The poor and the needy are the first two categories of zakah deservants mentioned in sura al Tawbah, which illustrates that the first target of zakah is to eliminate poverty and destitution from society. This purpose of zakah, being the most important, is mentioned alone in some sayings, such as the saying narrated by Mu'adh, when the Prophet sent him to Yemen: "Inform them that God has prescribed on them a sadaqah, taken from the rich among them and rendered to the poor among them."

Abu Yusuf, the disciple of Abu Hanifah, and Ibn al Qasim, the disciple of Malik, believe the poor and the needy are one category.1 The majority of scholars disagree. In fact, the poor and the needy are two subsets of one category. Jurists and commentators on the Qur'an differ as to the specific meaning of "the poor" and "the needy", especially when the two words are mentioned together. Many scholars argue that these two words are inter-related, so that if one of them is mentioned, it includes both, but when they are mentioned together in one statement, they carry slightly different meanings. In the verse "The sadaqat are only for . . . ." the two words appear together.

Al Tabari selects the view that the word "poor" means the person who is in need, but is also modest enough not to beg,2 while the needy is the person who is in need but humbles himself in begging. He argues that the word "need" has this connotation, as in the verse, "They were in humiliation and misery [need]."3 The correct saying, "A needy person is not one who is satisfied with one or two dates but . . . the person who is modest," is not a linguistic explanation of the word "needy" but rather an assertion by the Prophet of the value of modesty. This is like his style in the saying, "The strong is not one who conquers others in wrestling, but one who controls himself when he is angered."4 Commenting on the saying about the needy, al Khattabi rightly argues that "the needy is a person who goes around begging, since the Prophet brought the attention of his audience to the fact that beggars' needs may be satisfied by what he or she receives, while a person who is in need but does not beg may be forgotten, so his or her need passes unsatisfied."5

Jurists also do not agree as to whose state is worse, the poor or the needy. Shafi'ites and Hanbalities believe the status of the poor is worse, while Malikites and Hanafites believe the needy is in more dire circumstances. Both provide semantic arguments in support of their views. All of them, however, determine that differences in the meaning of "poor" and "needy" are not solvable and irrelevant to the analysis of zakah.

Hanafites define the poor as a person who has properties and/or income not sufficient to satisfy his or her essential needs. His or her property is either below nisab or used up for basic needs like shelter and clothing. The needy is a person who owns nothing. Accordingly, a deservant of zakah in this category, whether poor or needy, may be:

1. A deprived individual who owns nothing.

2. A person who owns shelter, furniture, clothing, but not in sufficient quantity to satisfy basic needs.

3. A persons who owns less than nisab of money.

4. A person who owns less than nisab of other than money, such as camels, provided the value of his or her property is less than two hundred dirhams.7

According to the other three major schools of jurisprudence, the poor and the needy are not defined with regard to nisab, but to satisfaction of essential needs. A poor person is one whose wealth and income are far from satisfying his or her essential needs, while a needy person is one whose wealth and income fall not much short of the satisfaction of essential needs. According to this criteria, a person who deserves zakah as a poor or needy may be:

1. A person who has no property or income at all.

2. A person whose wealth and income satisfy a little bit of his/her essential needs.

3. A person whose wealth and income satisfy more than half of essential needs but still fall short of fulfillment of those needs.

As for satisfaction of needs, Malikites and Hanbalites consider a one year period for such satisfaction, while Shafi'ites look to the expected life of the person. Shams al Din al Ramli argues that by taking the rest of the expected life of the poor or needy person, one may not expand the category of zakah deservants to include the rich, because a person who owns some property that yields a return sufficient to satisfy essential needs cannot be categorized as poor or needy.8 A poor or needy person may own an adequate residence in which he or she lives,9 yet his or her income may not be sufficient for the satisfaction of essential needs; the same may be said of adequate clothing, women's jewelry, books, and tools for craftsmen. Moreover, property not under the control of the owner which the owner cannot use to reduce the level of poverty is not counted, such as property in another country, or under legal obstacles that prevent the owner from using the property.10

It may be necessary to look at the definition of richness as given by jurists, since by such contrast one may determine exactly the boundary of the poor and needy category.

