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Posted By Topic: CITATIONS OF IJMAA' (Consensus): Zakaat "Fee Sabeelillaah" is not general...

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Moosaa
02-22-2008 @ 8:39 PM    Notify Admin about this post
Abul-'Abbaas Moosaa ibn John Richardson (Jeddah, Saudi Arabia)
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["As-Salaamu 'alaykum wa rahmatullaah" to all ST members and guests - I haven't written in a while.]

Citations of Consensus Regarding the Spending of Zakat on General Charities

In the Name of Allaah, the Ever-Compassionate, the Bestower of Mercy...

A number of scholars of the past, from different math-habs, lands, and time periods, have cited ijmaa' (scholarly consensus) on the impermissibility of spending zakaat on general charities, like building masjids, roads, bridges, or buying a shroud for a dead person or paying his debts... They viewed that "fee sabeelillaah" (in the Way of Allaah) in the verse of zakaat recipients (9:60) was specific to the Muslim army and its battles, and some added: battles and hajj.  

The following citations from early scholars oppose the general broader understanding promoted by some later scholars and writers that "fee sabeelillaah" (in the way of Allaah) includes all types of charity and good deeds loved by Allaah:

1. Aboo 'Ubayd al-Qaasim ibn Sallaam (d.224)

"Regarding paying the debts of the deceased, buying shrouds for him, building masjids, or routing rivers, and similar things of a charitable nature, then Sufyaan (ath-Thawree), the scholars of Iraq, and others have all agreed that this does not fulfill the duty of zakaat, since these are not from its eight categories." [al-Amwaal, 2/293]


2. Ibn Hazm (d.456)

"There is no dispute (amongst the scholars) that Allaah did not intend (by "fee sabeelillaah") every good and charitable kind of thing when distributing zakaat, thus it is not permissible to be spent in other than the ways identified by the text, which is what I have mentioned previously (i.e. on the Muslim army)." [al-Muhallaa, 6/102]


3. Ibn al-'Arabee (d.543)

"I know of no differing (amongst the scholars) over the intended meaning of "fee sabeelillaah" here (in the verse of zakaat = 9:60) that it refers to the battles (of the muslim army), and this is something done for Allaah's pleasure, except that it is reported from Ahmad and Is-haaq that they said it includes hajj." [Ahkaam al-Qur'aan, 2/435]


4. Ibn Hubayrah (d.560)

"The imaams have agreed that it is not permissible to, nor is it valid to spend zakaat to build masjids or bridges, or shroud the dead, or other (charitable) things, since zakaat was not legislated for that." [al-Ifsaah, as found in Nayl al-Ma'aarib of al-Bassaam, 2/71]


5. Ibn Qudaamah (d.620)

"This ("fee sabeelillaah") is the seventh category of zakaat recipients.  There is no differing over their right to receive it or that the ruling is still in effect.  There is also no differing over them being members of the Muslim army fee sabeelillaah, since the way of Allaah when mentioned without a further restriction is understood to refer to battles..." [al-Mughnee, 9/326]


And Allaah knows best.

Moosaa ibn John Richardson

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Moosaa
10-07-2009 @ 1:52 AM    Notify Admin about this post
Abul-'Abbaas Moosaa ibn John Richardson (Jeddah, Saudi Arabia)
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Al-Albaanee: Zakaat not being given to good causes besides the eight categories:

http://www.salafitalk.net/st/viewmessages.cfm?Forum=6&Topic=9660

Moosaa ibn John Richardson

********************


s.bint.ahmed
10-07-2009 @ 10:28 AM    Notify Admin about this post
Umm AbdurRahmaan S.bint Ahmed ibn Suleimaan (U.K)
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Bismillahi-r-Rahmani-r-Rahim
was-Salaamu 'alaikum wa rahmatullaahi wa barakaatuh

In  the fatwa below Shaikh Muhammed bin Salih Al-'Uthaimeen includes the student of Islaamic knowledge as being included in the category of those permitted to give Zakah to, he also includes the one who has a need to marry but does not have the means.

Q. 384. What is the ruling on giving zakah to a person seeking knowledge?

A. It is permissible to give Zakah to a seeker of knowledge who is engaged in acquiring Islaamic knowledge, even though he may be capable of earning. This is because seeking Islaamic knowledge is a form of Jihadin Allaahs Cause and Allaah, the Most Blessed, the most high has declared Jihadin His Cause to be an area deserving of Zakah
in His Words:

Qur'aanic ayah quoted in Arabic

"As sadaqat (here it means Zakat) are only for the Fuqara' (poor), and Al-Masakin (the needy) and those employed to collect (the funds); and to attract the hearts of those who have been inclined (towards Islaam); and to free the captives; and for those in debt; and for Allaah's Cause (i.e. for Mujahidun- those fighting in a holy battle), and for the wayfarer ( a traveller who is cut off from everything); a duty imposed by Allaah. And Allaah is All Knower All Wise." Surah At-Tawbah 9:60

But if the student is engaged in acquiring temporal knowledge, then he should not be given Zakah and we say to him: You are now working for the life of this world and it is possible that you may profit from this world by obtaining employment, so we will not give you from the Zakah money.

