Fatwa #305222 May 2001United States of America
Is permissible to pay the fees of a Mustahiq from zakat fund direct to the school and not give the money first in the hands of the Mustahiq and ask him to pay the fees ?
Question
I would be grateful if you could kindly let me know whether it is permissible to pay the fees of a Mustahiq from zakat fund direct to the school and not give the money first in the hands of the Mustahiq and ask him to pay the fees ? The later method becomes a conditional way of giving zakat .Is this method permissible ? I am member of an NGO and we provide lens , glasses and even perform eye operation free for the deserving from zakat fund. Many times we find that some people can pay part of the expenses . C an we make a conditon to these peoples that if they pay X amount we will pay the rest ? Does this becomes a conditon for giving zakat ? Is it permissible ? In the case of glasses we have found that many , if fact most , do not wear the glasses after obtaining it free .We feel that a nominal charge should be made by us so that some appreciation is felt by the recipient who are mustahiq. Is this permissible ? I shall appreciate your reply. May Allah bless you.
Answer
For the Zakaat to be valid it is necessary that the Zakaat be given into the%0D%0Apossession of the recipient of Zakaat, and not directly into the school.%0D%0AHowever, if there is a need to circumvent this procedure, the one worthy of%0D%0Areceiving Zakaat may appoint someone as his representative. This person may%0D%0Athen receive Zakaat on behalf of the actual recipient, and then pay the%0D%0Aschool fees on his behalf. This representative may also be an official of%0D%0Athe school. (ref: Ahsanul Fatawa Vol. 4 pg.260)%0D%0A%0D%0AHowever, a word of caution is that Zakaat funds should not be used for%0D%0Asecular education, as this is not the object of Zakaat. As far as purely%0D%0AIslamic Ilm (knowledge), the Fuqaha have stated that this is one of the%0D%0Anoblest avenues of spending Zakaat. If the door is left open for people to%0D%0Ause Zakaat for all and sundry needs, Zakaat funds will inevitable come under%0D%0Aabuse, thus depriving the true recipients of their due.%0D%0A%0D%0AWe agree with your view that those requiring spectacles should be requested%0D%0Ato pay a portion of the price. This will imbue a sense of appreciation and%0D%0Aresponsibility within them.%0D%0A%0D%0AIf those receiving the spectacles are in fact deserving of Zakaat, then%0D%0Aoutstanding amounts due on their spectacles may be paid from Zakaat funds.%0D%0AThe method of going about this is to request them to sign a form in which%0D%0Athey nominate one of the members of the NGO as their representative. If this%0D%0Aform they must authorise him to receive Zakaat on their behalf, and also%0D%0Aauthorise him to pay any outstanding debts due to the NGO.%0D%0A%0D%0AThis person should then physically receive the Zakaat on behalf of them, and%0D%0Athen pay the outstanding dues.%0D%0A%0D%0AWe trust this answers your questions.%0D%0A%0D%0Aand Allah Ta'ala Knows Best%0D%0A%0D%0AMufti Ebrahim Desai%0D%0AFATWA DEPT.