Zakah must not be given to the rich. The Prophet said ". . . to be taken from the rich and rendered to the poor," and "The sadaqah is not lawful to the rich."11 Giving the rich zakah means some poor person is not being given zakah, and this violates the objective of zakah, as stated by Ibn Qudamah.12 By knowing who the rich are, we can as define by way of elimination the poor and needy.

Here again jurists do not have one unanimous decision. According to Suffian Al Thory and Ibn al Mubarak, and Ishaq Ibn Rahawah,13 richness that excludes a person from a zakah recipient14 is fifty dirhams, one-fourth the nisab of money. Ibn Mas'ud narrates, "The Messenger of God (p) said 'A person who asks while he has what makes him rich, whatever he gets appears on the Day of Judgement as cuts on his face.' The Prophet was asked, 'What is richness?' He answered, 'Fifty dirhams or its equivalent in gold.'" Ahmad is reported to share this definition only if the property is in money terms, but critics of hadith grade this saying from Ibn Mas'ud weak.15

Even if it were correct, the saying does not determine the eligibility for receiving zakah; all it indicates is the prohibition of begging or asking for charity, if a person owns fifty dirhams. Some scholars argue that fifty dirhams were substantial enough for the satisfaction of essential needs at the time of the Prophet and others interpret the sayings as addressed to specific individuals for whom fifty dirhams were sufficient.

Supporting the first interpretation, al Khattabi says "There is nothing in the saying to indicate that a person who owns fifty dirhams is not eligible for zakah. The saying showed it is hateful to beg for alms, since begging may only be allowed at times of urgency and this does not apply to one who has fifty dirhams."17

Hanafites describe the rich person as one who owns nisab of any zakatable item, be it camels, money, or any other commodity, or one who owns non-zakatable items in excess of essential needs by the amount of two hundred dirhams. Their argument is based on a point that a person who owns nisab is zakatable, and a zakatable person is considered rich because zakah is taken from the rich. Anyone who owns nisab cannot be described as poor. They also present a saying, "He who begs while having what makes him rich is asking people in excess." The Prophet was asked, "What makes him rich?" and replied, "Two hundred dirhams." This saying, however, is weak. Additionally, it does not concern eligibility for zakah, but the prevention of begging.

A person who chooses to be idle and to live at the expense of society through charity and financial help despite being strong enough and capable of working and earning, is not eligible for zakah according to Shafi'ite and Hanbalite scholars, who say zakah must not be expended under the title of poor and needy to a rich person or a person capable of working at a job whose income is adequate to for personal and family need.25 In my opinion, this view is supported by the texts and principles of Shari'ah, to the extent that some Hanafites, who permit giving zakah to the poor person capable to earning, say it is not good for such a person to take zakah; i.e. if paying him is permissible, it is not lawful on his part to receive zakah. The majority of Hanafites maintain that receiving zakah is not prohibited here, but undesirable.26 Some Malikites support the Shafi'ites and Hanbalites in their view.27

In principle, Islam obligates working on each capable man. The state is supposed to provide jobs and economic opportunities for people to work and earn their sufficiency.

The Prophet says, "No person could eat food better than that earned by his own hands work"28. It is not permitted for a person who finds a job within his ability that would give him sufficient income to refuse it and live on charity or begging. In one of his sayings, the Messenger of Islam (p) frankly states, "The sadaqah is not lawful to a rich person or a capable and not handicapped person."29 Al Tabari reports from Zuhayr al 'Amiri that he met 'Abd Allah bin 'Amr bin al 'As and asked him to whom zakah belongs. 'Abd Allah replied, "It is for the lame, blind, and every handicapped or disabled person." Zuhayr asked, "Is there not a right to administrators of zakah and fighters for the sake of God?" 'Abd Allah said, "Fighters and administrators are permitted by God in as much as their work deserves," and continued, "The sadaqah is not lawful to the rich or the strong person who is not handicapped."30 This last sentence of 'Abd Allah is reported as attributed to the Prophet by 'Abd Allah himself and several other Companions.31

