Surah At-Tawba (9) — Ayah 60

(Ayah60) ➊ {اِنَّمَا الصَّدَقٰتُ لِلْفُقَرَآءِ وَ الْمَسٰكِيْنِ … :} To remove the criticism of the hypocrites, Allah Himself has stated the rightful recipients of charity, so that everyone knows that even the Messenger of Allah (peace be upon him) does not have the authority to distribute charity, therefore criticism against him (peace be upon him) is futile. Here, charity refers to obligatory charity, i.e., zakat and ushr, because the officials sent by the government for collection were sent only for obligatory zakat, although it is possible that someone may deposit voluntary charity with them as well. Charity is called charity because the one who spends wealth for Allah practically demonstrates the truthfulness of his faith. This word is generally used for voluntary spending, but sometimes it is also used for obligatory spending, as Allah said: «خُذْ مِنْ اَمْوَالِهِمْ صَدَقَةً» [ التوبۃ : ۱۰۳ ] Here, obligatory charity is meant. At the end of this verse, {’’ فَرِيْضَةً مِّنَ اللّٰهِ ‘‘} also proves this, because voluntary charity is not called an obligation. {’’ اِنَّمَا الصَّدَقٰتُ ‘‘} shows that it is not permissible to spend zakat and ushr except in these categories.

➋ {لِلْفُقَرَآءِ وَ الْمَسٰكِيْنِ:} Both the words "faqir" and "miskin" mean needy. Some scholars consider the faqir to be in a worse condition, some consider the miskin to be worse off, and some consider both to be the same. Based on the evidence, the preferred opinion seems to be that the faqir is in a worse condition than the miskin, because it is derived from "faqr," and the vertebrae of the back are called {’’ فَقَرَاتُ الظَّهْرِ‘‘}. Faqir means "mafqur," i.e., as if his back is broken due to lack of necessities. Miskin is derived from "sakan," meaning that neediness has turned his movement into stillness. So, the state of the faqir is like that of a person who has nothing, and the miskin is one whose income is less than his needs, as Allah said: «اَمَّا السَّفِيْنَةُ فَكَانَتْ لِمَسٰكِيْنَ يَعْمَلُوْنَ فِي الْبَحْرِ » [ الکہف : ۷۹ ] meaning, that boat belonged to some masakeen who worked at sea. Obviously, the owner of a boat, whatever work he does, is not completely empty-handed. However, due to income being less than needs, he is needy and destitute. The fact that "fuqara" is mentioned first in the verse under discussion also indicates that they are in a worse condition. But it should be remembered that this distinction is necessary only when both words, faqir and miskin, come together, just as there is a difference between iman and Islam, but if they come separately, both refer to the same needy people, whether they have something or not. Both are eligible for zakat, whether they are destitute faqirs or respectable needy.

➌ { وَ الْعٰمِلِيْنَ عَلَيْهَا:} The Messenger of Allah (peace be upon him) used to appoint people for the collection of zakat and ushr and would properly audit them, as he appointed Ibn al-Lutbiyyah (may Allah be pleased with him) for this task and, upon his return, while auditing, declared the gifts received by government officials as unlawful for them. Imam Bukhari (may Allah have mercy on him) established a chapter in {’’ كِتَابُ الْاَحْكَامِ‘‘} : {’’ بَابُ رِزْقِ الْحُكَّامِ وَالْعَامِلِيْنَ عَلَيْهَا۔‘‘}

➍ { وَ الْمُؤَلَّفَةِ قُلُوْبُهُمْ:} This refers to those new Muslims whose hearts are to be reconciled to keep them firm in Islam, or those disbelievers whose hearts are to be reconciled in the hope that they will accept Islam, or those influential people spending on whom may lead to many others accepting Islam, or those disbelieving leaders whose reconciliation may protect Muslims in their area from oppression and persecution. Some people say that after the dominance of Islam, this category ended, as Amir al-Mu'minin Umar ibn al-Khattab (may Allah be pleased with him) said, but considering the current circumstances, perhaps this need is even greater today than in the time of the Messenger of Allah (peace be upon him), because the disbelievers are turning Muslims away from Islam in the same way.

