Summary of the article:
Key Takeaways from the Article: Rulings Concerning Those Employed in Zakah Administration
Definition of "Those Employed Over Zakah" (al-ʿĀmilīn ʿAlayhā)
They are individuals officially appointed to collect, manage, safeguard, record, and distribute zakah.
The category includes collectors, distributors, custodians, accountants, and others whose work is necessary for the administration of zakah.
Their Right to Receive Zakah
Their entitlement is established by:
The Qur'an (Qur'an 9:60),
The Sunnah,
Scholarly consensus (ijmāʿ).
They receive a share of zakah as compensation for their work, not necessarily because they are poor.
Conditions for Being a Zakah Worker
The jurists generally required:
Sanity and legal capacity.
Trustworthiness.
Knowledge of zakah rulings when exercising independent authority.
Appointment by the legitimate authority (imam/government).
The jurists differed regarding:
Whether the worker must be Muslim.
Whether he must be free (not a slave).
Whether he must be male.
Whether members of the Prophet's family may receive compensation from zakah.
Appointment by Authority Is Essential
A person is not considered a zakah worker merely because he claims the title.
The majority of classical jurists considered official appointment by the ruler or authorized authority to be a necessary condition.
Who Is Included Among Zakah Workers?
The article lists:
Collectors (sāʿī).
Distributors.
Custodians and record keepers.
Tribal representatives who identify zakah payers.
Gatherers of payers and recipients.
Individuals needed for the operation of zakah collection and distribution.
The author also argues that:
Modern personnel involved in managing and investing zakah funds may be included in this category.
Who Is Not Included?
Generally excluded are:
Judges.
Governors and rulers who already receive public salaries.
Unneeded assistants.
Private agents appointed by a zakah payer.
Ordinary employees who merely help without being appointed as zakah workers.
How Much Should Zakah Workers Receive?
Three opinions are discussed:
One-eighth of the zakah collected.
Compensation according to the value of their work.
Payment from the public treasury rather than zakah funds.
The author favors:
Determining compensation according to the actual work performed and the benefit provided, rather than assigning a fixed fraction.
Administrative Expenses
Necessary administrative expenses connected to collecting and distributing zakah may be paid from the share allocated to zakah workers when no alternative funding source exists.
This can include:
Staff wages,
Transportation,
Shipping,
Necessary operational expenses.
Modern Charity Employees
This is one of the paper's most important practical conclusions:
If a person is already receiving a salary for his work in a charitable or zakah organization, he should not receive an additional share from the category of al-ʿĀmilīn ʿAlayhā.
The author compares such employees to judges and public officials who are already compensated for their services.
Liability and Responsibility
Zakah workers are trustees.
If zakah funds are lost without negligence, they are not liable.
If loss occurs due to negligence or misconduct, they are liable.
Receiving Zakah Under Multiple Categories
A zakah worker who is also poor, needy, or indebted may receive zakah under multiple categories simultaneously.
Priority Among Recipients
Some jurists gave priority to zakah workers because their compensation is a right earned through labor.
Others preferred allocating zakah according to need and public benefit.
Main Practical Conclusion
The article's overall conclusion is:
The category of al-ʿĀmilīn ʿAlayhā refers to officially appointed individuals whose work is necessary for the collection, administration, protection, and distribution of zakah. Their compensation should generally reflect the value of their work, but salaried employees of modern charitable institutions should not ordinarily receive an additional share from zakah merely because they work in zakah administration.
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Introduction
In the name of Allah, the Most Merciful, the Most Compassionate.
All praise is due to Allah, Lord of the worlds, and peace and blessings be upon the Master of the Messengers.
To proceed: These are brief statements containing some of the rulings concerning those who work on zakah, according to what was possible to gather from the statements of the jurists.
This is especially because of the issue of many who fall under the title of “worker” being included under the category of paid work within official bodies. This research answers part of this issue. It also studies the position of those who say that the “worker” is given a fixed share, whether one-eighth or otherwise, and the serious problems that would result if this view were applied to the current zakah reality, along with other important issues in this research.
