Fiqh-us-Sunnah Volume 3, Zakaat and Fasting, Fiqh 3.073B.

Section : Banu Hashim.

This includes the families of ‘Ali, Ja’far, al’Abbas, and al-Harith. Ibn Qudamah says there are no two opinions on the ineligibility of Banu Hashim to receive zakah. The Prophet, upon whom be peace, declared: “Indeed, sadaqah ought not to be given to the family of Muhammad…” Muslim related it. Abu Hurairah reported that when al-Hasan took one date from the sadaqah dates, the Prophet, upon whom be peace, said to him: “Nay, spit it out! Don’t you know that we cannot eat from charity?” Scholars agree on the authenticity of this hadith. As to the eligibility of Banu al-Muttalib for zakah, the scholars differ.

Ash-Shaf’i holds that like Banu Hashim they are disallowed to take zakah. Ash-Shaf’i, Ahmad, and al-Bukhari relate from Jubair ibn Mut’im who said: “At the battle of Khaibar, the Prophet, upon whom be peace, set aside the share of the relatives of the families of Banu Hashim and Banu al-Muttalib and left out the shares of Banu Nawfal and Banu ‘Abd Shams. I and ‘Uthman ibn ‘Affan came to the Messenger of Allah, upon whom be peace, and said to him: ‘O Messenger of Allah! Do not deny Banu Hashim the grace of their position because Allah placed you among them. How about our brothers Banu al-Muttalib? You gave them and left us out? Isn’t our relationship one and the same?’ The Prophet, upon whom be peace, answered: ‘I and Banu al-Muttalib are not to be separated either during jahiliyyah or Islam. We and they are one.’ Then he joined his fingers [in demonstrating the close relationship].” Reason dictates that one should not differentiate between them (the two families) in any matter of law because they are one according to the saying of the Prophet. It is evident that they are the family of Muhammad, and therefore, sadaqat are forbidden to them. Abu Hanifah holds that the family of Banu al-Muttalib may take from zakah. Both these reports are related by Ahmad. Just as the Messenger of Allah, upon whom be peace, made charity unlawful for the family of Banu Hashim, he also made it unlawful for their protégés (mawla). Abu Rafi’, a protégé of the Prophet, said that the latter appointed a man from the family of Banu Makhzum to collect sadaqat. This man said to Abu Rafi’: “Accompany me so that you may get some of it.” He said: “No, until I meet the Messenger of Allah, upon whom be peace, and ask him.” He left and asked him. The Prophet answered: “Sadaqah is not lawful for us–and the protégés of a certain tribe are like [the members of the tribe] themselves.” Ahmad, Abu Dawud, and at-Tirmizhi related it. The latter grades it good (hassan) and sound (sahih).

Whether non-obligatory charity (tatawwu’) is lawful for the family of the Prophet or not, scholars differ. Ash-Shaukani, having summarized the views on the issue, says: “The apparent meaning of the Prophet’s hadith, ‘Sadaqah is unlawful for us,’ is the unlawfulness of the obligatory as well as non-obligatory sadaqat.” A group of scholars, including al-Khattabi, says that its prohibition for the Prophet, upon whom be peace, carries consensus. Based on ashShaf’i’s report, many others have ruled that the prohibition of zakah to the Prophet does not include the non-obligatory charity. A report from Ahmad equally says so but Ibn Qudamah rejects all these reports for lack of clear evidence.

As for the family of the Prophet, upon whom be peace, the vast majority of the Hanafiyyah, the Shaf’iyyah, the Hanbaliyyah, and the majority of the Zaidiyyah hold that non-obligatory sadaqah is permissible for them but not the obligatory one, since to them the latter is nothing but filth that comes out from people’s holdings. This is understood to mean that the (prescribed) zakah and not the non-obligatory sadaqat, are forbidden to them. It is said in alBahr that non-obligatory sadaqah is restricted by being confined to a donation, gift, or endowment. Abu Yusuf and Abu al-‘Abbas maintain that it is unlawful for them, as is the prescribed charity, because there is no evidence of the contrary.

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