➎ { وَ فِي الرِّقَابِ:} "Freeing necks" means buying slaves and setting them free. It also includes helping mukatab slaves (those who have made an agreement with their masters to pay their price in installments for freedom). Nowadays, due to the infidel judicial system, innocent people or those sinners whose punishment is not imprisonment according to Shariah, but are imprisoned due to infidel law, or those who are rotting in jails for years because they cannot pay fines imposed by infidel courts or cannot pay legal expenses, spending zakat to free them is also included in this. (And Allah knows best)

➏ { وَ الْغٰرِمِيْنَ :} Those debtors who cannot pay their debts, or those businessmen or landowners, etc., who have become burdened due to business or crop failure, if they pay their debts from their assets, they will become faqir, or those influential people who have taken upon themselves to pay blood money or amounts for reconciliation, all these are included among the debtors.

➐ {وَ فِيْ سَبِيْلِ اللّٰهِ:} This word has two usages: firstly, every good deed is for Allah and in the way of Allah, and spending on the poor and needy, etc., is also "fi sabilillah," which has already been mentioned in this verse. Secondly, there is a "fi sabilillah" separate from all these. By consensus of all commentators, this refers to jihad fi sabilillah. Even if the mujahid is wealthy, he can be given for his needs in jihad. In hadith, Hajj and Umrah are also included in this category. If you look at the books of tafsir or the explanation of {’’ وَ فِيْ سَبِيْلِ اللّٰهِ ‘‘} in fiqh, you will find its explanation as {’’ هُمُ الْغُزَاةُ ‘‘}, meaning that this refers to those who fight in the way of Allah, and the scholars have decided that if on one side there are the poor and needy, and on the other side the warriors of Islam are in need, then helping the mujahideen is given preference, because in case of defeat, along with poverty and destitution, the humiliation of slavery to the disbelievers and the disgrace of Islam will also be added.

➑ { وَ ابْنِ السَّبِيْلِ:} A traveler, even if he is wealthy, if he is in need during travel, he can be given from zakat.

➒ { فَرِيْضَةً مِّنَ اللّٰهِ:} It is understood that these are the categories for obligatory charity and ushr. Some scholars have said that it is necessary to divide the wealth coming from zakat and ushr into eight parts and to spend in every category, but considering the practice of the Messenger of Allah (peace be upon him) and the caliphs, most scholars say that it is permissible to spend more, or even all, in whichever category there is more need. However, it is not permissible to spend outside these categories, and this is the correct view. The Messenger of Allah (peace be upon him) himself has permitted this. Remember that obligatory charity can only be spent on Muslims, because when the Messenger of Allah (peace be upon him) sent Mu'adh (may Allah be pleased with him) to Yemen, he instructed him to teach the people of Yemen the testimony of faith and the five daily prayers, and after they accepted, to inform them about zakat, that Allah has made charity obligatory on their wealth: [ تُؤْخَذُ مِنْ أَغْنِيَاءِ هِمْ فَتُرَدُّ فِيْ فُقَرَاءِ هِمْ ] "which will be taken from their rich and returned to their poor." [ بخاری، الزکوٰۃ، باب أخذ الزکوٰۃ من الأغنیاء …: ۱۴۹۶ ] Spending on "muallafatul qulub" is also, in fact, a form of spending on Muslims.

60. 1. In this verse, the mention of the deserving recipients of charity is being made in order to close the door to this objection. By charity here is meant the obligatory charity, i.e., Zakat. The verse begins with "Innama," which is among the expressions of restriction, and in "al-sadaqat" the "lam" of definition is for the genus, meaning that this type of charity (زکوٰۃ) is restricted to these eight categories mentioned in the verse, and it is not valid to use the Zakat funds for any other purpose. There is a difference of opinion among the scholars as to whether it is necessary to distribute Zakat among all eight categories. The two opinions are: whether it is necessary to spend the Zakat funds on all eight categories, or whether the Imam or the one paying Zakat may spend it as he deems appropriate according to need on any one or more of these categories. Imam Shafi'i and others hold the first opinion, while Imam Malik and Imam Abu Hanifa and others hold the second opinion. And the second opinion is more authentic. According to Imam Shafi'i's view, it is necessary to spend the Zakat funds on all eight categories, meaning that without considering the needs and benefits, the amount should be divided into eight parts and some amount should be spent on each of the eight places. Whereas according to the second opinion, it is necessary to consider the needs and benefits; the Zakat funds should be spent where there is more need or where the benefits require spending on a particular category, even if there is no amount left to spend on the other categories. The rationality found in this opinion is not found in the first opinion.