First: Definition of Those Who Work on It
The worker linguistically is on the pattern fāʿil from “to work.” The word “worker” may also be used to mean: governor; its plural is ʿummāl and ʿāmilūn.
Its verbal noun is ʿumalah — with ḍammah on the ʿayn — meaning the wage of the worker; kasrah is also a dialectal usage, as stated in al-Mufradāt (p. 587), al-Miṣbāḥ al-Munīr (p. 430), and Lisān al-ʿArab (11/474).
Technically, it refers to the one placed in charge of charity, the collector who seeks it from the owners of wealth, and the one who distributes it among its categories by delegation from the imam, as stated in Ḥāshiyat Ibn ʿĀbidīn (2/59, 37), Jawāhir al-Iklīl (1/138), and al-Mughnī (6/473).
The worker in the meaning of governor is the one whom the caliph appoints as an amir over a region or town, or assigns to a specific task, as stated in al-Māwardī’s al-Aḥkām al-Sulṭāniyyah (p. 30).
Forms of Work on Zakah
The first: those who bring zakah from the wealthy to the public treasury.
The second: those who preserve it, store it, and calculate it when it reaches the public treasury.
The third: those who distribute it among the poor, either by investigating the conditions of the poor or by transporting the wealth to them.
Second: The Legitimacy of the Allocation for Those Employed in Zakah Administration
The evidence from the Qur'an, the Sunnah, and scholarly consensus indicates that, in principle, the worker on zakah is given compensation for his work.
From the Qur'an
Allah the Exalted says:
"Zakah expenditures are only for the poor, the needy, those employed to collect it, those whose hearts are to be reconciled, for freeing captives, for those in debt, in the cause of Allah, and for the stranded traveler—an obligation imposed by Allah. And Allah is All-Knowing, All-Wise." (al-Tawbah 9:60)
From the Sunnah
The Prophet ﷺ used to appoint collectors over charity and would give them compensation for their work.
Among the examples of this is the narration of Abū Ḥumayd al-Sāʿidī:
"The Messenger of Allah ﷺ appointed a man from the tribe of al-Asad over the charities of Banū Sulaym. He was called Ibn al-Lutbiyyah. When he returned, the Prophet ﷺ called him to account." Recorded by al-Bukhārī (1500) and Muslim (1832).
Likewise, his two cousins, al-Faḍl ibn al-ʿAbbās and ʿAbd al-Muṭṭalib ibn Rabīʿah ibn al-Ḥārith, requested that he appoint them over the collection of zakah. They said:
"O Messenger of Allah, if you were to appoint us over this charity, we would obtain what the people obtain, and we would deliver to you what the people deliver."
But he refused to appoint them and said:
"These charities are only the impurities of the people's wealth, and they are not lawful for Muḥammad nor for the family of Muḥammad." Recorded by Muslim (1072).
Scholarly Consensus
Consensus regarding this matter was reported by Ibn al-Mundhir, Ibn Ḥazm, and Ibn Qudāmah in al-Ijmāʿ (p. 48), Marātib al-Ijmāʿ (p. 37), and al-Sharḥ al-Kabīr (6/473).
General Rulings
Conditions for a Zakah Worker
That He Be Legally Responsible (Mukallaf)
Meaning that he is an adult of sound mind. This is stated in al-Mubdiʿ (2/415), Kashshāf al-Qināʿ (2/275), Sharḥ Muntahā al-Irādāt (1/425), and al-Mughnī (2/654).
As for one who is not of sound mind, such as an insane person and the like, it is not permissible to appoint him.
As for one who has not reached puberty, if he is not discerning (mumayyiz), then his ruling is the same as that of one who is not of sound mind. As for the discerning minor, the scholars differed regarding the permissibility of appointing him:
First opinion: Puberty is a condition for the zakah worker. This is the position of the Mālikīs and one narration from the Ḥanbalīs, because puberty is the basis of legal responsibility, and legal authority requires puberty, as stated in Jawāhir al-Iklīl (1/138) and Kashshāf al-Qināʿ (2/275).
