Series of Answers by the Eminent Scholar Ata bin Khalil Abu Al-Rashtah, Ameer of Hizb ut Tahrir, to the Questions of Visitors to his Facebook Page "Fiqhi"
To: Musa A. Al-Shakoor Musa
Question:
Assalamu Alaikum wa Rahmatullahi wa Barakatuh
I pray to Allah that my message reaches you while you are in the blessing and grace of Allah...
It is stated in Article 142: "Hoarding money is prohibited even if its Zakat is paid."
It is also stated in the explanation of the article on page 77 of the book Introduction to the Constitution, Volume Two, in the explanation of the Hadith of Abu Umama: "This means the prohibition of hoarding gold and silver absolutely, even if it is two Dinars or even one Dinar, as long as it constitutes hoarding (kanz)." I understood from this that a poor person cannot beg from people more than his need.
The question is: What is the upper limit that a poor person can ask from people so that he is not considered a hoarder of money in our current time? What is his need? What is the amount he can beg from people and keep? And when should he stop begging?
May Allah reward you with goodness.
Answer:
Wa Alaikum Assalam wa Rahmatullahi wa Barakatuh,
May Allah bless you for your prayers for us, and we pray for the best for you.
First: Your question is essentially about the subject of begging (at-tasawwul), which is a different topic from hoarding (kanz)... Hoarding has nothing to do with poverty or wealth, and nothing to do with need or lack thereof. Rather, it is focused on collecting, hoarding, and storing money for no designated need to spend it on, regardless of whether the hoarder is rich or poor. A rich person, who is not in need, may hoard money and store it for no need to spend it on. Likewise, a poor person may hoard money and store it for no need to spend it on, even if he is in need; he does not spend the money he has to meet his needs but rather hoards and stores it despite his need. This was the case with some of the Ahl al-Suffah; they were people in need because they lived on people's charity, yet at the same time, some of them hoarded gold (a Dinar or two Dinars) and stored it for no need to spend it on...
The subject of hoarding and its prohibition is detailed in the book The Economic System in Islam, and it can be referred to, for it is sufficient, Allah willing.
Second: We have previously been asked about hoarding and saving, and my answer to the questioner on 13/01/2014 stated:
(1- Hoarding money (kanz) is collecting it for no need. If there is a legitimate need, such as collecting money to build a house, buy land, build a factory, or if you want to get married, or you have children and are collecting their tuition fees to study in school, or to buy a car, or the like, then this is collecting for a need and it is not hoarding. Rather, it is "saving for a need" (iddikhar), and it is a halal collection upon which Zakat is paid if a lunar year (hawl) passes while it is at the nisab (minimum threshold)...
2- Collecting maintenance (nafaqah) for himself and those he supports that suffices him for a year is permissible and is not hoarding, because the Messenger ﷺ used to give the Mothers of the Believers a year's maintenance. Muslim reported from Umar, who said:
كَانَتْ أَمْوَالُ بَنِي النَّضِيرِ مِمَّا أَفَاءَ اللهُ عَلَى رَسُولِهِ، مِمَّا لَمْ يُوجِفْ عَلَيْهِ الْمُسْلِمُونَ بِخَيْلٍ وَلَا رِكَابٍ، فَكَانَتْ لِلنَّبِيِّ ﷺ خَاصَّةً، فَكَانَ يُنْفِقُ عَلَى أَهْلِهِ نَفَقَةَ سَنَةٍ، وَمَا بَقِيَ يَجْعَلُهُ فِي الْكُرَاعِ وَالسِّلَاحِ، عُدَّةً فِي سَبِيلِ اللهِ
"The properties of Banu al-Nadir were among the spoils that Allah bestowed upon His Messenger, which the Muslims did not gain by charging with horses or camels. They belonged to the Prophet ﷺ exclusively. He would spend on his family the maintenance for a year, and whatever remained he would spend on horses and weapons as equipment in the path of Allah."
An-Nawawi says in his explanation of Sahih Muslim: "And his saying: 'He would spend on his family the maintenance for a year,' means he would set aside for them a year’s maintenance, but he would spend it before the end of the year on various charitable causes, so the year would not be completed for it..."). Therefore, collecting money for maintenance for a period of a year is not hoarding, and its nisab is subject to Zakat if a year passes over it...) End of quote from the previous answer.
