1944.If a person possessed enough prperty that meets his year’s expenses, and spent some of it, then doubted as to whether the remaining amount is sufficient to meet his year’s expenses or not, he may not partake of zakÁt.
1945. Anartisan, an owner, or a businessman whose income is less than his year’s expenses, may take zakÁt to meet his shortfall, and it is not necessary for him to sell his tools or property, or utilize his capital to meet his expenses.
1946. If a poor person who does not have enough to pay for the year’s expenses for himself and his dependants, owns a house in which he lives, or owns a means of transportation, he may still partake of zakÁt if he is unable to lead his life without them, or is unable to upholding his dignity without them. The same applies to household furniture, dishes, summer and winter clothing, and other items which are necessary. Hence, if a poor person who does not possess these items develops a need for them, he may use zakÁt to buy them.
1947. If it is not difficult for a poor person to learn a trade, he must learn it, and should not live his life off zakÁt. However, he may partake of zakÁtfor as long as he is engaged in learning the trade.
1948. If a person who was previously poor, states that he is (currently) poor, and one doubts whether he is still afflicted with poverty or not, he may still give zakÁtto him even if he does not attain satisfaction in his statement. As for a person for whom it is not known whether he was poor or not, and he states that he is poor, obligatory precaution dictates that one cannot give zakÁtto him unless he attains certainty or satisfaction in his statement.
1949. If a person claims to be poor, but was not previously poor, one may not give zakÁtto him if he does not attain satisfaction in his claim.
1950. If a person who must pay zakÁtis owed by a poor person, he may count the amount that he is owed towards his zakÁt. However, if he knows that the money that he is owed was spent in a sinful manner, he may not count it towards the zakÁtthat is given to repay adebt.
1951.If a poor person dies and his estate is insufficient for paying off his debts, one may count the amount that he is owed by the poor person towards his zakÁt. However, if he knows that the money that he is owed was spent in a sinful manner, he may not count it towards the zakÁtthat is given to repay a debt.
If the estate of a deceased person is equivalent to his debts, but the inheritors fail to pay off his debt, or one is unable to reclaim the debt for any other reason, based on obligatory precaution he should not count the amount that he is owed towards his zakÁt.
1952.If one gives an item to a poor person with the intention of zakÁt, he does not have to disclose to him that it is zakÁt. In fact, if the poor person is embarrassed by it, it is recommended that he give it to him—with the intention of zakÁt—without disclosing it.
1953.If a person gives zakÁtto an individual thinking that he is poor, but later realizes that he was not poor, or owing to his ignorance of the ruling gives it to a person whom he knows is not poor, then given that the property continues to exist, he must retake it and give it to a deserving person. If he is unable to retake it, he should replace the zakÁtfrom his own wealth. If it has ceased to exist, then if the recipient knew that it was being given as zakÁt, a person may claim its replacement from the recipient and give it to a deserving person. However, if the recipient did not know it was zakÁt, the giver cannot take anything from him. He will have to replace it from his own wealth and give it to a deserving person.
1954. If a person is indebted and is unable to repay his debt, he may partake of zakÁtto pay off his debt, even if he possess enough income that meets his year’s expenses, with the condition that the asset that he loaned was not spent in a sinful manner.
1955.If a person gives zakÁtto a person who is indebted and unable to pay off his debt, but later realizes that the loan was spent in a sinful manner, then if the debtor is a poor person, the giver may count thezakÁtthat he paid as one that is given to the poor.
1956.A person may count the asset that he is owed by a person towards his zakÁt, if the debtor is unable to pay off his debt, regardless of whether the debtor is poor or not. However, if he is not poor, then in the event that he knows that the loaned asset was utilized in a sinful manner, the creditor may not count ittowards his own ZakÁt.
1957. If a traveler runs out of his funds, or his means of transportation gets damaged, he may partake of zakÁtgiven that his journey was not a sinful one, and he is unable to reach his destination by getting a loan or selling the items that he has, even though he may not be a poor person in his hometown. However, if he is able to procure the funds for his journey at another location by getting a loan or selling something that he has, then he may only partake of zakÁtto the extent that is required to reach that location.
1958. If a traveler who is stranded in his journey, partakes of zakÁt, and after reaching his destination realizes that an amount of the zakÁthas remained, then in the event that he is not able to return it to the giver, or returning it entails a lot of hardship, he must give it to the ÎÁkim al-sharÞÐyy and inform him that it is a part of zakÁt.
Qualifications of Those Who Deserve ZakÁt
1959. The person receiving zakÁthas to be a twelver Shi’a. Therefore, if a person considers an individual to be a twelver Shi’a and gives his zakÁtto him, and later finds out that he wasn’t so, he will have to give the zakÁtagain.
1960. If a child or an insane person who is a tweler Shi’a happens to be poor, a person may give zakÁtto his guardian with the intention that what he gives be the property of the child or the insane person. The guardian also should accept it with the same intention.
1961.If a person is unable to contact the guardian of the child or insane person, he may himself or through a trustworthy individual utilize the zakÁtfor the (benefit of the) child or the insane person. He must make the intention of giving zakÁtat the moment that he is utilizing it for their benefit. In the event that he is able to contact their guardian, obligatory precaution dictates that he should utilize it for their benefit through the guardian himself or with his permission.
1962. One may give zakÁtto a poor person who begs. However, one may not give it to a person who spends it in a sinful manner.
1963. Obligatory precaution dictates that one cannot give zakÁtto a person who commits major sins publicly, does not offer his prayers, or consumes intoxicants.
1964. If a person is in debt and unable to repay it, the other may pay his debt with funds from zakÁt, even if paying the debtor’s expenses is obligatory on the giver.
1965. A person cannot pay for the expenses of those whose expenses are obligatory on him, such as his children, from zakÁt. However, if he fails to pay for their expenses, others may give their ZakÁt to them.
1966. There is no problem in a person giving his zakÁtto his son to pay for the expenses of his (son’s) wifeor servant.
1967. If a son requires religious texts or other academic texts, his father may buy them using funds from zakÁtand put them in his access. However, if he wishes to buy it from the share that is meant to be spent in the way of Allah (7th group under the ruling #1942), obligatory precaution dictates that a form of benefit to the general public should be associated to it.
1968. A father may give zakÁtto his son who needs to get married for the purpose of getting married, and so can a son to his father.
1969.One cannot give zakÁtto a woman whose husband pays for her expenses, or a woman whose husband does not pay for her expenses but can be compelled to do so.
1970. If a woman who is involved in a temporary marriage happens to be poor, her husband and other individuals may give their zakÁtto her. However, if her husband stipulates within the marriage contract that he will provide for her expenses, or paying for her expenses becomes obligatory on him for any other reason, one cannot give zakÁtto that woman as long as he provides for her expenses.
1971. A woman may give zakÁtto her husband who is poor, even if the husband spends the zakÁtto pay for the wife’s expenses.
1972. A sayyid may not take zakÁtfrom a non-sayyid. However, if the funds that he procures from khums or other religious dues do not suffice for his expenses, and is compelled to take zakÁtfrom a non-sayyid, he may take an amount that is sufficient to meet his daily expenses.
1973.ZakÁt can be given to a person about whom it is not known whether he is a sayyid or not.