Second opinion: Puberty is not a condition; rather, discernment is sufficient. This is a view among the Shāfiʿīs and one narration from the Ḥanbalīs, because acts of worship performed by a discerning minor are valid, as stated in Mughnī al-Muḥtāj (1/414) and al-Inṣāf (3/198).
That He Be Trustworthy
This condition was mentioned by the Mālikīs and the Shāfiʿīs, and some of the Ḥanbalīs treated it as an independent condition, as stated in al-Mubdiʿ (2/405).
This is because the position involves a form of authority, and authority requires such qualities.
Also, a minor and an insane person have no valid capacity to take possession.
Likewise, a dishonest person may squander zakah funds and fail to deliver them to their rightful recipients, as discussed in Ḥāshiyat al-Dusūqī (1/495), Ḥāshiyat al-ʿAdawī ʿalā al-Kharashī (2/216), al-Zurqānī's commentary on Mukhtaṣar Khalīl (2/176–177), al-Majmūʿ (6/167), al-Mughnī (6/473), and Kashshāf al-Qināʿ (2/275).
That He Be Muslim
This is the position of the Mālikīs and the well-known view in the school of Aḥmad, as stated in al-Mubdiʿ (2/418), Sharḥ Muntahā al-Irādāt (1/425), and al-Dusūqī (1/495).
They cite the statement of Allah:
"Do not take as intimates those outside your ranks." (Āl ʿImrān 3:118)
They also argue that trustworthiness is required for this position, and therefore Islam is required, just as it is required for testimony concerning Muslims. Accordingly, it is not permissible for a non-Muslim to hold this office, as with other positions of authority, since disbelief is contrary to trustworthiness.
Furthermore, a non-Muslim is not among those entitled to receive zakah. For this reason, ʿUmar said:
"Do not entrust them when Allah has declared them untrustworthy."
And ʿUmar objected to Abū Mūsā appointing a Christian as a scribe. This report was recorded by Ibn Abī Ḥātim (6510) and al-Bayhaqī (20409), and its chain of transmission is strong. If this applies to ordinary administration, then zakah—which is one of the pillars of Islam—has an even greater claim to such caution.
The second opinion is that Islam is not a condition. This is the view of the Ḥanafīs, the Shāfiʿīs, and one narration from Aḥmad, as stated in Badāʾiʿ al-Ṣanāʾiʿ (2/40), Jawāhir al-Iklīl (1/138), Mughnī al-Muḥtāj (2/413), and al-Inṣāf (3/197).
They argue that Allah says:
"And those employed to collect it." (al-Tawbah 9:60)
This is a general expression that includes every worker regardless of his description.
They also argue that this is a contract for work, and therefore it may be undertaken by a non-Muslim, just as the collection of land tax (kharāj) and other forms of employment may be undertaken by a non-Muslim.
They further analogize it to the permissibility of appointing a non-Muslim as an agent to slaughter a sacrificial animal.
Some Mālikī, Shāfiʿī, and Ḥanbalī jurists provided a more detailed position: it is permissible when the remuneration comes from the public treasury in exchange for the work, provided the scope of the person's authority is clearly defined and appropriate restrictions are placed upon him. It may also be said that such a person may serve as an assistant or helper, rather than holding the primary authority itself, as mentioned in Bulghat al-Sālik (1/127), al-Majmūʿ (6/142), and al-Inṣāf (3/224).
Note
There is evidence that may indicate consideration of these conditions in the ḥadīth of Abū Mūsā:
"The trustworthy Muslim treasurer who carries out what he has been instructed to do, giving it completely and in full, with a willing heart, and delivers it to the person for whom he was instructed—he is one of the two who receive the reward of charity."
Recorded by al-Bukhārī (1438) and Muslim (1023).
Issue: The Shepherd, Carrier, and Similar Workers
As for the shepherd of zakah livestock, the carrier of zakah property, and similar workers, it is permissible for them to be non-Muslims, slaves, or others who are themselves ineligible to receive zakah, such as close relatives of the Prophet ﷺ.
