Commentary
His saying, exalted and majestic is He: "Indeed, the alms are only for the poor and the needy, and those who collect them, and for those whose hearts are to be reconciled, and for freeing captives, and for those in debt, and for the cause of Allah, and for the traveler in need. It is an obligation from Allah. And Allah is Knowing and Wise."
"Indeed" in this verse is restrictive, necessitating that the alms are confined to the eight categories. However, there has been a difference regarding the method of distribution. Malik and others said: It is according to the effort of the imam and based on the needs of the people. Al-Shafi'i, may Allah have mercy on him, said: They are eight categories that should not be neglected, except that the category of those whose hearts are to be reconciled has ceased.
Qadi Abu Muhammad, may Allah have mercy on him, said: The one who holds this opinion says: It is not sufficient for the one giving charity or distributing from each category to give less than three.
As for the poor and the needy, Al-Asma'i and others said: The poor is in a more severe state of need. Others said: The needy is in a more severe state of need.
Qadi Abu Muhammad, may Allah have mercy on him, said: There is no way to resolve this disagreement or to prefer one over the other except by looking into the evidence from the Qur'an and examining the words of the Arabs and their poetry. Among the evidence of the former is the saying of Allah, exalted and majestic is He: "As for the ship, it belonged to poor people working in the sea" [Al-Kahf: 79].
This evidence has been objected to in several ways, including that they were called poor in relation to the oppressor, even if they were wealthy in terms of the right of redemption, as one might say about a group: "You oppress the poor who have no means." And they may have been affluent. Another objection is that it was read "for the poor" with a strong 's' meaning: tanners who work with skins, as stated by Al-Naqqash and others. Another objection is that their addition to them is not an addition of ownership, but they were working with it, just as one might say: the saddle of the horse, and the door of the house.
Among the evidence of the latter is the saying of the shepherd: "As for the poor whose milk was taken, He was not left with anything."
This evidence has been objected to by saying that he only called him poor after he had no milk left, and he mentioned the milk as it was. This objection is refuted by the meaning of the poem and the intention of the poet, which is that he describes a hardship that has befallen the wealth of the entire tribe, saying: As for the poor, his wealth has been uprooted, so how about the rich in this situation? And those who say that the needy is in a more severe state of need argue that he is derived from stillness, and that the poor is derived from the vertebrae of the back, as if he has been struck in his vertebrae. Others who say that the poor is in a more severe state of need argue that he is derived from the emptying of the well when you remove everything in it, and that the needy is from stillness.
Qadi Abu Muhammad, may Allah have mercy on him, said: Despite this disagreement, they are two categories that are encompassed by scarcity and need. Therefore, we should investigate the reason for which Allah made them two, as their meaning is one. People have differed in this matter. Al-Dahhak ibn Muzahim said: The poor are from the emigrants, and the needy are those who did not emigrate. Al-Nakha'i said something similar, and Sufyan said: The poor from the Bedouins should not be given anything from it.
The judge Abu Muhammad, may Allah have mercy on him, said: And the miskin (poor person) is the one who asks and is given in the city and elsewhere. This saying is a narration of the state at the time of the revelation of the verse. As for since the migration has ceased, people have become equal, and zakat is given to everyone who is characterized by poverty. And Ikrimah said: The fuqara (poor) are from the Muslims, and the masakin (miskin) are from the people of dhimmah. And do not say to the fuqara of the Muslims: masakin. And Al-Shafi'i said in the book of Ibn Al-Mundhir: The faqir (poor) is the one who has no wealth and no profession, whether he is asking or refraining from asking. And the miskin is the one who has a profession or wealth, but it does not suffice him, whether he is asking or not asking. And Qatadah ibn Di'ama said: The faqir is the disabled needy one, and the miskin is the healthy needy one. And Ibn Abbas, Al-Hasan, Mujahid, Al-Zuhri, Ibn Zayd, Jabir ibn Zayd, and Muhammad ibn Salamah said: The masakin are those who strive and ask, while the fuqara are those who refrain from asking. This last saying, if summarized and clarified, is the best that can be said about this.
