4.7 Chapter Seven The Wayfarer - Fiqh Al Zakah | Quran Course

4.7 Chapter Seven The Wayfarer - Fiqh Al Zakah | Quran Course

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.

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.

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

1. Tafsir al Tabari, Vol. 13, p. 320.

2. Ibid.

3. Sura al Isra', 17:26.

4. Sura al Rum, 30:38.

5. Sura al Baqarah, 2:215.

6. Sura al Nisa', 4:36.

7. Sura al Anfal, 8:41.

8. Sura al Hashr, 59:7.

9. Sura al Baqarah, 2:177.

10. Sura al Mulk, 67:15.

11. Sura al Muzzammil, 73:20.

12. Mentioned by al Mundhiri in al Targhib wa al Tarhib, Vol.2, chapter on fasting. He adds, "Reported by al Tabarani in al Awsat via a trustworthy chain." 13. Sura al Ankabut, 29:20.

14. Sura al Imran, 3:137.

15. Sura al Hajj, 22:46.

16. In al Targhib, al Mundhiri says, "Reported by Muslim and others." See chapter on knowledge.

17. Ibid, reported by al Tirmidhi, who grades it good.

18. Sura al Tawbah, 9:41.

19. Ibid, 9:42.

20. Ibid 9:121.

21. Reported in al Bukhari, chapter on jihad.

22. Sura al Imran, 3:97.

23. Sura al Hajj, 22:27-38.

24. Ibn Sa'd, al Tabaqat, Vol. 3, p.283.

25. A1 Amwa1, p.580.

26. A1 Sharh al Kabir, with al Mughni, Vol. 2, p.702.

27. A1 Majmu', Vol. 6, p. 214 and Nihayat al Muhtaj, Vol. 6, p. 156.

28. A1 Sharh al Kabir, Vol. 2, pp.702-703.

29. Hashiat al Dusuqi, Vol. l, p. 498. Some Malikites believe he must not be given anything, even if his life is threatened, since he always has the means to safety by repentance, See Hashiyat al Sawi, Vol. l, p.233.

30. Al Majjmu', Vol. 6, pp.214-215, and al Sharh al Kabir, Vol. 2 pp. 701-702.

31. Sharh al Khirshi on the text of Khalil, Vol. 2, p. 219, and Nihayat al Muhtaj, Vol. 6, p.156.

32. Ahkam al Qur'an, Vol. 2, p. 958, and Tafsir al Qurtubi, Vol. 8 , p. 187.

33. A1 Majmu' Vol. 6, p. 216.

34. Fath al Qadir, Vol. 2, p. 18, and Radd al Muhtar, Vol. 2, p.64.

35. A1 Majmu', Vol. 6, p. 215-216, and al Sharh al Kabir, Vol. 2, pp.701-702.

36. A1 Majmu', Vol. 6, p. 216.

37. Fath al Qadir, Vol. 2, p.18, and Radd al Muhtar, Vol. 2, p.64.

38. Tafsir al Maraghi, Vol. 28, explanation of verse six of sura al Hashr.

39. Al Bahr al Ra'iq, Vol. 2, p.260.

40. Radd al Muhtar, op cit., and al Bahr al Ra'iq, ibid.

41. A1 Insaf, Vol. 3, p. 237.

42. Tafsir al Manar, Vol.5, p. 94.