Al-Mardāwī stated in al-Inṣāf, and it is mentioned in Kashshāf al-Qināʿ (2/275), that there is no known disagreement regarding this. The reason is that what they receive is compensation for their labor, not a share by virtue of being zakah administrators, unlike the collector and similar officials.
That He Be Knowledgeable if Authority Has Been Delegated to Him
If independent authority is delegated to him, he must know from whom zakah is to be collected and to whom it is to be distributed—or both.
This is because, without such knowledge, he would not be competent to fulfill the task.
However, if he is merely executing instructions and the imam specifies exactly what he is to collect, then it is permissible for him not to possess such knowledge. This is because the Prophet ﷺ used to send workers and provide them with written instructions detailing what they were to collect. Likewise, Abū Bakr wrote instructions for his workers, as recorded in Muslim (1045) and al-Bukhārī (1454). This was explicitly stated by the Mālikīs, Shāfiʿīs, and Ḥanbalīs in Ḥāshiyat al-Dusūqī (1/495), al-Muhadhdhab (1/168), and Kashshāf al-Qināʿ (2/275).
That He Be Appointed by the Ruler
This is because zakah administration is one of the governmental authorities.
There is consensus on this point. Ibn Ḥazm stated in al-Muḥallā (4/273):
"The Ummah has unanimously agreed that not everyone who claims, 'I am a worker,' thereby becomes one. Whoever acts without being appointed by the imam whose obedience is obligatory is not among those employed over zakah. It is not valid to hand zakah over to him, and such action is wrongful. However, if he actually places it in its proper recipients, then it suffices because it has reached those entitled to it. As for the worker appointed by the imam whose obedience is obligatory, we are commanded to deliver it to him, and we are not responsible for what he does with it thereafter, because he is an agent, just like the executor of an orphan's estate or any authorized representative."
Accordingly, Aḥmad said regarding the verse:
"And those employed to collect it"
"They are the collectors who go out for it, and that is under the authority of the ruler." (Masāʾil ʿAbd Allāh, no. 547).
The jurists therefore held that the imam is obligated to appoint workers to collect and distribute zakah, based on the fact that the Prophet ﷺ appointed collectors over charitable dues and that ʿUmar ibn al-Khaṭṭāb did likewise, as reported in Muslim (983) and al-Bukhārī (1468).
That He Not Be from the Prophet’s Relatives (Dhawī al-Qurbā)
The jurists unanimously agreed that it is permissible to employ members of the Prophet’s family if their compensation is paid from a source other than zakah.
However, they differed when their compensation is to be paid from zakah itself.
The first opinion: They are not to be given compensation from zakah for their work. This is the position of the majority of jurists among the Ḥanafīs, Mālikīs, and Ḥanbalīs.
They held this in order to keep the Prophet’s relatives free from any association with receiving charity. Their evidence is that al-Faḍl ibn al-ʿAbbās and al-Muṭṭalib ibn Rabīʿah asked the Prophet ﷺ to appoint them over the collection of charity, and he replied:
“Indeed, charity is not lawful for Muḥammad nor for the family of Muḥammad.”
This is an explicit text prohibiting it, and therefore it is not permissible to oppose it. This view is discussed in al-Fatāwā al-Hindiyyah (1/188), Tabyīn al-Ḥaqāʾiq (1/297), Badāʾiʿ al-Ṣanāʾiʿ (2/44), al-Dusūqī (1/495), al-Kharashī with the commentary of al-ʿAdawī (2/216), al-Zurqānī (2/177), Rawḍat al-Ṭālibīn (2/336), al-Majmūʿ (6/167), Sharḥ Muntahā al-Irādāt (1/425), and Kashshāf al-Qināʿ (2/275).
The second opinion: It is permissible for them to receive compensation from zakah because it is payment for work. Since such compensation may be given to a wealthy person, it may also be given to the Prophet’s relatives, just as wages may be paid to a transporter or a custodian. This is one of the views reported from the Shāfiʿīs and a position held by some Ḥanbalī jurists.
