (Fatwa no: 2023)

  1. Fatwa Lajnah Daimah

If khumus is no longer available such as what is happening today, then it is permissible and they are eligible if they are from among the poor and needy or are not working. (Fatwa lajnah Daimah, m/s 10/68)

The truth is, today there are no longer war and jihad happening. Thus, for this reason, bounties of war such as fa’l and ghanimah are no longer available. Which will in turn make khumus unavailable to be given to ahlul bait of the Prophet PBUH.

To conclude, if they are really from the lineage of the Prophet PBUH, we are inclined towards the opinion that ruled it permissible for ahlul bait to receive donation or zakat. However, it is on the condition that the ahlul bait is also among the asnaf, hence, due to the necessity, it is permissible for him to receive zakat.

Wallahua’lam.