Series of Answers by the Eminent Scholar Ata Bin Khalil Abu Al-Rashtah, Ameer of Hizb ut-Tahrir, to the Questions of his Facebook Page Followers "Fiqhi"
Answer to Question
To: Shani Ayaz
Question:
Asalamalaikum shaykh, I have a question if you can answer if you have time. How much money can a person receive a zakat. Eg Can a person get enough money to build a house if he has no house... Or is there a limit to how much a person can receive. JazakAllah
Answer:
Walaikum Assalam Wa Rahmatullah Wa Barakatuh,
Your question is regarding the maximum amount a Zakat recipient can take from Zakat...
The answer to that is that no direct text has appeared in Shari’ah specifying the maximum amount given to a Zakat recipient. However, the verse regarding charity (Sadaqat), which is the saying of Allah (swt):
إِنَّمَا الصَّدَقَاتُ لِلْفُقَرَاءِ وَالْمَسَاكِينِ وَالْعَامِلِينَ عَلَيْهَا وَالْمُؤَلَّفَةِ قُلُوبُهُمْ وَفِي الرِّقَابِ وَالْغَارِمِينَ وَفِي سَبِيلِ اللَّهِ وَابْنِ السَّبِيلِ فَرِيضَةً مِنَ اللَّهِ وَاللَّهُ عَلِيمٌ حَكِيمٌ
"Zakat expenditures are only for the poor and for the needy and for those employed to collect [zakat] 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 At-Tawbah [9]: 60)
From this verse, the maximum amount given to a Zakat recipient can be derived. This is because the recipients are mentioned in the verse with descriptive attributes that indicate the reason for giving them Zakat. This means giving them Zakat is reasoned (mu'allal) by the attribute existing in them that makes them eligible. So long as the category receiving Zakat falls under the description of eligibility, they are given; if they exceed this description, they are no longer given:
For example: The poor (Fuqara) and the needy (Masakin) are entitled to Zakat due to the attribute of poverty and need. Thus, the maximum they can receive from Zakat is what makes them independent of Zakat, i.e., what enriches them so they are no longer eligible. This means they are removed from the description of poverty and need by the Zakat given to them. It is not permissible to give them more than that. This amount, of course, varies from one person to another and from one situation to another.
For example: Those employed to collect it (Amilin) are given from Zakat because they work to collect it. They are given from Zakat because of their work, i.e., in exchange for the effort they perform in collecting Zakat. The State determines their wages according to the effort they exert. If the State does not determine their wages, they are given a market wage (Ajr al-Mithl). Nothing more is added because Zakat is not a donation to them but only a compensation for their effort.
For example: The debtors (Gharimin) are given from Zakat an amount that fully covers their debt, and they are not given more than that because they are eligible for Zakat due to the debt. Once this attribute is removed from them, they are no longer eligible for Zakat.
This applies to all categories; they are given from Zakat what causes the attribute through which they became eligible to be removed.
We pointed out some of these meanings mentioned above in the book Funds in the Khilafah State in the chapter "The Distribution of Zakat" as follows:
(1- The Poor (Fuqara): These are those who do not receive enough money to meet their basic needs: food, clothing, and shelter. Whoever receives less than what he needs for his basic requirements is considered poor (Faqir); charity is lawful for him, and he may take from it. It is permissible to give him from charity up to the limit that removes his need and poverty.
Allah has forbidden the rich from taking charity. Ahmad and the authors of the Sunan reported from Abdullah bin Amr who said: The Messenger of Allah (saw) said:
لا تحل الصدقة لغنيّ، ولا لذي مِرَّةٍ سَوِيّ
"Sadaqah is not lawful for a rich person, nor for one who is strong and healthy." (Reported by Ahmad and the authors of the Sunan).
A "dhu mirrah" is one who possesses strength and ability and is able to earn; if he cannot find work to earn, he is considered poor. A rich person is one who is independent of others and receives an income exceeding his basic needs. There are Hadiths that clarify who is rich. On the authority of Abdullah bin Mas’ud, who said: The Messenger of Allah (saw) said:
ما من أحد يسأل مسألة، وهو عنها غني، إلاّ جاءت يوم القيامة كدوحاً، أو خدوشاً، أو خموشاً في وجهه. قيل: يا رسول الله، وما غناه، أو ما يغنيه؟ قال: خمسون درهماً، أو حسابها من الذهب
"No one asks for something when he has enough but it will come as scratches, or lacerations, or bites on his face on the Day of Resurrection. It was said: O Messenger of Allah, what is enough for him? He said: Fifty dirhams, or its value in gold." (Reported by the Five).
So, whoever owns fifty silver Dirhams (which is 148.75 grams of silver) or its equivalent in gold, in excess of his food, clothing, shelter, and the maintenance of his family, children, and servants, is considered rich and is not permitted to take from charity.
