Fiqh Al Zakah by Dr. Yusuf al Qardawi

According to the majority of scholars, the wayfarer [ibn al Sabil] is the traveler on the way from one locale to another. Literally, the term means "son of the road".

This form of expression ("son of such-and-such") is common in Arabic.1

Al Tabari reports from Mujahid, "The wayfarer has a right to zakah even if rich, as long as he or she is cut off from his or her wealth. Ibn Zaid says, 'The wayfarer is the traveler, rich or poor, who has lost his means of expenditure or depleted them while on the road. Helping this person is obligatory.'"2

The Glorious Qur'an mentions the wayfarer eight times, in the context of encouraging kindness toward him or her. In Makkan suras , God says, "and give the kindred his right, and the needy and the wayfarer, and do not be wasteful."3 Then give the kindred their right, and the needy, and the wayfarer: that is best for those who desire the sake of God."4 In Madinan suras, God designates for the wayfarer a share of wealth spent in the way of God. God says, "They ask thee, what should they spend. Say: What you spend of good wealth, spend it for God, and parents, and kindred, and orphans, and the destitute, and the wayfarer."5 God ordains good doing to the wayfarer in the verse "And worship God, and do not associate anything in partnership with him, and be kind to parents and close relatives, and orphans, and the destitutes, and close neighbors, and far neighbors, and close companions, and the wayfarer, and he whom your right hand possesses."6 God also gives the wayfarer a share of the fifth taken from war booty: "and realize, that which you acquire as booty of anything , one fifth of it is for God, and the Messenger, and close relatives, and orphans, and the needy, and the wayfarer."7 Also God provides a share of the fai' to the wayfarer, saying "that which God gives as fai' from the people of the villages, it is for God, and the Messenger, and close relatives, and orphans, and the destitute and the wayfarer so that it may not circulate between the rich among you."8 Lastly, God gives a share of zakah to the wayfarer in the verse we are studying. Moreover, helping the wayfarer is among the deeds of righteousness in the verse"... And gives funds -- in spite of loving them -- to close relatives, orphans, the destitute, the wayfarer, the beggar, and in liberating slaves, and establishes prayer and gives zakah."9

The reason for the attention given the wayfarer in the Qur'an is that Islam encourages travelling for several reasons.

A. Travelling for work and opportunity. God says, "and, walk in its [earth's] tracks and eat out of His sustenance."10 "And others travel on the earth seeking from the bounties of God and others fight in the way of God."11 The Prophet (p) said, "Travel so that you become rich."12.

B. Travelling to seek knowledge and meditate on the signs of God in the world, and on His animal and human communities. God says, "Say: Walk on the earth and see how He started the creation."13 "Many were the ways of life that have passed away before you. Travel through the earth and see what was the end of those who rejected Truth."14

and "Do they not travel through the land, so that their hearts (and minds) may thus learn wisdom and their ears may thus learn to hear?"15 The Messenger (p) says, "He who takes a path seeking knowledge, God will make easy for him a way to the Garden."16

and "He who goes out in pursuit of knowledge is in the way of God until he returns."17

Early Muslim scholars provide ideal examples in their ardent travelling in pursuit of knowledge, which is recorded with admiration by contemporary scholars.

C. Travel for jihad in the way of God. This includes defending Muslim land, calling to Islam, liberating the oppressed and punishing those who break pledges with Muslims.

God says, "Go ye forth, (whether equiped) lightly or heavily, and strive and struggle with your wealth and your persons in the way of God: that is best for you, if ye but knew"18 and "If there had been immediate gain (in sight) and the journey easy, they would, without doubt , have followed thee but the distance was long (and weighed) on them."19 God promises, "Nor could they spend anything (for the cause) small or great, nor cut across a valley, but their deed is inscribed to their credit, that God may requite their deed with their best possible reward."20 The Prophet (p) says, "A single departure in the morning or a return in the evening in the way of God is better than the world and what is in it."21

D. Travel to perform pilgrimage to the sacred House of God, the fifth pillar of Islam.

God says, "Pilgrimage to the House is a duty people owe to God, those who can afford the journey."22 "And proclaim the pilgrimage among people. They will come to thee on foot and on every kind of camel; lean on account of journey through deep and distant mountain highways, that they may witness the benefit (provided) for them and celebrate the name of God on appointed days."23

These are kinds of travelling and touring in the land that Islam calls for or encourages, in order to realize its objectives on earth and affirm its teachings among people. Admittedly, there are other reasons for travelling, yet a religion that encourages the above listed kinds of travelling must provide care for travellers, especially those who get cut off from families and wealth. Helping travellers reaffirms the solidarity of the Muslim community, regardless of geographic location or place of origin.