Physical power and ability alone is not sufficient, because what matters is earning sufficient income. Al Nawawi says, "If a capable person cannot find employment, zakah is lawful for him, because he is unable to earn."32

One of the admirable rulings recorded by Muslim jurists is that persons who are able to earn but spend all their time worshiping, praying, fasting, etc., without having an income or resources of their own, are not eligible to receive zakah, because the reward of worship is confined to the worshiper,36 and because he or she is ordained in the Qur'an to work and walk through the tracts of the earth in search of sustenance. Islam does not recognize asceticism or monasticism. Working to earn sufficiency in sustenance is a high-ranking form of worship, provided it is performed with a good intention and commitment to the boundaries of God.

Devoting one's time fully to acquiring a useful branch of knowledge does not remove a person from eligibility for zakah. Such a person may be given zakah in order to help him or her achieve that purpose, including the cost of necessary books, regardless of whether the branch of knowledge sought is earthly or religious. Seeking knowledge is a social obligation that some-members of the society must undertake. The benefit of this knowledge extends to the whole society, and zakah is due to two kinds of persons--those in need of relief and those needed by the Muslim society.

Some jurists add the condition that a student, if able to earn, must be outstanding in order to be eligible for zakah.37 They have a point. This is usually practiced by governments today when they offer scholarships.

It must be underlined that the people who deserve zakah most are not beggars, especially since many of them take begging as a profession, but rather those whose modesty prevents them from asking for help. The Prophet (p) emphasizes that "A needy person is one who is modest.. Read if you like they beg not importunately from all and sundry.38 The verse describes the poor migrants in Madinah who were serving the faith and did not have sufficient resources to satisfy their essential needs, but did not ask people or beg for help, out of modesty.39 Such people deserve the help of zakah more, as the Messenger of God guides us. In another version of the same saying, the Prophet says "The needy person is not one who goes around begging people, who can be satisfied by a bite or two or a date or two. The [true] needy person is one who finds not sufficiency but is not remembered by others, so that they give him, nor does he stand begging people."40 This brings our attention to many individuals and families who have financial difficulties but rarely let them be known by others. Al Hasan al Basri was asked whether a person who owns a house and servant can take zakah. His answer was a affirmative, if the person is in need.41 Muhammad bin al Hasan gives a similar answer when asked about a person who owns land and buildings whose income does not fulfill all his needs, as reported by Ibn Abidin.42

Moreover, the opinion of Ahmad about similar cases was mentioned earlier.43

Similar things are reported from Shafi'ites and Malikites.45 Zakah does not aim only to improve the state of the totally deprived and financially broken, but also of those who do not find full satisfaction of their essential needs.

The different views of jurists on this issue can be grouped into two major trends. The first is to give as much as is sufficient to satisfy the essential needs commonly known in society, without determining any specific amount, and the second is to give a specific amount in whose determination jurists differ.

The first trend seems to be more consistent with the texts and objectives of zakah.

Two major opinions can be pointed out in this trend, namely, to give what satisfies essential needs for the lifetime, or only for one year.

This opinion aims at giving the poor what is sufficient to remove them from the poverty level forever, in such a way that they would not need zakah in the future. In al Majmu', al Nawawi says:

Our Iraqi colleagues, along with many from Khurasan [northeast of what is today Iran] believe that the poor and the needy must be given in such a way that they are permanently removed from poverty into sufficiency. This is the very opinion of al Shafi'i. They provide as supportive evidence the saying from Qubaysah bin al Mukhariq al Hilali that the Messenger of God said "Begging [or asking] is not permissible, except for one of three cases, It is lawful for a person who carries a financial charge [in reconciliation of] disputing people, to ask until he obtains sufficiency of sustenance; a person who is struck by a disaster that wipes his health out is permitted to ask until he reaches sufficiency of sustenance, and a person struck by poverty to the extent that three wise clansmen confirm that he is really hit by poverty is permitted to ask until he obtains sufficiency of sustenance. O Qubaysah, any asking beyond these three cases is evil on the part of the person who asks." Reported by Muslim in his correct collection.

