Source:
Fatāwā Muḥammadiyyah, Vol. 1, Page 568
Question:
Is it permissible to establish a free dispensary using Zakat funds?
Answer:
Al-ḥamdu lillāh, waṣ-ṣalātu was-salāmu ʿalā Rasūlillāh, ammā baʿd!
Among scholars, there is significant difference of opinion regarding this issue. The main point of discussion lies in the interpretation of the Qur’anic phrase “فِي سَبِيلِ اللّٰهِ (in the way of Allah)”, which is one of the eight categories of Zakat recipients mentioned in the Qur’an (Surah al-Tawbah, 9:60).
Interpretations of “Fī Sabīlillāh”
1. Majority Opinion (Jumhūr ʿUlamāʾ):
According to the majority of Islamic scholars, the term “fī sabīlillāh” refers specifically to Jihād (striving in the cause of Allah).
2. Broader Opinion (Based on Ḥadīth Evidence):
Some ḥadīths indicate that Ḥajj and ʿUmrah also fall under the category of fī sabīlillāh.
Ḥadīth Evidences
① Ḥadīth of Umm Maʿqil رضي الله عنها
«أَعْطِهَا فَلْتَحُجَّ عَلَيْهِ، فَإِنَّهُ فِي سَبِيلِ اللَّهِ»
(Sunan Abī Dāwūd, Kitāb al-Manāsik, Vol. 1, p. 272)
Translation:
The Prophet ﷺ said: “Give it to her so that she may perform Ḥajj on it, for indeed, Ḥajj is in the way of Allah.”
Context: Umm Maʿqil said that her husband had dedicated a camel for fī sabīlillāh and would not let her use it for Ḥajj. The Prophet ﷺ instructed that the camel be given to her, affirming that Ḥajj also falls under fī sabīlillāh.
② Ḥadīth of Ibn Las al-Khuzāʿī رضي الله عنه
«حَمَلَنَا النَّبِيُّ ﷺ عَلَى إِبِلٍ مِنْ الصَّدَقَةِ إِلَى الْحَجِّ»
(Musnad Aḥmad; al-Bukhārī cited it Muʿallaq; Nayl al-Awṭār, Vol. 4, p. 170)
Translation:
“The Prophet ﷺ gave us camels from the charity funds to use for Hajj.”
③ Ḥadīth of Umm Maʿqil رضي الله عنها
«الحَجُّ وَالْعُمْرَةُ فِي سَبِيلِ اللَّهِ»
(Musnad Aḥmad; Nayl al-Awṭār, Vol. 4, p. 170)
Translation:
“The Hajj and ʿUmrah are (also) in the way of Allah.”
Statement of Imām al-Shawkānī رحمه الله
“The ḥadīths indicate that Ḥajj and ʿUmrah are included in fī sabīlillāh. Hence, whoever dedicates wealth fī sabīlillāh may spend it for preparing and assisting pilgrims.”
(Nayl al-Awṭār, Vol. 4, p. 171)
Some Scholars’ Broader Understanding
Certain scholars hold that the phrase “fī sabīlillāh” is general and applies to all charitable and righteous causes, not merely Jihād.
Imām Fakhr al-Dīn al-Rāzī رحمه الله
“The apparent meaning of fī sabīlillāh is general and not confined to warriors. Thus, some jurists have allowed spending charity funds on all forms of public welfare — such as shrouding the dead, building fortresses, constructing bridges, and maintaining mosques — because the phrase fī sabīlillāh includes all of these.”
(Also cited in Fatāwā Ahl al-Ḥadīth, Vol. 2, p. 158; al-Murshid fī Aḥkām al-Zakāh)
Statement of Nawāb Ṣiddīq Ḥasan Khān رحمه الله
“Some scholars have said that the term fī sabīlillāh is general and cannot be restricted to one category. It includes all good causes — such as shrouding the dead, building bridges, fortresses, and mosques. However, the first interpretation (Jihād, Hajj, and ʿUmrah) is stronger, as it represents the consensus of the majority.”
(Fatḥ al-Bayān, p. 424; Fatāwā Ahl al-Ḥadīth, Vol. 2, p. 157)
Conclusion
◈ According to some scholars, since a free dispensary serves as a public welfare project and benefits the poor, it may be considered permissible to establish it from Zakat funds under the broader meaning of fī sabīlillāh.
◈ However, the more cautious and preferable opinion is that the scope of fī sabīlillāh should not be expanded excessively, as doing so would render the other seven Zakat categories meaningless.
◈ Therefore, it is better and safer not to establish a free dispensary using Zakat funds.
Yet, if someone does so with sincere intent for public benefit, no objection should be raised.
هٰذَا مَا عِندِي وَاللّٰهُ أَعْلَمُ بِالصَّوَابِ
This is what I hold to be correct, and Allah knows best what is right.