That He Be Free (Not a Slave)
This is the position of the Ḥanafīs, Mālikīs, and one view among the Ḥanbalīs.
Their reasoning is that zakah administration is a form of authority, and slavery is incompatible with positions of authority, just as it is incompatible with judicial office. This is mentioned in Multaqā al-Abḥur (1/190), Jawāhir al-Iklīl (1/138), Kifāyat al-Akhyār (1/380), and al-Inṣāf (3/226).
The Shāfiʿīs and another view among the Ḥanbalīs disagreed and did not require freedom as a condition.
They relied upon the ḥadīth narrated by Anas in which the Prophet ﷺ said:
“Hear and obey, even if an Abyssinian slave is appointed over you.”
Recorded by al-Bukhārī (693).
They argued that a slave is capable of fulfilling the purpose of the position just as a free person is, and therefore it is permissible for him to serve as a zakah worker. This is stated in Mughnī al-Muḥtāj (1/413), al-Inṣāf (3/336), and Kashshāf al-Qināʿ (2/275).
Male Gender
The jurists differed concerning this issue into two opinions.
The first opinion: Being male is a condition, and women may only be paid from sources other than zakah. This is the position of the Mālikīs, the Shāfiʿīs, and one view among the Ḥanbalīs, as stated in Jawāhir al-Iklīl (1/138), Minaḥ al-Jalīl (2/87), al-Majmūʿ (6/173), and al-Mubdiʿ (2/418).
Al-Buhūtī said:
“Requiring that the worker be male is stronger than the view that does not require it. It seems they did not explicitly mention it because of its obviousness.”
Kashshāf al-Qināʿ (2/275).
Their reasoning is that zakah administration is a form of authority, and women are not among those entrusted with such positions.
Al-Mardāwī stated:
“It has never been reported that a woman was appointed over zakah administration at all. The continuous practice of not appointing women, both in earlier and later times, indicates that it is not permissible.”
al-Inṣāf (7/229).
They also argued that the apparent wording of Allah’s statement:
“And those employed to collect it”
does not include women.
The second opinion: Women are included among those employed over zakah because of the generality of the verse concerning the categories of zakah recipients. This is a view within the Ḥanbalī school. Al-Mardāwī stated that this view has a valid basis. See al-Inṣāf (7/229) and Kashshāf al-Qināʿ (2/275).
Notes
First: It is not a condition that the worker be a jurist if written instructions are provided to him specifying what he is to collect and setting limits for him, just as the Prophet ﷺ wrote the prescribed zakah regulations for his workers and Abū Bakr did likewise, or if someone knowledgeable accompanies him.
Second: It is not a condition that he be poor, by consensus.
Allah made the zakah worker a category distinct from the poor and the needy. Therefore, the characteristics of poverty and need are not required in him, just as the characteristics of the zakah worker are not required in the poor and needy.
It is narrated from the Prophet ﷺ that he said:
“Charity is not lawful for a wealthy person except for five: a fighter in the cause of Allah, one employed to collect it, a person who purchased it with his wealth, a man who has a poor neighbor to whom charity was given and who then gifts some of it to the wealthy man...”
Recorded by Mālik (29) and Abū Dāwūd (1635).
Who Is Included Among Those Employed Over Zakah?
The jurists explicitly stated that those included among the workers on zakah are:
The Collector (al-Sāʿī)
The one who collects zakah and travels among the tribes to gather it.
The Gatherer (al-Ḥāshir)
This refers to two types:
The one who gathers together the owners of wealth.
The one who gathers together those entitled to shares from the categories of zakah recipients.
The Tribal Representative (al-ʿArīf)
He is similar to a tribal chief or overseer and is the one who identifies for the collector those who owe zakah when the collector does not know them personally.
The Scribe (al-Kātib)
The one who records what the owners of wealth have paid in zakah, writes receipts confirming payment for them, and records what is distributed to the eligible recipients.
The Distributor (al-Qāsim)
The one who divides the zakah funds among those entitled to receive them, as mentioned in al-Mawsūʿah al-Kuwaytiyyah (29/228), al-Majmūʿ (6/188), and Kashshāf al-Qināʿ (2/274).
