Q. We are running a charity girls school for the poor and needy students, and the school is funded mostly by zakah and sadaqah. According to the Hanafi school of law, it is obligatory to put the beneficiary of zakah in possession of what is given to him or her. Hence it cannot be used to pay the salary of teachers, or purchase of a school building, etc. Could you please explain whether there is a way of relaxing this restriction, since we do not have sufficient funds to meet the school expenses.
M.T. Qureshi
Lahore
A. The idea of putting a beneficiary of zakah — in possession of what is given to him or her is very important, because no one should be in a position of interfering with the freedom of a poor person on account of having given zakah money to him or her. Poor persons are entitled to all their rights, including receiving zakah benefit without losing any of their privileges. Otherwise, we would be exercising unjustified power over them.
Hence, when we pay zakah to a poor person, we let him or her decide the best use they can make of it.
When you read the Qur’anic verse specifying the 8 classes of people who may benefit by zakah, you note that God has used one preposition, “to”, for the first four and a different preposition, “for”, in the case of the other four. The first are the poor, the needy, zakah workers, and persons who are to be won over to the cause of Islam. When these are given zakah they should be put in possession of what they are given.
In the case of the other four, zakah is given for a particular purpose. Therefore, it is appropriate to ensure that the purpose is met, even if the person concerned is not given possession of the funds. Thus, in the case of helping someone in debt, it is acceptable that you pay zakah to the creditor directly to reduce or pay off the debt. The beneficiary in this case may not even see the money being paid. Similarly, if you are paying zakah to a stranded traveler, you may buy an air ticket for him and ensure that he boards the plane.
One of these four categories, where zakah is paid for a purpose, is “to serve God’s cause.” This could be in defending an Islamic state or helping pilgrims, or to increase the capabilities of the Muslim community.
In his priceless commentary on the Qur’an, Al-Manar, Muhammad Rasheed Redha, a scholar of high standing, says: “Under this heading may be included the building of military or charitable hospitals, paving roads, building military, but not commercial, railways, building armored vehicles, military boats and planes, fortified positions, etc.
One of the most important purposes for which zakah could be used under this heading in our modern times is the education and preparation of advocates of Islam to send them to non-Muslim countries where they could work for the spread of Islam.
Also included is the expenditure on schools, whether religious or ordinary ones, which serve the general interests of the community.
In this case, teachers in such schools may be paid from zakah, as long as they are fulfilling their duty full-time and are not earning their living in some other way. Zakah may not be paid to a learned scholar who has sufficient funds for his own and his family’s living, merely because of his learning, even though he uses it for the benefit of the community.”
I have made this quotation to show you exactly what may be done by zakah money under the heading of “to serve God’s cause,” where no one is placed in possession of the funds, but they are used for public interest.