If we found a person who was able to earn enough for food, drink and accommodation, but he needed to marry and he did not have the means to marry, is it permissible to marry him (to someone) using the Zakah
funds? The answer is: Yes, it is permissible using the Zakahfunds, and to give him the dowry in full.

If it is said : What cause is there for saying that marrying a poor man from the Zakah funds is permissible, even if the sum which he is given from the Zakah funds is large? We say: This is because a persons need to marry is intense; in some cases, it might be as great as his need to eat and drink, which is why the scholars say: It is incumbent upon one who is obliged to provide for a person to get him married, if his wealth is sufficient for that. So it is obligation on a father to marry his son, if his son needs to get married, and he does not have the wealth to marry. But I have heard of some fathers who have forgotten how it was when they were young men, when their sons ask them to marry them , they say: Marry by the sweat of your brow. This is not permissible, and it is unlawful for him, if he is able to get him married, and his son will quarrel with him on the Day of Resurrection, if he does not marry him when he is able to do so.

Here a question arises: if a man has a number of sons and among them are some who have reached the age of marriage and he marries them, and there are some young sons among them, is it permissible for this man to bequeath something of his wealth (in his will) as dowry for the young sons, because he gave to the older sons? The answer is it is not permissible for this man, if he married his older sons, to bequeath the dowry for the younger sons. But it is incumbent upon him, if any of them reaches the age of marriage, to marry him as he married the others. As for bequeathing him something after his death, that is unlawful; and the evidence for this is the saying of the Prophet (sallallaahu alaihi wa sallam)

Hadeeth quoted in Arabic


"Verily, Allaah has given every person his right, so there is no bequest for an heir." [1]

[1]  Reported by Abu Dawud in  the Book of Sales, in the Chapter: What has been said regarding a bequest to an heir; and by Tirmidhi in the Chapter on Bequests, in the Chapter: What Has Been said Regarding the Fact That There is no Beqeath for an Heir.

Fatawa Arkan-ul-Islam Volume 2 Islamic Verdicts on Prayer, Zakah,Fasting,Hajj p.614-616. By the Honourable Shaikh (Rahimah Ullah)
Shaikh Muhammed bin Salih Al-'Uthaimeen

Darussalam publishers



wasim.ahmed
10-07-2009 @ 3:24 PM    Notify Admin about this post
Abu 'Abdil 'Azeez Waseem ibn Abdirraheem Al Peshimaam (Bangalore,India / Al Qaseem , K.S.A)
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The Hai'ah Kibaar 'Ulamaa have a very good research on the meaning of 'Fee Sabeelillaah' for the Zakah, wherein they have established that it refers to 'JIHAAD' only & not any & every good cause in the way of Allaah.

One can find many Fataawa regarding the same in www.alifta.com. Perhaps some brothers can search & point out those fataawa.

BaarakAllaahu feekum.

For more please also see ,

http://www.sahab.net/forums/showthread.php?t=370714



dksadiq
01-21-2010 @ 4:57 AM    Notify Admin about this post
Damilola Sadiq ibn Owodunni (Lagos, Nigeria || Eastern Province, KSA)
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I believe (one of) the fatwa brother Wasim is referring to is the one mentioned here:

>>> Meaning of "Jihad of the Soul" and "For Allah's Cause" <<<

If the link doesn't work, try searching for the full title (Meaning of Jihad of the Soul) on the Main page: www.alifta.com - it should be the first result.

quote:
Q 4: Do the Words "Jihad" (fighting/striving in the Cause of Allah) and "For Allahs Cause" mentioned in the Noble Qur'an denote fighting only? Is it true that there is no such thing as "Jihad of the soul"? Should one not believe in "Jihad of the soul" cited by the Prophet (peace be upon him) when he was returning from the Battle of  Tabuk since the Hadith mentioned in this regard is Da`if (weak)? Can it really be considered a sort of Jihad in the Cause of Allah in light of the Hadith of the Prophet (peace be upon him)?


quote:
  A: First: The Council of Senior Scholars had issued a decree on the meaning of His Saying:Surah At-Tawbah, 9: 60  { and for Allaah's Cause (i.e. for Mujahidun - those fighting in a holy battle) } stated in the Ayah (Qur'anic verse) of the categories of  Zakah  (obligatory charity) recipients.

Decree (24) in 12/8/1394 A.H.

Praise be to Allah, Alone. May peace and blessings be upon Last Prophet Muhammad, his family, and Companions. To continue;

The Council of Senior Scholars in its fifth round that was held in the city of Ta'if from 5/8/1394 A.H to 22/8/1394 A.H studied the research prepared by the Permanent Committee of Scholarly Research and Ifta' on the meaning of Allah's Saying (may He be Exalted) in the Ayah of the categories of Zakah :Surah At-Tawbah, 9: 60 { and for Allaah's Cause (i.e. for Mujahidun - those fighting in a holy battle) } Does it mean those who fight in the cause of Allah and the like or is it general to all aspects of Charity? We studied the prepared research and the opinions of scholars that were included in this regard and discussed the evidence of those who interpreted the verse "For Allah's Cause" to mean those who strive in the cause of Allah and other requisites. Also, we studied the evidence of those who elaborated on the explanation of the meaning of the Ayah without restricting it to those who strive; thus, included building Masjids (mosques) arcades, and education, as well as patronizing Du`ah (callers to Islam) and preachers, besides other aspects of charity.