And its clarification is that the faqir is the one who has no wealth, but he does not humiliate himself nor expose his face. This is either due to excessive refraining or because he has a means of sustenance like milk and the like. The miskin is the one who is accompanied by his poverty with humility, submission, and asking. This is the essence of being miskin. Therefore, every miskin is a faqir, but not every faqir is a miskin. This is supported by the fact that Allah, the Exalted, described the Children of Israel with miskinah and associated it with humiliation despite their wealth. And when you contemplate what we have said, it becomes clear that they are two existing categories among the Muslims. This is further supported by His saying, blessed and exalted is He: "For the fuqara who have been restricted in the cause of Allah, unable to traverse the earth, the ignorant person would consider them rich because of their refraining" [Al-Baqarah: 273]. And it was said to a Bedouin: Are you faqir? He said: By Allah, I am miskin. And the Prophet, blessings and peace be upon him, said: "The miskin is not the one who goes around and is turned away by a morsel or two, but the miskin is the one who does not find wealth to suffice him and is not noticed so that he is given charity." Read if you wish: "They do not ask people for help" [Al-Baqarah: 273]. This hadith indicates that the miskin in language is the one who goes around, and the Prophet's warning in this hadith regarding the refraining ones is in line with the prioritization of the fuqara in the verse for the sake of concern, as they are in a position that if they are not cared for, they will perish, while the miskin insists and reminds himself.
As for the worker, he is the man whom the imam appoints to strive on behalf of the people and to collect their alms. Everyone who dispenses aid that cannot be done without is among the workers; because he gathers the people for the one who strives. Al-Dahhak said: For the workers, there is a share of what they have done according to the division of the Qur'an. The majority said: They have a share according to their effort and expenses. This was stated by Malik and Al-Shafi'i in the book of Ibn Al-Mundhir. If that exceeds the price of the alms, there is a difference of opinion. It is said: They complete that from the rest of the shares, and it is said: Rather, they complete that from the fifth of the spoils. There is a difference of opinion if a Hashimi works in the alms. It is said: He is given from them his wages, and it is said: Rather, he is given from the fifth, and it is not permissible for the worker to accept a gift or a favor from the one he strives for. If he does that, it is returned to the treasury, as the Prophet, blessings and peace be upon him, did with Ibn Al-Latabiya when he appointed him over the alms. He said: "This is for you and this was gifted to me." The Prophet, blessings and peace be upon him, said: "Why didn't you sit in your father's and mother's house until you know what is gifted to you?" And he took everything from him.
The judge Abu Muhammad, may Allah have mercy on him, said:
And contemplate the wages of the one who strives; does he take it before the work or after it? Is it a permission or is it a fee? Is the work known or is it followed, and its amount is only known after completion?
As for those whose hearts are to be reconciled, they were of two types: Muslims and disbelievers who are concealed. Yahya ibn Kathir said: Among them were Abu Sufyan ibn Harb ibn Umayyah, Al-Harith ibn Hisham, Safwan ibn Umayyah, Suhail ibn Amr, Hakim ibn Hizam, Abu Sufyan ibn Al-Harith ibn Abd Al-Muttalib, Uyayna, Al-Aqra, Malik ibn Awf, Al-Abbas ibn Mirdas, and Al-Ala ibn Jariyah Al-Thaqafi.
The judge Abu Muhammad, may Allah have mercy on him, said:
Most of these were among the freed captives whose outward condition on the day of the conquest was disbelief. Then they remained openly manifesting Islam until it was firmly established among most of them. Their reconciliation was either to bring some benefit to Islam or to avert some harm from it. Umar ibn Al-Khattab, may Allah be pleased with him, Al-Hasan, Al-Sha'bi, and a group of scholars said: This type has ceased with the honor of Islam and its emergence. This is the well-known view of Malik, may Allah have mercy on him. Abd Al-Wahhab said: If there is a need for them at certain times, they are given from the alms.
The judge Abu Muhammad, may Allah have mercy on him, said:
And Umar's statement, may Allah be pleased with him, in my view is only for specific individuals. He said to Abu Sufyan when he wanted to take his old gift: "You only take as a man from the Muslims, for Allah has made you and your kind independent." He means in reconciliation. As for denying Umar the reconciliation altogether in the borders of Islam, that is far-fetched. Many scholars said: Those whose hearts are to be reconciled will exist until the Day of Resurrection.
The judge Abu Muhammad, may Allah have mercy on him, said:
And when the borders are contemplated, the need for reconciliation is found therein.
Al-Zuhri said: The mu'allafah are those who have embraced Islam from among the Jews or Christians, even if they are wealthy.
Qadi Abu Muhammad, may Allah have mercy on him, said: He means that his soul should be made easy and the religion of Islam should be made beloved to him.
