Praise be to Allaah.
There are eight categories of people who are
entitled to zakaah, whom Allaah mentions in the verse in which He says
(interpretation of the meaning):
“As-Sadaqaat (here it means Zakaah) are
only for the Fuqaraa’ (poor), and Al‑Masaakeen (the poor) and those employed
to collect (the funds); and to attract 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 Mujaahidoon — those fighting in a holy
battle), and for the wayfarer (a traveller who is cut off from everything);
a duty imposed by Allaah. And Allaah is All-Knower, All-Wise”
[al-Tawbah 9:60]
These categories have been explained in the
answer to question no. 46209.
The majority of scholars are of the view
that the poor or needy person is to be given that which will suffice him and
those on whom he spends for a year. They set the time as one year because
zakaah is paid every year.
It says in al-Mawsoo’ah al-Fiqhiyyah
(23/317):
The amount of zakaah that should be given to
the poor or needy person:
The majority (the Maalikis, and it is one
view of the Shaafa’is and is the view of the Hanbalis) were of the view that
the person who is in need and is entitled to zakaah due to poverty or want
should be given zakaah that is sufficient for him and for those on whom he
spends for an entire year. And he should not be given more than that. They
specified one year because zakaah is usually given every year, and because
the Prophet (peace and blessings of Allaah be upon him) stored food for
his family for one year. End quote.
Based on this opinion, it is not permissible
to give the poor or needy person zakaah funds with which to buy or build a
house, because this is more than what will suffice him for one year. Rather
he should be given money to pay the rent of a house for a year.
Imam al-Shaafa’i was of the opinion (which
is also mentioned in one report from Ahmad and was the view favoured by
Shaykh al-Islam Ibn Taymiyah) that the poor or needy person should be given
enough zakaah funds to make him independent of means, and they did not limit
that to what will suffice him for one year.
It says in al-Mawsoo’ah al-Fiqhiyyah
(23/317):
The Shaafa’is, according to one report, and
the Hanbalis according to one report that was narrated, are of the view that
the poor and needy may be given that will save them from want and make them
independent of means, which is what will suffice them on a permanent basis,
because of the marfoo’ hadeeth of Qubaysah which says: “Asking of people is
not permissible except for three: a man who is stricken by a calamity which
destroys all his wealth, so it is permissible for him to ask of people until
he gets enough to get by on.” They said: If he had a skill or trade, he
should be given something with which to buy the tools of his trade,
regardless of whether they are expensive or not so that he can earn enough
money to almost suffice him. If he was a trader he should be given in a
similar fashion. And if he was a farmer, a farm should be bought for him
and its produce may be enough for him on a continual basis. End quote.
Shaykh al-Islam Ibn Taymiyah said, in
al-Ikhtiyaaraat (p. 105):
The poor man may take of zakaah that which
makes him independent of means, even if it is a lot. This is one of the two
views in the madhhabs of Ahmad and al-Shaafa’i. End quote.
Al-Mardaawi (may Allaah have mercy on him)
said in al-Insaaf (7/255):
The correct view is that both the poor and
needy may take that which will suffice them for a year. It was narrated from
him [Imam Ahmad] that he may take that which is sufficient for him to engage
in trade or the tools of his trade and so on.
Others, including Shaykh Taqiy al-Deen (Ibn
Taymiyah) favoured the view that it is permissible for the one who is
entitled to zakaah to take one lump sum of zakaah which will make him
independent of means, even if it is a large amount. End quote.
Imam al-Shaafa’i (may Allaah have mercy on
him) said (8/256):
There is no defined amount of what may be
given to the poor person, except that it should be that which will take him
out of poverty and make him independent of means, whether that is a little
or a lot. End quote.
Zakariya al-Ansaari quoted in Asna
al-Mataalib (1/100) from al-Qaadi Ibn al-Tayyib a comment on the words
of Imam al-Shaafa’i; he said:
What he means is that independence of means
should be permanent. Each of them should be given that which will give him
capital and extra for living expenses. If a person is a scholar who does not
know how to do business well, land should be bought for him, the produce of
which will suffice him on a permanent basis, and if he has a skill, then the
tools of his trade should be bought for him. End quote.
Shaykh Ibn ‘Uthaymeen (may Allaah have mercy
on him) said in al-Sharh al-Mumti’ (6/221):
The poor man should be given that which will
suffice him until the end of the year, because zakaah is repaid every year.
If it is said that he should be given it until he becomes independent of
means and is no longer described as poor, that is a valid point. The same
may also be said of the needy. End quote.
Based on this view, we may give him enough
to buy a house in which he and his family will live or we may give him the
cost of the tools of his trade, if he has a skill, or we may give him enough
to buy property that he can rent out, and the rent will suffice him, if he
does not have a skill or does not know how to engage in trade. So there is
nothing wrong with giving him money to buy a house to live in.
Shaykh Ibn ‘Uthaymeen (may Allaah have mercy
on him) favoured the first view, which is that it is not permissible to give
a poor person zakaah with which to buy a house, rather a house may be rented
for him with zakaah funds.
He (may Allaah have mercy on him) was asked
about a poor man whose friends wanted to collect zakaah for him to buy a
house, and in fact they collected zakaah for him and bought a house for him,
knowing that the people who paid zakaah were not thinking of buying a house
or anything else, rather their intention was to pay zakaah.
He replied:
I do not think that it is permissible to
give zakaah to buy a house for a poor person, because buying a house takes a
lot of money. If the aim is to meet the needs of the poor person, then a
house may be rented for him with zakaah funds. I will give an example of
that: a house may be rented for a poor man for ten years at a cost of ten
thousand riyals, but if we buy a house for him we will not find anything for
less than one hundred thousand or two hundred thousand. So it is not
permissible to give him this money and deprive other poor people. We say: It
should be rented for the poor person, and if he is still poor when the
rental period ends, then we should rent it for him again. As for buying a
house for him with zakaah funds, I do not think it is permissible.
Yes, if one of the scholars has issued a
fatwa saying that this is permissible, then this issue is one that is
subject to itrihaad. End quote from Fataawa Noor ‘ala al-Darb.
http://www.ibnothaimeen.com/all/noor/article_2647.shtml
And Allaah knows best.