This form of social insurance is unique to Islam. In its social program , Islam not only guarantees the provision of residence, but provides security from unforeseen conditions that affect people who are on the road. To get the complete picture of this insurance, one must remember that it came at a time when there were no hotels, restaurants, or rest areas for travellers. Motivated by this idea of taking care of wayfarers, 'Umar bin al Khattab established stations on the road between Makkah and Madinah to help travellers and provide transportation for those who need it between oases. He also established a food storage area for those who need food on the road, and in the city.24

'Umar bin 'Abd al Aziz asked al Zuhri to write him a detailed outline of how to spend zakah, based on his knowledge of the tradition of the Prophet and the Four Successors. Among other things, al Zuhri wrote, "The share of the wayfarer must be divided in proportion to the density of traffic on the road so that roads with high number of people passing through are assigned bigger portions of zakah proceeds. Each traveller who has no means to continue, or go back, must be provided food until he or she achieves the purpose of his or her journey or reaches home. Places of shelter must be established, and trustworthy people assigned to manage them, so that any passing wayfarer can be provided food, shelter, and feed for his animal, until all the zakah funds you assign are depleted."25 Has humanity ever witnessed such a level of caring for needy men and women wherever they may be?

Jurists differ on whether the wayfarer is only the person on the road or also the person who is at home but desires to begin a journey. The majority believes he who wants to start travelling is not a wayfarer, for the following reasons:

1. The term 'ibn al sabil" means the person on the road ad does not include one who is at home.

2. The wayfarer is a person who is cut off from his financial means at home. A person who has not yet started travelling is not cut off from his means. Wayfarers must be helped until they reach home, regardless of their financial status at home, while a person who is home and needs financial help for travelling or other purposes, may be given as a poor person, but not as a wayfarer.26

Al Shafi'i believes that "wayfarers "include persons who want to start a journey but do not have sufficient means, on the grounds that such need help to travel just like the person on the road.27

In my opinion, the view of the majority is sounder. Zakah funds must not be spent on those who desire to initiate a journey. However, al Shafi'i's view may be applicable if the intended travel is for service to the Muslim community, such as travelling to call for Islam or on a scientific mission. Helping such potential travellers may also be included in the category "in the way of God". This is supported by the fact that the wayfarer is listed after, and is added to, the term "in the way of God" in the verse we are studying.

Keeping in mind that the wording of the verse allows payment for the wayfarer to be done to a third party, such as transportation company or airline company since the verse indicates that zakah is spent on the wayfarer and not given to him. Hanbalites believe traveller must be provided with what he or she needs to reach his or her destination, fulfill the objective of the journey, and return home. This applies when travelling is either in obedience to God, such as pilgrimage or visiting parents, or merely permissible, such as business. Hanbalites differ on travelling for the purpose of amusement only.

Some argue that this travelling is not essential or needed, consequently zakah funds should not be spent on it,28 while others take it at face value as travelling, i.e. a wayfarer on a pleasure journey is helped from zakah.

The first condition is that the wayfarer must be in need when on the road, since the purpose of the zakah is to help the wayfarer reach home. If he or she has means of reaching home, no payment can be made, if not, the wayfarer is given regardless of his or her richness at home and without any need to return what is given as zakah.