Third: As for begging (at-tasawwul), detailed Sharia evidences have been mentioned that clarify the ruling on begging and its Sharia limits:
1- The Sharia prohibits asking people for their money without a need, and commands the capable person to work to obtain money:
- Allah (swt) said in praise of the poor who are modest and refrain from begging:
لِلْفُقَرَاءِ الَّذِينَ أُحْصِرُوا فِي سَبِيلِ اللَّهِ لَا يَسْتَطِيعُونَ ضَرْباً فِي الْأَرْضِ يَحْسَبُهُمُ الْجَاهِلُ أَغْنِيَاءَ مِنَ تَعَفُّفِ تَعْرِفُهُمْ بِسِيمَاهُمْ لَا يَسْأَلُونَ النَّاسَ إِلْحَافاً وَمَا تُنْفِقُوا مِنْ خَيْرٍ فَإِنَّ اللَّهَ بِهِ عَلِيمٌ
"(Charity is) for the poor who have been restricted for the cause of Allah, unable to move about in the land. An ignorant [person] would think them self-sufficient because of their restraint, but you will know them by their characteristic. They do not beg from people persistently. And whatever you spend of good - indeed, Allah is Knowing of it." (Surat Al-Baqarah [2]: 273). This verse implies a prohibition on asking people.
- Muslim reported in his Sahih in the same chapter from Abu Hurairah, who said: The Messenger of Allah ﷺ said:
مَنْ سَأَلَ النَّاسَ أَمْوَالَهُمْ تَكَثُّراً فَإِنَّمَا يَسْأَلُ جَمْراً فَلْيَسْتَقِلَّ أَوْ لِيَسْتَكْثِرْ
"Whoever asks people for their money to increase his own wealth is only asking for live coals; so let him ask for little or much."
It is stated in An-Nawawi's explanation of Muslim: [His saying ﷺ "Whoever asks people for their money to increase his own wealth is only asking for live coals; so let him ask for little or much," Al-Qadi said it means he will be punished with fire. It is also possible it is meant literally, and that what he takes becomes embers with which he is cauterized, as established regarding the one who refuses to pay Zakat].
- It is also in Sahih Muslim in the same chapter from Abu Hurairah, who said: I heard the Messenger of Allah ﷺ say:
لَأَنْ يَغْدُوَ أَحَدُكُمْ فَيَحْطِبَ عَلَى ظَهْرِهِ فَيَتَصَدَّقَ بِهِ وَيَسْتَغْنِيَ بِهِ مِنَ النَّاسِ خَيْرٌ لَهُ مِنْ أَنْ يَسْأَلَ رَجُلاً أَعْطَاهُ أَوْ مَنَعَهُ ذَلِكَ فَإِنَّ الْيَدَ الْعُلْيَا أَفْضَلُ مِنَ الْيَدِ السُّفْلَى وَابْدَأْ بِمَنْ تَعُولُ
"That one of you should go out in the morning and carry a bundle of firewood on his back and give it in charity and be free of need from people is better for him than to ask a man who might give to him or refuse him; for the upper hand is better than the lower hand, and start with those for whom you are responsible."
2- The Sharia has permitted asking people for their money in certain cases clarified by the Messenger ﷺ. In the Hadith reported by Muslim in his Sahih from Qabisah bin Mukhariq al-Hilali, who said: "I incurred a debt (to settle a dispute between people), so I came to the Messenger of Allah ﷺ to ask him for it. He said:
أَقِمْ حَتَّى تَأْتِيَنَا الصَّدَقَةُ فَنَأْمُرَ لَكَ بِهَا
'Stay until the charity comes to us, then we will order it for you.' He then said: 'O Qabisah, begging is not permissible except for one of three: a man who has incurred a debt (to reconcile between people), for whom begging is permissible until he pays it off, then he must stop; a man whose property has been destroyed by a calamity, for whom begging is permissible until he attains a means of subsistence—or he said: a sufficiency of livelihood; and a man who is stricken by poverty such that three men of wisdom from his people say: "So-and-so has been stricken by poverty," for whom begging is permissible until he attains a means of subsistence—or he said: a sufficiency of livelihood. Other than these, O Qabisah, begging is suht (forbidden wealth) which its owner consumes as suht.'" It is clear from this Hadith that the categories for whom begging is permissible are: the man who incurred a debt for reconciliation among people, the man struck by a calamity, and the poor person in extreme need...