Al-Mardāwī said:
“The zakah worker is the collector, the custodian, the scribe, the distributor, the gatherer, the measurer, the weigher, the counter, the collector who travels for it, the shepherd, the driver, the carrier, the camel-handler, and anyone needed in connection with it, except a judge and a governor.”
al-Inṣāf (7/222).
Also included among those employed over zakah are those responsible for investing zakah funds, because they fall under the descriptions mentioned by the jurists regarding zakah workers. Through them, the objective of collecting and developing zakah funds is achieved, and this serves the interests of zakah. This may be analogized to the collector (sāʿī), and the benefit of investment is no less than the functions mentioned by the jurists for zakah workers. See Istithmār Amwāl al-Zakāh by al-Fawzān (p. 207).
Among the issues discussed is the provision of equipment and furnishings needed by zakah institutions. If these cannot be obtained from another source, then such costs may be paid from the allocation designated for those employed over zakah.
A legal ruling issued by the Fiqh Council states:
“Can an organization spend from donations designated by donors for a specific purpose on the wages of those who collect, organize, and deliver these donations to their recipients, where such expenditures assist in ensuring that the donations reach the beneficiaries?”
The answer:
“The Fiqh Council holds that it is permissible for the organization to pay, from these donations, the expenses required to deliver them to those for whom they were designated and to the entities appointed to distribute them. This includes employee salaries, workers’ wages, shipping expenses, travel expenses incurred for their benefit, and similar costs without which the donations could not reach their intended recipients.
If these funds are zakah funds, then such individuals are considered among its collectors and workers. If the funds are unrestricted charitable donations or gifts, then permitting such expenditures is even more appropriate by analogy.
However, two matters must be observed:
First: These expenses must be proportionate to the work performed by the employee or worker and to the necessary expenditures required for the charitable activity.
Second: These wages and expenses should be temporary and paid from the donated funds only while the work exists. A permanent source of funding should not be established from them, and an employee or worker should not continue receiving salary or compensation from such funds after his work has ended.”
Does the Scribe Fall Under the Category of Zakah Workers?
The well-known view among the Ḥanbalīs is that scribes are not included among those employed over zakah.
It was said to Aḥmad:
“Are the scribes among those employed over zakah?”
He replied:
“I have not heard that.”
al-Inṣāf (7/222).
Those Who Are Not Included Among Those Employed Over Zakah
The Measurer and Weigher
The measurer and the weigher are not included among those employed over zakah; rather, their expenses are borne by the owner of the wealth because they are part of the cost of paying zakah.
What is meant here is the measuring and weighing involved in determining the zakah due and separating it from the owner’s wealth. The cost of the measurer and weigher who determine the zakah portion falls upon the owner, because it is part of fulfilling his obligation, just as a seller bears the cost of measuring and weighing in a sale transaction.
However, the wages of the measurer, weigher, or counter who distinguishes between the shares of the various recipient categories are charged to the allocation of zakah workers without disagreement. Otherwise, requiring the owner to pay those costs would effectively increase the amount of zakah required from him.
Al-Nawawī said:
“As for the one who distinguishes between the categories, his wage comes from the share allocated to those employed over zakah, without any disagreement.”
Rawḍat al-Ṭālibīn (2/313). See also Badāʾiʿ al-Ṣanāʾiʿ (2/44), Jawāhir al-Iklīl (1/138), al-Majmūʿ (6/188–189), al-Mughnī (2/654), and Kashshāf al-Qināʿ (2/274).
Governors, Rulers, and Judges
Those who hold positions of authority, such as rulers, governors, and judges, and who do not devote themselves specifically to zakah work, are not included among those employed over zakah, especially since they ordinarily receive stipends from the public treasury.
Al-Shāfiʿī said:
“The caliph and the governor of a large region who supervise the collection of zakah, although they are involved in its administration and supervision, are not entitled to a share of it in our view because they do not personally undertake its collection.”
al-Umm (2/91).
