#815: Ruling on taking Administrative Expenses from Wealth gathered for Zakāt
815. QUESTION
“As Salam alaykum Ustadh, trust you’re well in sha Allah. Can one take administrative expenses out of a trust fund meant for Zakat? This admin fees are meant towards execution of the Zakatul maal. Jazakallah khayr”
ANSWER:
Wa Alaykum Salām Warahmatullāh Wabarakātuh.
Alhamdulillāh, may Allāh illumine your heart and soul and make us all of His Pious Servants amīn.
Know my brother that the wealth of Zakāt has been decided upon by Allāh Ta’ālā and it is not permissible for anyone to make adjustments to it. This is where Allāh said:
إِنَّمَا الصَّدَقَاتُ لِلْفُقَرَاءِ وَالْمَسَاكِينِ وَالْعَامِلِينَ عَلَيْهَا وَالْمُؤَلَّفَةِ قُلُوبُهُمْ وَفِي الرِّقَابِ وَالْغَارِمِينَ وَفِي سَبِيلِ اللَّهِ وَابْنِ السَّبِيلِ فَرِيضَةً مِنَ اللَّهِ وَاللَّهُ عَلِيمٌ حَكِيمٌ
“Indeed the Sadaqāt are to be given to the Poor, the Needy, those who are authorized to gather and Administer it, those whose hearts are to be reconciled, in the path of freeing the slaves, to settle the debts of the engrossed in debt, on the Path of Allāh, and for the traveller. This is an obligation and an apportionment from Allāh and Allāh is All-Knowing and All-Wise”
The Ulamā are at a consensus that this verse refers to the Sadaqah that is Wājib and that is Zakāt and that it is not permissible to give it to other than the eight that is mentioned in the verse.
Then, it is not Permissible to interprete any of the eight categories mentioned in the above to mean other than the way it was interpreted by the Rasūl -salallāhu alayhi wasallam – and understood by the Sahābah – ridwānullāh ‘alayhim.
An example of a misinterpretation seen in this Day of Ours is an interpretation of Fīsabilillāh (On the Path of Allāh) as Building of Masājid or toilets by mosques and it’s likes. This is completely wrong. This is because as Ibn Hajar Al-Asqalānī Rahimahullāh mentioned in Fat’hu Al-Bārī, the default usage of the word Fīsabilillah is Military Jihād without the mincing of words. Except that we know that Allāh used the term with Jihād before the Hijrah and the legislation of Jihād to mean the Cause of Islām. The Fuqahā explained this to mean anything that takes the Cause of the Rasūl -salallāhu alayhi wasallam – foward which is the advancement of the establishment of Islām as a state. This is because the Jihād itself was legalised to establish Islām as a State. An elucidation of this is beyond the scope of this response. We only aimed at hinting at this gross mistake and we did. Because through this misinterpretation so many people have directed Zakāt funds for the building of Masjids and Muslim toilets which is very wrong.
Likewise, it is not Permissible to interpret Al-‘Āmilīna ‘Alayhā (those who are authorized to gather and administer it) as those who were appointed by the Person giving the Zakāt to deliver it on their behalf. This is wrong. Same applies to the ones who are administering the Zakāt as a Trust Fund or an NGO. It is not Permissible for them to take the Zakāt for themselves and claim that Allāh has apportioned for them in the Zakāt by virtue of this category of beneficiaries.
This is because in the case of these persons, they are representatives ( Wukalā) of the owner of the wealth. And the Ulamā have agreed that the Wakīl does whatever he does on behalf of the one he is representing .
As for the Category mentioned in the verse, they are those authorized by the Rasūl -salallāhu alayhi wasallam – or by whosoever holds State Authority in his stead such as the Walī to take Zakāt and administer it on his behalf.
Simply put, whereas the Organizations that administer Zakāt represent the Givers themselves, the Ones Authorized to gather and administer that were mentioned in the verse represent the Leader of the Muslims, not the Givers themselves. The authority to administer therefore differs. This has been explained by the Ulamā in detail.
The only situation as we have mentioned earlier where any of them may benefit from it is where they qualify to be of any other category among the remaining seven such as Poverty, and Allāh knows best.
It is not also permissible to take of the Zakāt funds for the purpose of Administrative Expenses. This is unfounded entirely. This is because such expenses were not among the valid categories that were mentioned in the verse.
It therefore follows that any organization that rises to meet this challenge of delivering Zakāt on behalf of Muslims in this era of ours must realise that it is doing a work for the sake of Allāh and must be very careful and fearful of the punishment of Allāh as regards transgressing his limits.
The Rasūl -salallāhu alayhi wasallam – has said in the Hadīth of Ka’ab bn ‘Iyyādh – radiyallāhu ‘anhu :
إِنَّ لِكُلِّ أُمَّةٍ فِتْنَةً وَفِتْنَةُ أُمَّتِي المَالُ
‘Indeed every Ummah has it’s own Fitnah and the Fitnah of my Ummah is Money”
This was recorded by Imām At-Tirmidhī with a Good Isnād.
And He – salallāhu Alayhi Wasallam – told Abū Dharr in the Hadīth recorded by Imām Muslim from Abū Dharr:
يَا أَبَا ذَرٍّ، إِنِّي أَرَاكَ ضَعِيفًا، وَإِنِّي أُحِبُّ لَكَ مَا أُحِبُّ لِنَفْسِي، لَا تَأَمَّرَنَّ عَلَى اثْنَيْنِ، وَلَا تَوَلَّيَنَّ مَالَ يَتِيمٍ
“O Abū Dharr! I indeed see you as a weak person and I love for you that which I love for myself. Do not assume leadership over any two persons, and do not assume authority over administering the wealth of an Orphan.”
And whosoever knows the discipline of Abū Dharr as is narrated on the Biographies of the Luminaries will know that this Hadīth calls for caution when it comes to administering the wealth of people and taking leadership over them.
Let such organizations seek for voluntary Sadaqāt from willing Muslim donors for purposes of this kind if they cannot run it without an earning and carrying out the administrative works from their own expenses. This is safer for their Īmān, their Dīn, their Standing before Allāh on the Day of Qiyāmah and their Honour in this Life.
And whosoever cannot be disciplined from that, let him abstain from such Trust Funds or organizations so that he did not risk his life of the Next World in a bid to earn rewards.
Before we leave this point, we must recognise the excellent work that is being done by Muslim organizations that gather Charity to deliver and extend to the Needy Muslims. May Allah bless them all and magnify their rewards. This does not go to discourage their work, it goes to encourage them and to remind them to fear Allāh in their doings.
We ask Allāh for Guidance and Tawfīq amīn.
Bārakallāhu Fīkum
Jazakumullāhu Khayran.
13th Shawwal, 1440AH.
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