2- The Needy (Masakin): These are those who find nothing and have been rendered stationary by destitution, yet they do not ask people. On the authority of Abu Hurairah, the Messenger of Allah (saw) said:
ليس المسكين الذي يطوف على النّاس، تَرُدُّه اللقمة واللقمتان، والتمرة والتمرتان، ولكن المسكين الذي لا يجد غنى يغنيه، ولا يفطن به فيتصدق عليه، ولا يقوم فيسأل النّاس
"The Miskeen is not the one who goes around to the people and is dismissed with a morsel or two, or a date or two. Rather, the Miskeen is the one who does not find enough to suffice him, and his condition is not noticed such that people give him charity, nor does he stand and ask the people." (Agreed upon).
The Miskeen is in a worse state than the Faqir, due to the saying of Allah (swt):
أَوْ مِسْكِيناً ذَا مَتْرَبَةٍ
"Or a needy person in misery (clinging to the dust)." (Surah Al-Balad [90]: 16) i.e., clinging to the dust due to nakedness and hunger. Charity is lawful for the Miskeen, and he may take from it. It is permissible to give him from charity up to the limit that removes his misery and makes him sufficient to satisfy his basic needs.
3- Those Employed to Collect it (Amilin Alayha): These are the collectors and appraisers appointed to collect Zakat from those who must pay it or to distribute it to those eligible for it. They are given from Zakat, even if they are rich, in exchange for their work in collecting or distributing it. Abu Ubaid reported from Ata bin Yasar who said: The Messenger of Allah (saw) said:
لا تحل الصدقة لغني إلاّ لخمسة: عامل عليها، أو رجل اشتراها بماله، أو رجل له جار فقير تصدّق عليه بصدقة فأهداها إليه، أو غازٍ، أو مغرمٍ
"Sadaqah is not lawful for a rich person except for five: one who is employed to collect it, or a man who buys it with his money, or a man who has a poor neighbor who was given Sadaqah and gave it as a gift to him, or a fighter in the way of Allah, or a debtor."
And from Busr bin Sa’id: "That Ibn as-Sa’di al-Maliki said: Umar appointed me over the Sadaqah. When I finished and handed it over to him, he ordered a payment for my work. I said: I only worked for Allah. He said: Take what you have been given, for I worked during the time of the Messenger of Allah (saw) and he gave me a payment. I said the same as you said, and the Messenger of Allah (saw) said to me: 'If you are given something without asking for it, eat it and give it in charity.'" (Agreed upon).
4- Those Whose Hearts are to be Reconciled (Mu’allafat Qulubuhum): These are a category of leaders, influential people, or heroes whose faith is not yet firm, and the Khalifah or his governors see fit to give them Zakat to reconcile their hearts, strengthen their faith, use them for the benefit of Islam and Muslims, or to influence their groups—similar to those the Messenger (saw) gave, such as Abu Sufyan, Uyaynah bin Hisn, Al-Aqra’ bin Habis, Abbas bin Mirdas, and others. On the authority of Amr bin Taghlib:
أن رسول الله e أتي بمال، أو سبي فقسمه، فأعطى رجالاً، وترك رجالاً، فبلغه أن الذين ترك عتبوا، فحمد الله، ثم أثنى عليه، ثمّ قال: أمَّا بعد، فوالله إني لأعطي الرجل، وأدع الرجل، والذي أدع أحب إليّ من الذي أعطي، ولكني أعطي أقواماً، لما أرى في قلوبهم من الجزع واللع، وأَكِلُ أقواماً إلى ما جعل الله في قلوبهم من الغنى والخير
"The Messenger of Allah (saw) was brought some wealth or captives and he distributed them. He gave to some men and left others. He heard that those he had left were displeased. He praised Allah and then said: To proceed, by Allah, I give to a man and leave another, and the one I leave is more beloved to me than the one I give. But I give to some people because of the anxiety and impatience I see in their hearts, and I leave others to the richness and goodness Allah has placed in their hearts." (Reported by Bukhari).
These Mu'allafat Qulubuhum are not given from Zakat unless they are Muslims. If they are disbelievers (Kuffar), they are not given from Zakat, because it is not given to a disbeliever, according to the Messenger’s (saw) words to Mu’adh when he sent him to Yemen:
فأعلمهم أن الله افترض عليهم صدقة في أموالهم، تؤخذ من أغنيائهم، وترد على فقرائهم
"Inform them that Allah has obligated charity upon their wealth, to be taken from their rich and returned to their poor." (Reported by Bukhari via Ibn Abbas).
They are also only given if the reason for giving them exists; if the reason ceases, they are not given, as Abu Bakr and Umar refrained from giving to them after Islam became strong and widespread.