As for the riqab, Ibn Abbas, Al-Hasan, Malik, and others said: It is the beginning of emancipation and assistance to the mukatab in what comes to his freedom. There was a difference of opinion on whether the mukatab is assisted during the period of his stars with prohibition and permissibility. There was also a difference of opinion regarding the permissibility of that if he becomes unable. It was said: He returns that from the master, and it was said: It is carried out; because it was on the day of payment in an orderly manner. Al-Shafi'i said: The meaning of "and in the riqab" is among the mukatabun, and emancipation of a slave does not begin from it. This was also said by Al-Layth, Ibrahim Al-Nakha'i, and Ibn Jubayr. This is because these categories are given either for the benefit of the Muslims or for a need in themselves, and the slave does not have one of these two reasons. The mukatab has become one of those in need. Al-Zuhri said: The share of the riqab is two halves; one half is for the mukatabun, and one half is for the emancipation of Muslim slaves among those who have prayed, and from it, the captives of the Muslims are ransomed, and this was prohibited by others.
As for the gharib, he is a man burdened by a debt that is not due to disobedience or foolishness. The scholars said: His debt should be paid off even if he has possessions that sustain him and provide for his family. Likewise, a man who bears a burden in blood money or reconciliation between tribes, and the like, is one of the five whom the Messenger of Allah, blessings and peace be upon him, mentioned: "Charity is not lawful for a wealthy person except for five: for a worker on it, or a warrior in the way of Allah, or a man who bears a burden, or one to whom it is gifted, or one who buys it with his money."
Qadi Abu Muhammad, may Allah have mercy on him, said: The mu'allafah have been omitted from this hadith, and the debt of a deceased person is not to be paid from charity, nor is it given to one who has an expiation or the like from the rights of Allah. Rather, the gharib is one who has a debt for which he is imprisoned. It has been said in our school and others: The debt of the deceased is to be paid from the charities, as Abu Thawr said.
As for fi sabil Allah, it is the mujahid. It is permissible for him to take from charity to spend in his expedition even if he is wealthy. Ibn Habib said: The pilgrim is not given from it unless he is poor, so he is given for his poverty. Ibn Abbas, Ibn Umar, Ahmad, and Ishaq said: The pilgrim is given from it even if he is wealthy, and the pilgrimage is in the way of Allah. And it is not given from it for building a mosque, or a bridge, or buying a mushaf, and the like.
As for Ibn al-Sabil, he is the man in a state of travel and estrangement who is in need. He is given from zakat even if he is wealthy in his homeland. The traveler is called Ibn al-Sabil due to his constant association with the way, just as a bird is called "son of water" due to its association with it. Among them is my saying: "Ibn Jala," and it has been said about him other than this, and among them is their saying: "the sons of war and the sons of glory."
And the children of Hashim are not given from the obligatory charity. Ibn al-Majishun, Mutarrif, Asbagh, and Ibn Habib said: Nor from the voluntary charity, and their allies are not given because the ally of the people is one of them. Ibn al-Qasim said: The children of Hashim are given from the voluntary charity, and their allies are given from both types of charity. And whoever asks for charity and says that he is poor? A group said: He is given without being required to provide proof of his poverty, unlike the rights of human beings, where the poor must provide proof because it is the rights of people that are taken with the utmost caution. Also, if people have rights related to human beings, they are presumed to be wealthy until poverty is established. This is evident from His saying, the Exalted: 'And if the debtor is in difficulty' [Al-Baqarah: 280]. This means that if he falls into difficulty, he is given this, indicating that the original state is wealth. If a person is in difficulty, then he is granted a respite. A group said: A healthy man whose poverty is not known is not given unless his poverty is known. However, if he claims to be in debt, or a freed slave, or a traveler, or in the way of Allah, or something similar that is not known about him, he is not given except with proof, unanimously. It has been said regarding the debtor: His possessions and everything he owns are sold, then he is given based on his poverty. A man gives to his poor relatives, and they have more right than others. If his relative is absent in a place where the prayer is shortened to him, then his poor neighbor is more deserving. If he is in an absence where the prayer is not shortened to him, it is said: He is more deserving than the poor neighbor, and it is said: The neighbor is more deserving. A man gives to his relatives whom he is not obligated to support, and a woman gives to her husband. Some people said: Unless he has not spent that on her. A man gives to his wife if she is among the debtors. There is a difference regarding the allegiance of the one who is freed from charity. Malik said: His allegiance is to the community of Muslims. Abu Ubaid said: His allegiance is to the one who freed him. Ubaid Allah ibn al-Hasan said: His wealth is placed in the treasury of charity. Al-Hasan, Ahmad, and Ishaq said: Some of his slaves are freed from his wealth. If a man has a debt upon a poor person, it is said: He leaves it for him and deducts that from his charity. It is said: This is not permissible at all. It is said: If he is among those who, if he raised it to the judge, it would be possible for him to pay it, then this is permissible; otherwise, it is not permissible because he may have passed away.