Al-Juwaynī said:
“Neither the governor of a town nor the supreme imam has any share from the allocation of those employed over zakah. The caliphs never took anything from the charities. Their entitlement, if they were not volunteering their service, was from the share allocated to public interests. Thus Abū Bakr and ʿUmar took modest amounts from the public-interest treasury and later returned them to the treasury at the end of their lives.”
Nihāyat al-Maṭlab (11/549).
A Person Assisting a Zakah Worker When His Assistance Is Not Needed
Likewise, one who assists a zakah worker in collecting zakah, when the worker has no need of such assistance, is not entitled to a share from the allocation of zakah workers, unless the worker pays him from his own compensation as a voluntary act.
Ibn ʿAbd al-Barr said:
“Likewise, one who assists a governor in collecting zakah when there is no need for his assistance has no share from the allocation of those employed over zakah.”
al-Istidhkār (3/211).
Detailed Rulings
The Amount Given to the Zakah Worker
The imam gives the zakah worker compensation according to his wage.
When appointing him, the imam has a choice:
- If he wishes, he may hire him through a valid employment contract and pay him the agreed wage.
- If he wishes, he may appoint him without a formal employment contract and then pay him the wage customarily due for such work.
This was the known practice during the time of the Messenger of Allah ﷺ. It has not reached us that he fixed a specific contractual wage for any of the zakah workers.
It is narrated from Ibn al-Saʿdī that he said:
“ʿUmar ibn al-Khaṭṭāb appointed me over the collection of charity. When I completed the task and delivered it to him, he ordered that I be given compensation. I said: ‘I only worked for Allah, and my reward is with Allah.’ He said: ‘Take what you have been given, for I worked during the time of the Messenger of Allah ﷺ and he gave me compensation. I said the same thing that you have said. The Messenger of Allah ﷺ then said to me: If you are given something without asking for it, then take it, make use of it, and give charity from it.’”
Recorded by Muslim (1045).
The scholars differed concerning the amount that zakah workers should receive, holding three opinions:
First Opinion
They are given one-eighth of the zakah.
This is the view of Mujāhid, al-Ḍaḥḥāk, and al-Shāfiʿī, as mentioned in Tafsīr Ibn Jarīr (11/517), al-Majmūʿ (6/168, 187), and al-Minhāj with its commentaries and the gloss of al-Qalyūbī (3/196).
Second Opinion
They are given compensation according to the value of their work.
This is the view of Abū Ḥanīfah and his companions, Mālik, and Aḥmad. It was also the preferred view of Ibn Jarīr. It is narrated from Ibn ʿUmar and was the practice of ʿUmar ibn al-Khaṭṭāb.
See Tafsīr Ibn Jarīr (11/517–518), Fatḥ al-Qadīr (2/16), al-Dusūqī (1/495), and al-Mughnī (6/425–426; 2/654). The Ḥanbalīs explicitly stated that they are given the wage normally due for such work (ujrat al-mithl), as mentioned in Sharḥ Muntahā al-Irādāt (1/455). The Ḥanafīs further restricted this by stating that it should not exceed half of what they collected.
They argued that the worker has devoted himself to serving the interests of the poor. Therefore, his maintenance and the maintenance of those assisting him may be taken from their wealth, just as a wife who devotes herself to her husband's rights is entitled to maintenance for herself and her servants from her husband.
Accordingly, compensation is not limited to one-eighth; rather, what is considered is sufficiency and need, whether that amount is one-eighth, more than one-eighth, or less, just as in the stipend of a judge.
Third Opinion
They are paid from the public treasury.
If the worker is poor, he is paid from the zakah treasury; if he is wealthy, he is paid from the treasury allocated for public interests.
This is the authoritative view reported from Mālik, according to Ibn al-ʿArabī.
However, al-Qurṭubī considered this view weak in evidence, saying:
“Allah has explicitly informed us of their share within zakah itself, so how can they be diverted from it?”
See Aḥkām al-Qurʾān (2/950), Tafsīr al-Qurṭubī (10/260–261), and Jawāhir al-Iklīl (1/138).