60. 2. The brief details of these eight categories are as follows. 1. The poor (faqir) and the needy (miskin) are very close in meaning, and one term can be applied to the other, i.e., a faqir can be called a miskin and a miskin can be called a faqir. Therefore, there is considerable difference in their separate definitions. However, it is certain in the meaning of both that those who are in need and deprived of the required amount and resources to fulfill their needs and necessities are called faqir and miskin. In the definition of miskin, there is a hadith in which the Prophet ﷺ said, "A miskin is not the one who goes around from house to house for a morsel or two or a date, but a miskin is the one who does not have enough wealth to make him independent, nor does he display such poverty that people consider him poor and deserving and give him charity, nor does he himself extend his hand to people." (صحیح بخاری ومسلم کتاب الزکوٰۃ) In the hadith, the real miskin is considered to be the person mentioned, otherwise, from Ibn Abbas ؓ and others, the definition of miskin is narrated as the one who begs, goes around and asks persistently from people, and the faqir is the one who, despite being needy, refrains from asking and does not ask people for anything (Ibn Kathir).

2. By "amilin" are meant those government officials who are appointed for the collection and distribution of Zakat and charity and for keeping its accounts.

3. "Muallafatul qulub" refers firstly to those disbelievers who are inclined towards Islam and by helping them there is hope that they will become Muslim. Secondly, those new Muslims who need to be helped in order to keep them firm on Islam. Thirdly, those individuals who, if helped, are expected to prevent the people of their area from attacking Muslims, and thus protect the nearby weak Muslims. These and other similar situations are included in "ta'lif al-qulub," on which Zakat funds can be spent, even if the mentioned individuals are wealthy. According to the Hanafis, this category has ended, but this is not correct; according to circumstances and conditions, it is permissible to spend Zakat funds on this category in every era.

5. For freeing necks (slaves). Some scholars have taken this to mean only "mukatab" slaves, and some have taken it to mean all types of slaves, whether "mukatab" or not. Imam Shawkani has preferred this latter opinion.

6. By "gharimin" are meant, firstly, those who are in debt due to providing for their families and necessities of life and do not have cash or any goods to sell and pay off the debt. Secondly, those responsible guarantors who have given a guarantee for someone and then became responsible for its payment, or whose crop was destroyed or business suffered a loss and on this basis they became indebted. It is permissible to help all such individuals from the Zakat fund.

7. "Fi sabilillah" means jihad, i.e., it is permissible to spend Zakat funds on military equipment and necessities and on the mujahid (even if he is wealthy). And in the hadiths, it is mentioned that Hajj and Umrah are also included in "fi sabilillah." Similarly, according to some scholars, preaching and dawah are also included in "fi sabilillah," because their purpose, like jihad, is to exalt the word of Allah.

8. "Ibn al-sabil" means the traveler. That is, if a traveler becomes deserving of help during travel, even if he is wealthy in his home or homeland, he can be helped from the Zakat fund.

60. Charities [65] are only for the poor [66], the needy, those employed [67] to collect them, those whose hearts are to be reconciled [68], for freeing slaves [69], for those in debt [70], for the cause of Allah [71], and for the stranded traveler [72]. This is an obligation from Allah [73]. And Allah is All-Knowing, All-Wise.

[65] Here, "charity" refers only to the obligatory charity or zakat, as is made clear by the later words "as an obligation from Allah." The hypocrites also objected to the distribution of charity, so Allah Himself specified the categories for its distribution, so that there would be no room—or at least very little room—for objection to its allocation. And these are a total of eight categories, which are as follows.
[66]
The Difference Between the Deserving Poor (Miskin) and the Destitute (Faqir) for Zakat:

There are several scholarly opinions regarding the definition and distinction between faqir and miskin. In this regard, the following hadith is decisive. Sayyiduna Abu Hurairah ؓ reports that the Prophet ﷺ said: "A miskin is not the one who goes around to people for a bite or two, who is sent away with a date or two; rather, a miskin is the one who does not possess enough wealth to make him independent, whose condition is not known so that charity may be given to him, nor does he stand up to ask people." [بخاري۔ كتاب الزكوٰة۔ لَا يَسَْٔلُوْنَ النَّاسَ اِلْحَافًا، مسلم۔ كتاب الزكوٰة۔ باب المسكين الذى لايجد غني]

Thus, in terms of need, there is no difference between faqir and miskin. The real difference is that a faqir is one who goes around asking people, while a miskin is one who, despite being in need, remains content and refrains from asking—what we call "white-collar poor" in our society.
[67]
The Worker Should Take Compensation:

That is, all those who collect, distribute, and keep accounts of zakat funds are entitled to compensation or salary from the zakat wealth. Even if someone among this staff is wealthy, he is still entitled to compensation or salary, and he should take it, even if he later gives it in charity, as is clear from the following hadith. Sayyiduna Abdullah bin al-Sa'di says that during the era of Umar ؓ, he came to Umar ؓ. Umar ؓ said to him: "I have heard that you work for the people, and when you are given wages, you dislike it?" I said, "Yes." He asked, "Then what do you mean by that?" I replied, "I have horses, slaves, and wealth, and I wish to give my wages in charity to the Muslims." Umar ؓ said, "Do not do that, for I also intended what you intended. The Messenger of Allah ﷺ would give me something, and I would say, 'Give it to someone who is more in need than me.' The Prophet ﷺ said, 'Take it, become wealthy from it, then give charity. If wealth comes to you without you being greedy for it or asking for it, then take it, and if not, do not worry about it.'" [بخاري۔ كتاب الاحكام۔ باب رزق الحاكم والعاملين عليها مسلم۔ كتاب الزكوٰة۔ باب اباحة الاخذ لمن اعطي من غير مسئلة]

The Provision and Distribution of Zakat is the Responsibility of the Government:

Incidentally, from this sentence, it is also understood that the provision and distribution of zakat is the duty of the Islamic government, and zakat should only be given individually when such a system is not established. If a family, community, or nation collectively arranges for the provision and distribution of zakat, this is better than individual payment.
[68]
Those Whose Hearts Are to Be Reconciled:

With this help, even those disbelievers who are at the forefront of enmity against Islam can be given wealth if it is hoped that, out of greed for wealth, they will abandon their actions and incline towards Islam. Likewise, new Muslims who are not yet able to stand on their own feet in the Muslim society can be given a regular stipend until their economic situation stabilizes. Thus, when Sayyiduna Ali ؓ sent gold from Yemen to the Prophet ﷺ, he ﷺ distributed it among such disbelievers. Sayyiduna Umar ؓ, during his caliphate, abolished this category, saying that Islam had now become dominant and there was no longer any need for this category. However, circumstances do not always remain the same, so when necessary, this category can also be utilized.
[69]
The State of Collective Slavery:

There are two forms of this: one is to buy a slave and set him free; the other is to pay the remaining amount for a slave who has a contract for his freedom (mukatab) and set him free. Nowadays, the era of individual slavery has passed, and instead, collective slavery has become prevalent. Some wealthy countries have made impoverished countries their economic slaves. Therefore, today scholars should consider what possible means there are for the liberation of such enslaved countries. For example, nowadays Pakistan is shackled by usurious loans from foreign countries, especially America, and Muslim traders are wealthy enough that if they cooperate with the government, they could pay off this debt, provided they are assured that this is a valid use of their zakat and that the government is sincere in implementing the Islamic system.
[70]
Payment of the Debts of the Indebted:

Here, debt refers to loans taken for household necessities, not for trade or business, and the debtor is one who, if all his wealth were used to pay off his debt, would be left with less than the cash nisab (minimum amount for zakat). Such a debtor may be employed or unemployed, and whether he is poor or wealthy. His debt can be paid from this category.
[71] That is, every work in which the pleasure of Allah is sought. And this is a very broad field. According to the majority of the early imams, its best use is spending in jihad fi sabilillah, and fighting in the way of Allah is an important branch of this. In other words, from this category, religious schools can be established and their expenses met. In addition, every institution that verbally or in writing serves the religion or defends Islam is included in this category. According to some scholars, the construction and repair of mosques can also be funded from this category.
[72] A traveler, whether poor or wealthy, if he faces such a need during travel, can also be helped—for example, if his pocket is actually picked or his wealth is stolen, etc.
[73]
The Needy Are More Deserving of Zakat:

It should be clear that, in terms of the provision and distribution of zakat, society is divided into three classes. One is the class of the wealthy, from whom zakat is collected; the second is the class of the poor, needy, or indebted, to whom zakat is given; and the third is the middle class, upon whom zakat is not obligatory, nor can they be considered deserving of zakat, as their sources of income are sufficient to meet their expenses. The general definition of a wealthy person is that whoever possesses any item among the zakatable assets in the amount of nisab or more is wealthy, and whoever does not possess any such item in the amount of nisab is poor or needy.