As for the way, it is that which we have mentioned. A man who is a warrior is given, even if he is wealthy. The people of opinion said: The warrior is not given in the way of Allah except if he is in need of it. Ibn al-Mundhir said: This is contrary to the apparent meaning of the Qur'an and the hadith of the Messenger of Allah, blessings and peace be upon him. As for the Qur'an, His saying, the Most High: "And in the way of Allah." As for the hadith, His saying: "Except for five categories, for one who works on them, or a warrior in the way of Allah." As for the method of differentiation, Malik and others said: According to the need and the view of the imam, he places it in any category he sees fit. Likewise, the one who gives charity. This was said by Hudhayfah ibn al-Yaman, Sa'id ibn Jubayr, Ibrahim, and Abu al-Aliyah. Al-Tabari said: Some of the later scholars said: When the one who gives charity divides, he divides into six categories, because there is no worker, and because the recipients have ceased. If the imam divides, then it is into seven categories. Al-Shafi'i, Ikrimah, and al-Zuhri said: It is eight categories for eight types, none of which should be omitted. Al-Shafi'i argued with the saying of the Messenger of Allah, blessings and peace be upon him, to the man who asked him: "Indeed, Allah the Most High is not pleased with the distribution of a prophet or anyone else until He Himself divided it and made it eight categories for eight types. If you are one of them, I will give you."
Qadi Abu Muhammad, may Allah have mercy on him, said: The hadith is in the compilation of Abu Dawood. Abu Thawr said: When the imam divides, he does not omit any category. If a man gives his charity in one category without another, that is sufficient for him. Al-Nakha'i said: If the wealth is abundant, it is divided among all categories. If it is little, he gives him one category. A group of scholars said: One who has fifty dirhams should not be given from the zakat. Al-Hasan and Abu Ubayd said: One who has one uqiyah, which is forty dirhams, should not be given, Al-Hasan said: He is wealthy.
Al-Shafi'i said: A man who has no worth may be rich with a dirham due to his effort and cunning. And a man who has worth and dependents may be weak in spirit and cunning, so thousands do not benefit him. Abu Hanifa said: He does not take charity if he has two hundred dirhams, and if he has less, there is no harm in him taking it. Sufyan al-Thawri said: No one should be given more than fifty dirhams from zakat unless he is in debt. The scholars of opinion said: If he is given a thousand while in need, that suffices him. Abu Thawr said: He should be given from charity until he becomes self-sufficient and the label of poverty is removed from him. There is no harm in giving the poor a thousand or more than that. Ibn al-Mundhir said: Most of those who are known among the scholars agree that one who has a house and a servant, and cannot do without them, may take from zakat, and it is permissible for the giver to give him. Malik said: If there is no surplus in the price of the house or the servant compared to what he needs from either of them, it is permissible for him to take, otherwise it is not permissible. As for a man who gives another thinking he is poor, but he is rich, if he has a habit of taking it, he may take it from him. If it is missed, it is looked into. If the receiver is rich and took it while knowing it is not lawful for him, he must return it in any case. If he was not deceived but believed it was permissible for him, or did not ascertain the intention of the giver, it is looked into. If he wore it or ate it, he must return it, and if it was lost, he is not liable. There is disagreement regarding its sufficiency for the one who gives charity. Al-Hasan and Abu Ubaidah said: It suffices him. Al-Thawri and others said: It does not suffice him. The people of the place of charity have more right to it unless there is a surplus that is transferred to others according to the discretion of the imam. Ibn Habib said in 'Al-Wadihah': As for the recipients of charity, their share has been cut off. As for the cause of Allah, there is no harm for the imam to give to the fighters if the spoils are scarce in the treasury.
Qadi Abu Muhammad, may Allah have mercy on him, said: This condition has some consideration. Ibn Habib said: The imam should instruct the collectors to distribute it in the places from which it was collected, and nothing should be taken to the imam unless he sees it as necessary or a need has arisen for a people, as Malik said.
Whoever has a farm or something in its price, if he sells it and it suffices him, it is not permissible for him to take charity.
This is a summary of the jurisprudence of the verse sufficient for our condition in brevity, and Allah is the Grantor of success by His mercy.
And His saying, the Exalted: 'An obligation from Allah' means a mandatory limit. It is derived from the obligation in something in the sense of cutting and severing for the establishment of that and its permanence, similar to what is mandated from the rulings. The term 'obligation' is in the form of a noun. Then He described Himself, blessed and exalted is He, with two attributes appropriate for the ruling of this verse because it emanated from His knowledge of His creation and His wisdom in the distribution among them.
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