Our colleagues argue that asking is permitted by the Messenger of God until sufficiency is reached. This means the purpose of the distribution of zakah is to make the poor and needy reach their sufficiency as stated above. A craftsman would be given an amount sufficient to buy tools and equipment that allow him to work and gain his sustenance. This certainly differs according to time, country, and ability of individuals. Some of our colleagues give examples that a person who sells vegetables may be given five or ten dirhams, while a person whose profession is selling jewels would be granted ten thousand dirhams, if he cannot reach sufficiency with less than that amount. People of other professions would be given according to the requirement of their profession. Farmers would be given farming land or portions thereof that would be sufficient to gain them sufficiency of sustenance. As for those who have no craft or ability, they must be given sustenance sufficient for the rest of their lives, regardless of one year limitations.46

Shams al Din al Ramli, the commentator on al Minhaj of al Nawawi, says about this saying, "The poor and needy who are not earners should be given what suffices then for the average life expectancy in their area, because the aim of zakah is to insure that the poor is under no more pressure of need. If he/she lives longer, zakah should continue on a yearly basis. It is not necessary to give the poor and needy money to suffice for the rest of their lives; they may be given capital investment whose returns would be sufficient for their maintenance, provided that ownership of the property transfers to the poor and can be bequeathed to their heirs." Al Ramli continues, The officer of zakah, but not the payer when he distributes zakah directly, has the right to force the recipient to buy, for example, real estate, and to prevent him or her from disposing of it. If the return of such capital investment becomes less than sufficient, additional distribution must be made to the same recipient. Al Mawardi says "a person who has, for example, ninety but needs a hundred to be able to earn sufficient return, should be given the difference, even though the ninety, if spent on living expenses, may be sufficient for many years."This applies only to individuals who cannot earn by work or profession. As for professionals and workers, they should be given the capital necessary for their productive work, that would provide them with sufficient income. If a person knows more than one profession, the least amount of capital needed would be given, and if that profession does not produce sufficient income, an added capital investment such as real estate should be granted."

This is the view of the Malikites, most of the Hanbalites, and most other jurists.

They argue that the poor and needy must be given their sufficiency for one full year, no more and no less, on the grounds that the Prophet used to keep for his family food needed for one year,53 and that zakah is collected on a yearly basis, so its distribution must be on a yearly basis too.54

Sufficiency for one year cannot be determined by any given amount, since it depends on circumstances, needs, and size of family.55

In order to fully understand the concept of sufficiency or satisfaction of essential needs as used in Islamic jurisprudence, we must mention several points. First, essential needs include, in addition to food, clothes, and shelter, the fulfillment of other essential human drives, especially the sexual drive. Islam, on one hand, does not allow celibacy, and on the other hand forbids wanton sexual practices. Islam ordains marriage for everyone who can afford it, as the Prophet says "He who has the means and ability must get married, because this helps one lower one's gaze and guard one's modesty."56

Consequently, Shari'ah is expected to help those who want to be married but do not have the necessary financial means. Scholars argue that marriage expenses are included in the level of sufficiency for those who have no spouses and need to get married.57

Some scholars go as far as assuming that, for a man who is not satisfied with one wife, the cost of marrying a second wife is also part of his level of sufficiency.58

'Umar bin 'Abd al 'Aziz, who is usually called the fifth of the Wise Successors, ordered people to search for the needy, those who are under burden of debt, and those who are seeking marriage, in order to help them from the treasury of the Muslim state.59

This view is originally based on the saying from Abu Hurairah that a man came to the Prophet (p) and said, "I have married a woman from the Ansar." The Prophet said, "How much mahr did you give her?" The man answered, "Four uqiyyah [160 dirhams]." The Prophet exclaimed, "Four uqiyyah?" As if you are cutting silver from the side of this mountain! We do not have what we can give you [to help] but we may send you on a mission where you may gain something."60 This saying indicates that the Prophet was wont to give funds from the treasury for such a purpose, but did not have enough at the moment, so he tried other means for help.