3- Attached to these three categories are those who fall under their ruling, such as the personal debtor who does not have money to pay his debt, as he is included under the term "debtors" (gharimeen) in the words of the Almighty:
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 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." (Surat At-Tawbah [9]: 60). Likewise, the strong person who cannot find work, i.e., who does not find work to do to earn his sustenance and has no money or relative to spend on him, according to his saying ﷺ in the Hadith reported by An-Nasa'i and others from Hisham bin Urwah, from his father, who said: Ubaidullah bin Adi bin al-Khiyar told me that two men told him that they came to the Messenger of Allah ﷺ to ask him for charity. He looked them up and down, saw they were strong, and the Messenger of Allah ﷺ said:
إِنْ شِئْتُمَا وَلَا حَظَّ فِيهَا لِغَنِيٍّ وَلَا لِقَوِيٍّ مُكْتَسِبٍ
"If you wish (I will give you), but there is no share in it for a rich person, nor for a strong person who is able to earn." (Al-Albani said: Sahih). Also, one who bears the payment of "blood money (diyah) for a relative, close friend, or kinsman who committed murder, paying it to the guardians of the slain; for if he does not pay it, his relative or friend for whom he grieves will be killed." This is due to what Ahmad reported in his Musnad from Anas bin Malik from the Prophet ﷺ, who said:
إِنَّ الْمَسْأَلَةَ لَا تَحِلُّ إِلَّا لِأَحَدِ ثَلَاثٍ ذِي دَمٍ مُوجِعٍ أَوْ غُرْمٍ مُفْظِعٍ أَوْ فَقْرٍ مُدْقِعٍ
"Asking is not permissible except for one of three: one who has blood money that causes pain, one who has a crushing debt, or one who is in abject poverty."
These categories are allowed to ask until the need for which they asked is met, and it is not permissible for these categories to ask after that according to what is explained above... It is not correct for anyone other than these categories mentioned in the Hadith of Qabisah and those who fall under their ruling to ask people for their money...
4- We have mentioned the limit of wealth with which begging is not permissible in the book Funds in the Khilafah State in the chapter "Expenditure of Zakat" as follows:
[...And 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 ﷺ said: "Charity is not permissible for a rich person, nor for one who is strong and able-bodied." The one who is "strong and able-bodied" is the one who possesses strength and the ability to earn; if he finds nothing to earn, he is considered poor. The rich person is the one who is self-sufficient and independent of others, and who receives an excess beyond what meets his needs. Hadiths have been mentioned clarifying who the rich person is. From Abdullah bin Mas’ud who said: The Messenger of Allah ﷺ said:
مَا مِنْ أَحَدٍ يَسْأَلُ مَسْأَلَةً، وَهُوَ عَنْهَا غَنِيٌّ، إِلاَّ جَاءَتْ يَوْمَ الْقِيَامَةِ كُدُوحاً، أَوْ خُدُوشاً، أَوْ خُمُوشاً فِي وَجْهِهِ. قِيلَ: يَا رَسُولَ اللهِ، وَمَا غِنَاهُ، أَوْ مَا يُغْنِيهِ؟ قَالَ: خَمْسُونَ دِرْهَماً، أَوْ حِسَابُهَا مِنَ الذَّهَبِ
"There is no one who asks for something while he is wealthy, but it will come on the Day of Resurrection as scratches, or lacerations, or abrasions on his face. It was said: O Messenger of Allah, what is his wealth (that makes him rich)? He said: Fifty Dirhams, or its equivalent in gold." (Reported by the Five). So whoever possesses fifty silver Dirhams, i.e., 148.75 grams of silver, or its equivalent in gold, in excess of his food, clothing, housing, and the maintenance of his family, children, and servant, is considered rich, and it is not permissible for him to take from charity.] End. Accordingly, it is not permissible for such a rich person to ask people.
Fourth: The Problem of Begging and its Solution:
It is worth noting that the spread of the phenomenon of begging in Muslim countries is due to the exclusion of Islamic Sharia from application and the great negligence of the rulers in caring for the people's affairs... It is tragic and heartbreaking to see swarms of beggars in the lands of Muslims in front of mosques, in the streets, and at intersections... even though the lands of the Muslims are the storehouse of money and resources... The blame does not fall primarily on the beggars, but rather on the rulers who do not apply the Sharia, and moreover, do not care for the people's affairs, do not meet their needs, and do not provide them with a means of subsistence... The upcoming Rightly Guided Khilafah state, by Allah's will, will have as its priority the treatment of the phenomenon of poverty in Muslim countries and the resulting bad phenomena such as begging... We have explained in our books how Islam treated the problem of poverty, especially what was mentioned in the book The Economic System in Islam, as it is detailed therein and can be referred to.
Your brother, Ata bin Khalil Abu Al-Rashtah
19 Jumada al-Akhirah 1443 AH Corresponding to 22/01/2022 CE