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Giving Zakat to the poor on condition that they donate some of it to build schools etc

Question

Assalamu Alaikum Dear Sir, Sub: Conversion of Zakat Money to Regular Wealth and then use the same for Masjids, Madrasas and Dawah Work We are living in a country of people with mixed fortunes, some are quite rich, and the majority of the people are in the middle class. We have a lower class which is dependent on Zakat for most of their needs and sometimes the middle class is also in need of Zakat for Housing, Wedding etc. I feel that if all the rich class use their Zakat Money in a proper way, then we can fill this gap and give a decent life to the lower class and solve the problem of the middle class. The following has become a practice with some of the people here, and I have heard that this is also in practice in countries like India and Pakistan: “Zakat is given to a person who is poor and liable to receive Zakat, but the said person returns the money back, deducting a small amount, to a committee or individual. The returned money is considered as NON-ZAKAT and used to Build Masjids, Build and Run Madrasas and Used for Dawah Related Work. I kindly request Your Holiness to clarify the following: • Is the above allowed? Can you please prove the same with Holy Quran and Hadees Shariff. • If it is allowed in Shariat. Can you please give a stronger argument where this practice of conversion to be stopped, because with this practice we are depriving the rights of the genuine recipients of Zakat. Thanking you, Wassalaam

Answer

All perfect praise be to Allaah, The Lord of the Worlds. I testify that there is none worthy of worship except Allaah, and that Muhammad  sallallaahu  `alayhi  wa  sallam ( may  Allaah exalt his mention ) is His slave and Messenger.

Allaah specified the recipients of Zakat and it is not permissible to give Zakat to people who are not eligible for it, Allaah Says (what means): {As-Sadaqaat (Zakat) are only for the poor, and for the needy, and for those employed to collect (the funds); and for attracting the hearts of those who have been inclined (towards Islam); and to free the captives; and for those in debt; and for Allaah's Cause (i.e. for those fighting in the holy wars), and for the wayfarer (a traveller who is cut off from everything); a duty imposed by Allaah. And Allaah is All-Knower, All-Wise.}[Quran 9:60]. Therefore, it is not permissible to give Zakat for building schools or the administrations of schools, or spend it on Da'wah projects, and the like; for more benefit, please refer to Fataawa 90534 and 81303.

As regards the practices which you mentioned in the question, if the money is paid to the poor while conditioning on him to take a small amount of it and pay the remaining to another person or institution that will spend it on building schools, then this Zakat which is given by the poor is not accepted because it is in reality paid in order to built schools and the like, and it was paid to the poor just as a way of ultimately paying it to schools. However, if there is no agreement between the poor and the giver of Zakat, and the poor donates some of the Zakat which is given to him out of his own will to someone who builds schools and the like, then this is permissible since the poor owned the Zakat and is permitted to dispose of it as he wishes.

Allaah Knows best.

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