By the same token, seeking knowledge is a basic value in Islam. Knowledge is the door that opens to faith and the guide for practicing righteousness. Faith by imitation is not accepted, nor is worship with ignorance. God says clearly "Are they equal, those who know and those who do not know?"61 and "The blind and the seeing are not alike, nor are the depths of darkness and the light."62 And the Messenger (p) says, "Seeking knowledge is an obligation on each Muslim."63

In comparing these two views, one must note that they are not exclusive. Each of them may be the best when applied in the proper arena.

The poor and the needy may be classified into two subcategories. First are the poor and needy who can work and earn sustenance, such as craftsman and those who know any kind of business that needs capital or equipment for its practice. It is obligated to give them what they need in order to enable them to earn their sustenance for the rest of their lives, so that they are no longer on the list of zakah recipients. Second, there are those who are incapable of earning because of a physical handicap, like the elderly, or social handicap, like widows who are raising children. They may be given sufficiency for one year, provided that it is repeated every year. It may even be advisable to give them monthly payments instead of yearly payments.

It is interesting to note that after I made this distinction of the sub-categories of the poor and needy, I discovered that I was preceded by some Hanbalite scholars. The commentator on Ghayat al Muntaha, after mentioning the opinion of Ahmad on the case of a person who owns real estate which yields returns that are not sufficient for the person's living, writes, "Such a person has the right to be given his sufficiency from zakah, such as an amount needed to buy equipment, or needed capital, if the person is a businessman. On the other hand, other kinds of the poor and needy should be given what suffices them for one year, since zakah is repeated every year."67

Abu Hanifah and his disciples argue that no more than two hundred dirhams per person can be given to any poor or needy individual. Others decide a maximum of fifty dirhams can be given; yet others argue that food for one day is to be given. Ibn Hazm rejects these opinions because "payment of zakah may be very large or very small, without any limitation, since both Qur'an and Sunnah do not obligate any limit."68

In his al Ihya' al Ghazali selects giving what is sufficient for one full year and argues that this has its origin in the fact that the Messenger (p) used to keep food sufficient for one year for his own family.69 Moreover, one year is a reasonable span of time for estimating the needs of the person. Al Ghazali adds:

There are different opinions as to how much should be given. Some scholars say as little as sustenance for one day and night, arguing that this is indicated by the saying reported from Sahl bin al Hanzaliyah that the Prophet (p) prevented begging for the rich, whereupon he was asked what was richness, and answered "Dinner and supper.70 Others argue that payment must be up to the limit of richness, as determined by nisab, since God obligates zakah on the rich only. These scholars add that the poor may take from zakah an amount equal to nisab for each person in the family. Yet other jurists determine richness at fifty dirhams or its equivalent in gold, on the grounds of the saying reported from Ibn Mas'ud that the Messenger (p) said, "He who begs while he has what makes him rich will appear on the Day of Judgement with cuts on his face." The Prophet was asked, "What is richness?" He answered, "Fifty dirhams or its equivalent in gold."71 It is argued that the chain is not strong enough.

Some others also say the Limit is only forty dirhams, as quoted by 'Ata'.

At the other extreme, we find jurists going on the high side. Some say the poor person should be given what is needed to buy a farm that would enrich him for the rest of his life, or business capital for the same, in accordance with 'Umar's statement, "When you give, you must enrich." Some people go as far as saying that a person who is impoverished must be given to the extent that brings him back to his previous standard of living, be it ten thousand dirhams, unless it is uncustomary. When Abu Talhah was so occupied with working in his orchard that he missed prayer, he decided to give the orchard away as charity, but the Prophet said, "Give it to your kindred, that is better for you , . . ." Abu Talhah then granted it to Hasan and Abu Qatadah. An orchard for two men is a whole lot of enrichment . . . .

The claim that one day's food is enough in zakah distribution looks unacceptable.

The supportive saying refers only to the matter of begging and not to zakah distribution.

