People
burdened by debts and unable to pay them are of several kinds: those who took
upon themselves responsibility to discharge a debt; those who guaranteed debts
of others and therefore, upon default, the debts have become their obligation;
those who mismanaged their finances, those who borrowed money because they had
to; or those who were involved in sinful acts and then repented, and who had to
pay a fine for repentance. All of them may take sadaqah to meet their debts.
Anas
reported that the Prophet, (SAW), said: “Asking for sadaqah is permissible only
for the following three classes [of people]:
1.
Those who are in abject poverty,
2.
Those who have severe debts,
3.
Those who incurred it in the payment of blood money [on behalf of a relative or
friend].” This is related by Ahmad, Abu Dawud, Ibn Majah, and at-Tirmizhi. The
latter grades it has.
Muslim
relates from Abu Sa’id al-Khudri that a man made a bad deal on fruit and then
ran into heavy debt. The Prophet, (SAW), recommended: “Give him sadaqah.” Then
the people gave him sadaqah. However, he still had some debt left over.
Thereupon, the Prophet, upon (SAW), said to creditors: “Take what you get . .
.”
As
to the previously stated hadith of Qabisah ibn Mukhariq, in which he says: “I
had a debt. I went to the Messenger of Allah, upon whom be peace, and asked him
for help. He answered: ‘Wait until we have received funds for Sadaqah, then we
will give some to you.’ “The expression hamalah in this hadith, as defined by
the scholars, is to assume someone’s responsibility as one’s own in order to
restitute a discord. In pre-Islamic times, whenever strife took place among the
Arab tribes and blood was spilled, compensation was called for. In such a case,
one of them would volunteer to meet the obligation until the strife had ended.
Undoubtedly, this was a noble act for these people. When the Arabs would come
to know that one of them had taken upon himself the responsibility (Hamalah) of
someone’s debt, they would hasten to his help in the discharge of his
responsibility. If such a person asked for help, it was considered an honorable
act and not derogatory to his character. No conditions were stipulated. As for
being qualified to obtain zakah in the discharge of such debts, it is not a
precondition that the person who has assumed the debt on another’s behalf
should be unable to pay it. In fact, he can still ask for zakah even though he
is a man of means.
Sadaqah
for the Cause of Allah
Fee
Sabil lillah means for the sake of Allah--that is, making use of knowledge and
deeds to attain Allah’s pleasure. Most scholars understood this phrase as
fighting for the cause of Allah. Part of zakah designated for the cause of
Allah is given to volunteer fighters, especially those who are not on the
payroll of the state, regardless of their financial status.
The
hadith of the Messenger of Allah, stated elsewhere, also confirms it: “Sadaqah
is not permitted to the rich except to the following five: the warrior (Ghuzi)
for the cause of Allah . . . and so on.”
As
to the pilgrimage (hajj, it does not fall under the zakah designated for the
cause of Allah because it is an obligation for one who can afford it.
Commenting on the issue, the authors of al-Manar say: “Spending of this portion
on securing the routes of the pilgrimage and for providing water, food, and
health services for the pilgrims is permissible if funds from other sources are
not available.”
Included
in the share designated “for the cause of Allah” are those spendings in the
interest of the common good that pertain to both religious and secular matters.
The foremost is the preparations for war, including buying arms, food supplies
for soldiers, means of transportation, and equipment for warriors. However, the
supplies for warriors are to be returned to the treasury after the war. This
applies especially to inconsumable items such as weapons, horses, and so on. A
warrior does not always possess such items, for he uses them in the cause of
Allah only when necessary. This is not the case, however, with other recipients
of zakah, such as zakah collectors, debtors, people who received money under
the expense account “reconciliation of hearts,” and the wayfarers. They do not
have to return the zakah, even if they are no longer entitled to it.
Also
included in the expense account “for the cause of Allah” are projects such as
establishing military hospitals, paved and unpaved roads, the extension of
military (not commercial) railway lines, and the building of cruisers,
warplanes, fortresses, and trenches. An important item in this category could
be the preparation of Muslim missionaries and sending them to non-Muslim
countries to spread Islam, just as non-Muslim missionaries are now spreading
their religions in Islamic countries. Also falling under this heading would be
school expenses to prepare adequate courses in religious sciences and in othear
areas of public interest. Teachers involved in such programs should be given
sadaqah as long as they continue to perform their assigned jobs without
resorting to other means of income. Scholars who are rich should not be paid for
their work, despite their obvious benefits to the people.
Sadaqah
for the Wayfarer
Scholars
agree that a traveler stranded in a foreign land should be given zakah if he
lacks the means to achieve his objectives. The extension of zakah is, however,
tied to the condition that the journey must have been undertaken for
Islamically acceptable reasons. Just what such a trip involves is open to
question. The preferable opinion among the Shaf’iyyah is that sadaqah is given
even when the traveler is taking the trip for sightseeing and pleasure. The
wayfarer (ibn as-Sabil), according to the Shaf’iyyah, is of two kinds:
1.
A person traveling within his own country,
2.
One traveling in a foreign country. Both of them are entitled to zakah, even
though they could find someone to lend them the needed amount and they have
enough resources in their own country to pay their debts. According to Malik
and Ahmad, only the passer-by is eligible for zakah and not one traveling
within his own country. Zakah is not to be given to the person if he can find
someone to lend him the money he needs and if he has enough of his own money in
his country to pay his debt.
To
be continued
