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Inheritance and donations / Ruling on members of the family of Muhammad (peace be on him) benefiting from religious endowments

Ruling on members of the family of Muhammad (peace be on him) benefiting from religious endowments

publish date : 2016-02-18 | Views : 1422
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Is it permissible for the family of Muhammad (peace be on him) to benefit from religious endowments or from general endowments like student scholarships given on merit?

حكم استفادة آل البيت من الأوقاف

Praise be to Allah, and may Allah’s peace and blessings be upon the Messenger of Allah, his family and his companions.

To proceed:

According to the correct of the two scholarly views, it is permissible for them to take the endowment if it is given to them. This is the view held by majority of scholars incuding Hanafites[1], Shafaites[2] and Hanbalites[3]. The Malikites[4] differed and said that a specific endowment is prohibited for them. This view is also an opinion of some of the Hanafites. However there are two scholarly views with regards to general endowment:
First: It is not permissible and they do not deserve anything from it. This view is held by the Hanafites[5] and Malikites[6].
Second: It is permissible for them to benefit from an endowment. This view is an opinion of  some of the Hanifites[7] and it was held by some Malikites[8] and Hanbalites[9]
The difference of opinionis  centered on whether an endowment and the like falls under what was transmitted in a  hadith transmitted by Muslim (1072) from al-Zuhri who heard from ‘Abdullah Ibn al-Harith on the authority of al-Muttalib Ibn Rabi’ah that the Messenger of Allah (peace be on him) said: “Indeed, Zakah ought not to be given to the family of Muhammad, it will be like giving them from the impurities of people.” Likewise the hadith transmitted by Bukhari (1485) and Muslim (1069) from Shu’bah who heard from Muhammad Ibn Ziyad on the authority of Abu Hurayra (may Allah be pleased with him) that the Messenger of Allah (peace be on him) said to Hassan: “Don't you know that Muhammad's offspring do not eat what is given in charity.” Whoever limited the charity mentioned in this hadith to compulsory charity permitted that the members of the Prophet's (peace be upon him) family should benefit from endowments and other voluntary charities, and whoever interpreted the hadith generally prohibited that the members of the family of the Prophet (peace be upon him) and their progeny should benefit from endowments. The correct view is to limit the prohibition to zakat because it is the one indicated by these hadiths. There is a probability that charities other than zakat are permissible. The general principle is permissibility and non-inclusion of other charities until evidence shows generality.
And Allah knows best

Your brother,

Dr. Khalid al-Mosleh

02 / 08 / 1425 AH

[1]Tabyeen al-Haqaaiq (1/304), Majma’ al-Bahrayn (1/244)

[2]Mughni al-Muhtaj (4/89)

[3]Kashf al-Qina’ (4/285), al-Insaaf (7/96), al-Fatawa al-Kubra (4/288-289)

[4]Mawahib al-Jaleel (3/397), Sharh al-Kharshi (3/160), al-Bahr al-Raaiq (5/215)

[5]Majma’ al-Anhaar (1/244), Ghamz ‘Uyoon al-Basaair (2/54)

[6]Al-Hashiyah (4)

[7][7] Al-Hashiyah (1)

[8]Twarh al-Tathreeb (4/35)

[9]Matwaalib Uli al-Nahy (2/158), Kashf al-Qina’ (2/292)

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