5- Freeing Captives (Fir-Riqab): These are the slaves. They are given from Zakat if they are under a contract of manumission (Mukatab) to free themselves, and they are purchased from Zakat funds and freed if they are not Mukatab. Slaves do not exist today.
6- The Debtors (Gharimin): These are the people in debt who take on debt to reconcile between people, to pay blood money (Diyah), or take it on for their own personal needs.
As for those who take on debt to reconcile between people or to pay blood money, they are paid from Zakat whether they are poor or rich. They are paid exactly what they incurred in debt without increase. On the authority of Anas, the Prophet (saw) said:
إن المسألة لا تحل إلاّ لثلاثة، لذي فقر مدقع، أو لذي غرم مفظع، أو لذي دم موجع
"Asking (for help) is not lawful except for three: one who is in grinding poverty, one who is in serious debt, or one who is responsible for blood money (Diyah)."
Muslim, Abu Dawood, and An-Nasa'i reported from Qabisah bin Mukhariq al-Hilali who said: "I took on a debt (for reconciliation), so I came to the Messenger of Allah (saw) to ask him for help with it. He said: 'Stay until the Sadaqah comes to us, then we will order some for you.' Then he said: 'O Qabisah, asking is not lawful except for one of three: a man who takes on a debt (for reconciliation), so asking is lawful for him until he obtains it, then he stops; and a man whose wealth is destroyed by a calamity, so asking is lawful for him until he obtains enough to survive—or he said: enough to meet his needs; and a man who is stricken by poverty until three wise men from his people say: "So-and-so has been stricken by poverty," then asking is lawful for him until he obtains enough to survive—or he said: enough to meet his needs. Anything other than these in asking, O Qabisah, is illicit (Suht) which its owner consumes as illicit wealth.'"
As for those who take on debt for their own personal needs, they are paid from Zakat to settle their debts if they are poor or if they are not poor but cannot pay off their debts. However, if they are rich and able to pay their debts, they are not paid because it is not lawful for them.
7- In the Way of Allah (Fi Sabilillah): Meaning Jihad and what it requires and depends upon, such as forming an army, establishing factories, and manufacturing weapons. Wherever "in the way of Allah" appears in the Quran, it only means Jihad. Thus, Zakat is paid for Jihad and its necessities. This is not limited by an amount; it is permissible to pay all or part of the Zakat for Jihad according to what the Khalifah sees as the interest of the Zakat recipients. Abu Dawood reported from Abu Sa’id who said: The Messenger of Allah (saw) said:
لا تحل الصدقة لغني إلاّ في سبيل الله...
"Sadaqah is not lawful for a rich person except in the way of Allah..." and in another narration: "...or for a fighter in the way of Allah..."
8- The Wayfarer (Ibn as-Sabil): He is the traveler stranded on his journey who cannot find money to reach his home. He is given from Zakat an amount that will take him to his home, whether it is a small or large amount. He is also given enough for his expenses on his way until he reaches his home. He is given from Zakat even if he is rich in his own country, due to the Messenger's (saw) words:
لا تحل الصدقة لغني إلاّ في سبيل الله، أو ابن السبيل، أو...
"Sadaqah is not lawful for a rich person except in the way of Allah, or for the wayfarer, or..." (Reported by Abu Dawood).
Apart from these eight categories mentioned in the verse, it is not permissible to give Zakat. It is not paid for the construction of mosques, hospitals, charitable foundations, or for any interest of the State or the Ummah, because Zakat is the private property of these eight categories, and no one else shares it with them.
The Khalifah has the authority to consider giving it to these categories as he sees fit to achieve the interest of these categories, as the Messenger of Allah (saw) and the Khulafa after him used to do. It is permissible for the Khalifah to distribute it among the eight categories, and it is permissible for him to restrict giving it to some of these categories as he sees fit for the interest of these categories. If these categories do not exist, the Zakat is kept in the Bayt al-Mal in the Diwan of Sadaqat to be spent when needed for its designated channels. Abu Ubaid reported from Ibn Abbas who said regarding Sadaqah: "If you place it in one category of the eight, it is sufficient for you." Likewise said Ata and Al-Hasan. And from Malik who said: "The matter with us regarding the division of Sadaqah is that it is only according to the Ijtihad of the ruler; whichever categories are in need and have the numbers, that category is favored according to what the ruler sees fit.") End of quote from the book Funds in the Khilafah State.
I hope this is sufficient, and Allah is most Knowing and most Wise.
Your brother, Ata bin Khalil Abu Al-Rashtah
17 Sha'ban 1441 AH 10/04/2020 CE
Link to the answer from the Ameer's Facebook page: https://web.facebook.com/HT.AtaabuAlrashtah/photos/a.1705088409737176/2604964059749602/?type=3&theater