Another noteworthy point is that the poor of the locality from which zakat is collected are the most deserving of it. If any amount remains, it will be deposited in the central treasury (Bayt al-Mal). In this regard, consider the following hadiths:

Sayyiduna Ibrahim bin Ata narrates from his father that Imran ibn Husayn was sent for the collection of zakat. He returned empty-handed, so he was asked, "Where is the zakat wealth?" He replied, "I was sent for the collection and distribution of zakat. I took it from those from whom it should be taken, and gave it to those to whom it should be given." [ابن ماجه۔ ابواب الصدقه]

The Prophet ﷺ was asked, "What is the limit of wealth (ghina)?" He replied, "Fifty dirhams or gold (or cash) of equivalent value." [نسائي۔ كتاب الزكوٰة۔ باب حد الغنيٰ]

And a dirham was a coin of four and a half mashas of silver, and the equivalent of fifty dirhams is two and a half dinars, while a dinar was a coin of three and a half mashas of gold. That is, whoever possesses about nine mashas of gold is wealthy, and such a person will be counted among the middle class. In addition, the following types of people are not entitled to zakat:

a. The person of the Messenger of Allah ﷺ and his relatives, as is clear from the following hadith:

1. Sayyiduna Abu Hurairah ؓ reports that Hasan bin Ali ؓ picked up a date from the zakat dates and put it in his mouth. The Prophet ﷺ said, "No, no," so that Hasan would spit out the date. Then he said, "Do you not know that we do not eat charity?" [بخاري۔ كتاب الزكوٰة۔ باب الصدقة للنبي]

However, if something from charity reaches the family of the Prophet through a deserving person as a gift, it is permissible.

2. Umm Atiyyah says that the Prophet ﷺ came to the house of Sayyidah Aisha ؓ and asked, "Is there anything to eat?" She said, "Nothing except the meat of the goat that you gave as charity to «نسيبه» and «نسيبه» sent to us as a gift." The Prophet ﷺ said, "Bring it. Charity has reached its place." [بخاري۔ كتاب الزكوٰة۔ باب اذا تحولت الصدقة]

3. Sayyiduna Anas ؓ reports that meat was brought to the Prophet ﷺ which had been given to Barirah as charity. The Prophet ﷺ said, "For Barirah it was charity, and for us it is a gift." [بخاري۔ حواله ايضاً]

b. A person who is healthy, strong, and able to earn is not entitled to zakat:

1. Once, the Prophet ﷺ was distributing charity. A man came and asked for charity. The Prophet ﷺ said, "In the distribution of charity, Allah was not pleased with the division of any prophet or anyone else. He Himself decided and divided it into eight categories. If you fall under any of these, I will give it to you." [ابو داؤد۔ نسائي۔ كتاب الزكوٰة باب مسئلة القوي المكتسب]

2. On the occasion of the Farewell Pilgrimage, the Prophet ﷺ was distributing charity. Two strong men came and asked for charity. The Prophet ﷺ looked up at them, then lowered his gaze and said, "If you wish, I will give it to you, but there is no share in charity for the wealthy and the able-bodied who can earn." [ ابو داؤد۔ نسائي۔ كتاب الزكوٰة۔ باب مسئلة القوي المكتسب]

c. Those who are under someone's care cannot be given zakat by that person. For example, a wife and children. Similarly, if a father has become old and his care is the responsibility of his son, the son cannot give zakat to his father.

As is clear from the following hadith: A man came to the Prophet ﷺ and said, "I am a man of means, and my father is in need." The Prophet ﷺ said, "You and your wealth belong to your father. Your children are your pure earnings, and you may eat from your children's earnings." [ابو داؤد۔ ابن ماجه بحواله مشكوة۔ كتاب الزكوٰة۔ باب النفقات وحق المملوك]

In this respect, a woman can give zakat to her husband, because the husband is not under the wife's care.

As is clear from the following hadith: Sayyidah Zainab (wife of Abdullah bin Mas'ud ؓ) came to the Prophet ﷺ. There she found another Ansari woman at the door of the Prophet ﷺ, who had come to ask the same question that I wanted to ask. Meanwhile, Bilal ؓ came out. We said to him, "Ask the Messenger of Allah ﷺ if I give charity to my husband and some orphans under my care, will it be valid?" We also told Bilal ؓ not to mention our names. Bilal ؓ asked the Prophet ﷺ, "Two women are asking this question." The Prophet ﷺ asked, "Which women?" Bilal ؓ said, "They are named Zainab." The Prophet ﷺ asked, "Which Zainab?" Bilal ؓ said, "The wife of Abdullah bin Mas'ud ؓ." The Prophet ﷺ said, "Yes, this charity is valid, and for her there is a double reward: one for kinship and one for charity." [بخاري۔ كتاب الزكوٰة۔ باب الزكوٰة على الزوج والا يتام فى الحجر]