Question:
Assalamu Alaykum. Kindly assist with the following query:
Yusuf regularly gives his zakat to Ahmad, who acts as Yusuf’s wakeel and distributes it to people eligible to receive zakat.
On one occasion, Ahmad asked Yusuf to send him a specific amount of zakat to distribute to three people:
- A Pakistani brother who was eligible to receive zakat.
- A person who was eligible to receive zakat because he had debts, although he was not completely without wealth. Ahmad was referring to himself when he mentioned this person, but Yusuf did not know this.
- A distant family relative who was experiencing financial difficulty and was eligible to receive zakat.
Yusuf sent the money to Ahmad and told him that if these people are eligible for zakat and need the money, you may give it to them.
At the time Ahmad made the request, he intended to give zakat to the first and third people and to take some of the zakat himself as the second person he had referred to.
However, after receiving the money, Ahmad found himself in financial difficulty. He therefore used the entire amount for himself rather than giving any of it to the first and third people.
The questions are:
- Is Ahmad sinful for using the entire amount of zakat for himself, even though he had told Yusuf that he would distribute it to the three specified people? At the time he made the request, he genuinely intended to give some of it to the first and third people and to take some himself as an eligible recipient.
- Has Yusuf’s zakat been discharged? The zakat was ultimately given to Ahmad, who was himself eligible to receive zakat, but it was not given to the first and third people whom Ahmad had originally specified.
Jazakallahu Khayra
Answer:
In the Name of Allah, the Most Gracious, the Most Merciful.
As-Salāmu ‘Alaykum Wa-Rahmatullāhi Wa-Barakātuh.
In principle, Tamleek (transferring ownership) is necessary for Zakaah to be validly discharged. When a person appoints a Wakil (agent) to distribute Zakaah to the needy, the Wakil is merely an Ameen (trustee). He is required to distribute the Zakaah according to the donor’s instructions and is not permitted to use the Zakaah funds for himself. In such a case, the donor’s Zakaah will not be discharged.
Therefore, in the inquired scenario, it is necessary to ascertain from the donor whether, when he handed over the money, he made Ahmad the owner of the funds or merely appointed him as a Wakil. If he made Ahmad the owner, the Zakaah will be discharged; otherwise, it will not. [1]
And Allah Ta’ala Knows Best.
Abdour-Rahmaan Lim Voon Heek
Student Darul Iftaa
Port-louis, Mauritius
Checked and Approved by,
Mufti Muhammad Zakariyya Desai.