Secondly, the journey must not be in disobedience to God. This exclusion means that those who journey for sinful purposes or traders whose commodities are forbidden must not be given zakah, except if the traveller's life is at stake. Saving his or her life then becomes a must in Shari'ah.29 The purpose of this condition is obviously to abstain from helping wrongdoers. Travelling which is not disobedience to God is of three kinds:

travelling to do good deeds or worship God, such as pilgrimage, jihad, and seeking knowledge; travelling for lawful earthly reasons, such as on business or in search of a job; and travelling for amusement and tourism. Only giving to wayfarers on amusement journies is disputed among jurists,30 while giving to wayfarers on other travels is unanimously lawful.

Some Malikites and Shafi'ites add a third condition, that the wayfarer must not be able to borrow to satisfy his or her needs.31 This applies only if the wayfarer is rich at home. This condition is not accepted by the other two schools. Ibn al 'Arabi in Ahkam al Qur'an and al Qurtubi in his Tafsir reject this condition, since the wayfarer need not be obliged to anyone if he or she can only be obliged to God, by taking zakah.32 Al Nawawi adds that even if the wayfarer can borrow money, he or she is not required to take loans, and may take zakah.33 Hanafites recommend making loans if possible, but do not obligate it, on the grounds that making a loan exposes the borrower to the possibility of becoming unable to pay the loan back, and he or she need not take that chance.34

A. Wayfarers must be given their sufficiency of food and clothing, until they reach home or a place where they have funds of their own. If the wayfarer has less than what is needed, zakah should be given to supplement the existing funds until they are sufficient.

B. For long journeys, a means of transportation must also be provided. Long journeys are those in which prayer is reduced, i.e. approximately eighty kilometers [fifty miles]. Rides may be purchased or rented for the wayfarer, depending on the need and the availability of zakah funds.

C. All needed expenses are to be given, and not only expenses caused by travelling.

D. Payment is made to the wayfarer regardless of ability to work and earn.

E. Aid is provided to the wayfarer until his or her destination is reached, if he or she is to stay there or has accessible funds there. If the wayfarer intends to finish some business and return home quickly, he or she must be given what is needed until reaching home.

F. As for the expenses at the place of destination, Shafi'ites decide they must be paid if the stay there is less than four days the same number of days as in the case of reducing prayer because of travelling. This restriction does not apply to fighters in the way of God, who are given for the whole period they stay at frontier posts, no matter how long it may be. Some scholars believe wayfarers must be given funds for the whole period they stay in the place of destination regardless of the length of the period.35

G. If the wayfarer returns home with leftover zakah money, this residual must be returned to the zakah fund, according to Shafi'ites.36 Hanafites argue that wayfarers are not obligated to give back zakah left over from the trip.37

Some contemporary scholars assert that today there are no more wayfarers in the original sense of the word, because of the transportation, accommodation, and banking facilities that make one's travelling easy and one's wealth accessible anywhere in the world. This is argued by the late Ahmad Mustafa al Maraghi in his explanation of the Qur'an.38 I beg to differ with him, since there are as many wayfarers today as there were in the past:

1. Some people may be rich, but do not do business with banks, so that when they are away from their towns they are actually detached from their wealth. They may be crossing some desert far from urban centers.

2. There are refugees who are driven out of their homes and lands by aggressors or who flee from dictatorial governments. They may live for an undetermined period of time outside their countries, unable to reach their wealth which is often confiscated by the government. Like those are political refugees who seek asylum in countries other than their own.

3. Some Hanafite jurists consider individuals who, although they live in their own towns, have no access to their wealth, either because of political reasons or because of economic reasons such as businessmen whose wealth is in the form of unremittable loans to others.39 These jurists assert that such individuals must be treated as wayfarers and given zakah.40

4. There are those who intend to initiate journeys for public service or for individual affairs that are beneficial to the public, such as students receiving training abroad.

5. Some Hanbalites include under the definition of wayfarers tramps or street beggars who have no homes.41 Such persons are literally ibn al sabil, or children of the street. They may be given from the share of the wayfarers if not from the share of the poor.

6. And lastly, foundling infants may be included in this category, according to Rashid Rida, who says the term ibn al sabil perfectly describes foundlings since they are in fact children of the street. Islam takes good care of orphans, and foundlings are even more in need of care than orphans with known relatives.42