If one has to choose between this opinion and that which provides for the price of a farm, the latter is more sensible, although it is inclined toward extravagance. I believe that the most rational is to be moderate in giving one year's sufficiency of sustenance, since giving more is extravagant, while giving less is too restrictive.72

After mentioning the story of Abu Talhah's giving of the orchard to Hasan and Abu Qatadah, Abu 'Ubaid asks how much the value of such an orchard would be, especially if it is added that Abu Talhah tried to hide his charity out of fear that somebody might think of his action as showing off on his part, because it was big. Abu 'Ubaid adds "although this charity was only voluntary, what applies to it applies to the obligation of zakah, since if it were forbidden to take big amounts from the proceeds of zakah, it would be more forbidden to take big amounts from voluntary charity, and if it is lawful to take that much in charity, it should be as lawful to take that much in the form of obligatory zakah."73 Abu 'Ubaid goes on to mention the statements of 'Umar, 'Ata', and others, referred to earlier in this chapter, then says, "All narrations and evidence indicate that what is given to the poor and needy has no limit. Rather, it is preferred that more be given, as long as the distributors make their decisions without bias or personal preferences. A rich man who sees that a righteous family is in need of a residence and buys that residence for them, paying a big amount in order to provide that family with a decent home out of his zakah, would not only be performing his zakah, but also doing the best that would please God. The same applies to a rich man who liberates a slave who is under oppression, although he may have to pay a big lump sum."74

The preceding discussion shows that the objective of zakah distribution is to realize an adequate and suitable standard of living and to help Muslims stay above the poverty level. The minimum of such standards is the provision of reasonable food, clothing, and shelter, as stated by Ibn Hazm, al Nawawi, and many others.

Al Nawawi says, "According to the view of our colleagues in the Shafi'i school, the consideration is for food, clothes, shelter and other needs, at a standard that is suitable but not extravagant for the poor person and all members of his family."75

Using contemporary terms, the other needs must include education, health care, and other social necessities that can only be determined by time and locale; no absolute definition can be applied to all cases.

It is essential to observe that the preceding discussion leads to the view of zakah as regular and continuous relief to the poor, whether newly impoverished or disabled and handicapped, whereby people who need to be removed from poverty are given what satisfies their needs, while people who cannot earn are given regular relief at certain intervals. Let us look at an incident from the time of 'Umar, which provides insight into the distribution of zakah. 'Umar was napping at midday in the shade of a tree. A bedouin woman came and looked around, then approached him. She said, "I am a needy woman and I have children, 'Umar, the Prince of the Believers, sent Muhammad bin Maslamah to distribute zakah in our area, but he did not give us any. Would you please talk to him on our behalf?" 'Umar told his servant Yarfa' "Bring me Muhammad bin Maslamah." The woman, not knowing to whom she was talking, said, "It would be more helpful if you went with me to Muhammad bin Maslamah." 'Umar said,. "He will come, God willing." Then Yarfa' came with Muhammad to 'Umar, and said, "Peace be upon you, O Prince of Believers . . . ." The woman felt embarassed upon discovering she had been addressing the Caliph. 'Umar said, "By God, I have always selected the best of you as officers. What will we answer God when He asks about this lady?" The eyes of Muhammad were filled with tears, and 'Umar continued, "God sent to us His Prophet, and we believed and followed him as he was doing what God ordained him to do. He distributed the sadaqah to its deservants among needy people until God took his soul; then God gave us Abu Bakr as a ruler, who followed the tradition of the Messenger until he died. Then God made me ruler, and I did my best to select the best of you as my officers. When you go next time to her area, give her the sadaqah of last year and the year before. I don't even know whether I want to send you any more." Then 'Umar asked for a camel to give her along with some flour and oil, and addressed the woman, "Take these and meet us in Khaibar, for we are heading there." When the woman met him in Khaibar, he gave her two more camels, saying, "This might sustain you until Muhammad bin Maslamah reaches you. I have ordered him to give you your right from last year and the year before it."76

This story is rich in lessons on the purpose and manners of zakah distribution. It tells how deep is the feeling of responsibility a Muslim leader has toward his people. It also illustrates how well citizens were educated about their rights and how freely they could approach the state and its officers to pursue their rights. It also shows that zakah is the basic pillar of solidarity in Muslim society, in addition to being a regular and continuous relief for the person who is in need. Lastly, this story indicated that 'Umar's policy was to give enriching amounts and that he felt in so doing he was following the tradition of the Messenger and Abu Bakr.