Question:
I have heard that a Syed [Off-Spring of Prophet Mohammad] cannot take Zakah. How should a Syed be financially assisted if Zakah is not permitted for him to take?

Answer:
It is not permissible to discharge one’s Zakah by distributing it to a Syed. [Shami]

As with regard to the concern that How should a Syed be financially assisted if Zakah is not permitted him to take? Hadhrat Mufti Mahmood Hasan Gangohi Rahmatullahi alaihi (the former Grand Mufti of Darul Uloom Deoband) states: That wealthy person should financially assist them with donations since Zakah is considered the filth of one’s wealth. The status of the Syeds is far above that they should make use of the filth of people’s wealth. It is stated in Hidaayah,

Zakah should not be given to the Bani Haashim because Rasoolullah Sallallahu alaihi wasallam said “O Bani Haashim! Indeed Allah has prohibited for you the filth and squalor of people”.

It is not permissible to give zakat to the progeny of Hadrat Fatimah Radi Allahu anha, the progeny of Hadrat Ali Radi Allahu anhu, Hadrat Abbas Radi Allahu anhu, Hadrat Ja’far Radi Allahu anhu, Hadrat Aqeel Radi Allahu anhu, Hadrat Haarith bin Abdul Muttalib Radi Allahu anhu. Similarly, the charities that have been made wajib by the Shariah cannot be given to the progeny of the above Sahabah. Such charities are, nazr, kaffarah, ushr, sadaqatul fitr. Apart from these, all other charities can be given to them.

As for the family of the Prophet, upon whom be peace, the vast majority of the Hanafiyyah, the Shaf’iyyah, the Hanbaliyyah, and the majority of the Zaidiyyah hold that nonobligatory sadaqah is permissible for them but not the obligatory one, since to them the obligatory sadaqah is nothing but filth that comes out from people’s holdings. This is understood to mean that the (prescribed) zakah and not the nonobligatory sadaqat, are forbidden to them. It is said in alBahr that nonobligatory sadaqah is restricted by being confined to a donation, gift, or endowment.

In Al Bahrur Raaiq it is stated that the generality of this Hadeeth disqualifies the notion that a Bani Haashim is permitted to give Zakaah to a fellow Bani Haashim (which also includes the Syeds).

[Fataawa Mahmoodiyyah Vol. 7 Pg. 254/5, also see Vol. 11 Pg. 123/4, Vol. 3 Pg. 32]

And Allah knows the Best

Author: Darul Iftaa
Organization: Jamiatul Ulama – Council of Muslim Theologians, Johannesburg – South Africa