The majority of the members of the Council adopted the opinion of the Jumhur (dominant majority of scholars) of the exegetes, Hadith scholars and jurists who maintain that Allah's Saying (may He be Exalted):Surah At-Tawbah, 9: 60 { and for Allaah's Cause (i.e. for Mujahidun - those fighting in a holy battle) } refers to the voluntary Mujahidin (those striving/fighting in the Cause of Allah) and the prerequisites for them. If this category is not available, Zakah should be paid to other categories. Further, it is not permissible to pay it to any public utility except if there are no poor, needy recipients, or any of the remaining categories stipulated in the Ayah.

May Allah grant us success! May peace and blessings be upon our Prophet Muhammad, his family, and Companions!


There is another statement after this, from a Permanent Council [not sure if it is the same Council that is quoted above or another Council i.e. with different memebers] that states in the end, after bringing some evidence:

quote:
... Accordingly, our point of view is summarized in the following: Taking into consideration the maintenance of other categories of  Zakah , the lot of Allah's Cause includes all other pubic benefits, but the most important is to have readiness for fighting the enemies of Islam by buying weapons of all types, equipping the Mujahidin, feeding the soldiers, and the like if there is not enough money for this in Bayt-ul-Mal. Also, one of the greatest public benefits is sending the delegates to call to Islam and clarify its rulings in addition to fighting the callers to delusion, disbelief and destructive principles.


And [url=http://www.ibnothaimeen.com/all/noor/article_2469.shtml]this answer by Shaykh 'Uthaymeen [/url](linked from the thread brother Wasim pointed to) explains some of his speech quoted above:

quote:
...
وأما السؤال الثالث وهو المعنى العام الأوسع وهو هل يدخل في سبيل الله الإنفاق في كل ما يقرب إلى الله من بناء المساجد والمدارس وطبع الكتب وغير ذلك وجوابي على هذا السؤال إنه لا يدخل في هذا وأنه في سبيل الله خاصة بالجهاد في سبيل الله وهو أن يقاتل المرء لتكون كلمة الله هي العليا فتصرف الزكاة للمجاهدين في سبيل الله وتصرف الزكاة في شراء الأسلحة للمجاهدين في سبيل الله وألحق بذلك العلماء من تفرغ لطلب العلم الشرعي وهو قادرٌ على التكسب فإنه يعطى من الزكاة لأن طلب العلم الشرعي من الجهاد في سبيل الله.


سبحان الذي لا يشكر إلا بنعمة أخرى

Moosaa
01-21-2010 @ 2:24 PM    Notify Admin about this post
Abul-'Abbaas Moosaa ibn John Richardson (Jeddah, Saudi Arabia)
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dksadiq: the second fatwaa is from the minority of the committee that did not agree with the majority's agreement (quoted before it).  Out of respect for them, their opinion was published seperately.  However, if you have understood the first post here, ijmaa' has been cited through the first 600 years of Islaam that its not for other than the army and the troops in jihaad battles, not even the jihaad of the da'wah, since they said "ghazwah" in Arabic to negate any broader meanings of jihaad.  i believe the only known opposition to this claim was the position of ibn umar who said that hajj was included, and Allaah knows best.

So if ijmaa' about the ruling has preceded, then opinions that oppose it are not considered.

Moosaa ibn John Richardson

********************


dksadiq
02-02-2010 @ 7:19 PM    Notify Admin about this post
Damilola Sadiq ibn Owodunni (Lagos, Nigeria || Eastern Province, KSA)
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BaarakAllaahu feek akhee Moosaa and jazaakAllaahu khayraa. SubhaanAllaah, I just came across this old post of yours:

Shaykh Bin Baaz on Spending Zakaah Money to Build Masjids and Schools

http://www.salafitalk.net/st/viewmessages.cfm?Forum=10&Topic=608
quote:
What is well-known to the scholars, and it is the position of the vast majority of them, so it can be considered like ijmaa' (a scholarly concensus) of the scholars of the early As-Salaf As-Saalih, is that zakaah is not to be used for building masjids, buying books, or the likes.  It may only be distributed to the eight kinds of recipients that are mentioned in the verse in Soorah At-Tawbah [v.60], and they are: ... (click the link above for the rest)


The article from Shaykh al-Albaanee رحمه الله linked in the second post above also has some good information & explanation.

May Allaah reward the scholars and forgive them and have mercy upon them.

سبحان الذي لا يشكر إلا بنعمة أخرى

Moosaa
09-14-2010 @ 3:06 AM    Notify Admin about this post
Abul-'Abbaas Moosaa ibn John Richardson (Jeddah, Saudi Arabia)
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Joined: Sep 2002
          
*reminder*






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