The stronger opinion is that the amount should be determined through judgment and estimation according to the value of the work, because the purpose of mentioning the categories in the verse is to identify the eligible recipients, not to require equal fractional divisions among them.
Therefore, it is not necessary that the zakah be divided into eighths. This reasoning is mentioned in Aḥkām al-Qurʾān (2/950) and Tafsīr al-Qurṭubī (10/260–261).
Nevertheless, if the imam decides to pay the worker’s compensation from the public treasury, that is valid because it falls under expenditures for the public interests of the Muslims that are administered through the treasury, as stated in al-Majmūʿ (6/188).
What Is Included in the Worker's Maintenance
Among the expenses included for the worker is what he needs for his livelihood.
Al-Mustawrid ibn Shaddād reported that he heard the Prophet ﷺ say:
“Whoever works for us should acquire a wife; if he does not have a servant, he should acquire a servant; and if he does not have a residence, he should acquire a residence.”
Abū Bakr said:
“I was informed that the Prophet ﷺ said: Whoever acquires anything beyond that is guilty of misappropriation or theft.”
Recorded by Abū Dāwūd (2945).
Ibn Khuzaymah entitled a chapter:
“Chapter: The Imam's Permission for the Worker to Marry, Acquire a Servant, and Obtain a Residence from the Charity Funds,”
and then cited the ḥadīth of al-Mustawrid ibn Shaddād. See Ṣaḥīḥ Ibn Khuzaymah (4/70).
When the Worker's Share Is Forfeited
The worker’s share of zakah is forfeited when the zakah is distributed directly by the owner of the wealth or by his agent.
In that case, the zakah must be distributed among the remaining seven categories because the worker only receives compensation in return for his work. If he performs no work in relation to the zakah, then he has no entitlement and his share falls away.
This is stated in al-Majmūʿ (6/185) and al-Mughnī (6/489).
Are Employees Who Collect Donations Included Among Those Employed Over Zakah?
Employees engaged in collecting donations fall into two categories:
- If they have been appointed by the imam, they are included among those employed over zakah.
- If they have not been appointed by the imam, they are not given anything from the share allocated to zakah workers.
Issue: Who Bears Administrative Costs?
It has already been established that the costs of loading and preparing the zakah property are borne by the owner of the wealth, whereas the costs of transporting it are borne by those employed over zakah.
This is because the payer of zakah is analogous to a seller, and the wealth remains in his possession. Just as a seller is responsible for loading the goods, the zakah payer is responsible for loading the zakah property into the vehicles used for transporting zakah.
Likewise, the cost of separating the zakah portion from the remainder of the owner's wealth is borne by the zakah payer, because this separation is part of isolating the zakah property from his own assets.
Responsibility of the Zakah Worker
If zakah property is destroyed while in the possession of the worker, without negligence or misconduct on his part, he is not liable for it, because he is a trustee, like an agent.
However, if the property is lost due to his negligence or transgression, then he is liable for it.
The scholars differed regarding whether he is entitled to his compensation if the zakah property is lost without negligence on his part.
The majority of jurists held that he remains entitled to his compensation, which should be paid from the public treasury. They reasoned that he is an employee, and that the public treasury exists for the interests of the Muslims, and this is one of those interests.
This is the position of the Mālikīs, Shāfiʿīs, and Ḥanbalīs, as stated in al-Majmūʿ (6/175), Mughnī al-Muḥtāj (3/119), Jawāhir al-Iklīl (2/139), and Kashshāf al-Qināʿ (2/276).
The Ḥanafīs held that his entitlement falls away, analogizing it to the maintenance of a muḍārib (investment manager), whose maintenance is taken from the investment capital; if the capital is destroyed, his maintenance is lost as well.
According to them, the worker's entitlement arises from his service to zakah on the basis of sufficiency for his occupation with it, not on the basis of wages, because the wage itself is not precisely specified.
See Badāʾiʿ al-Ṣanāʾiʿ (2/44) and Ḥāshiyat Ibn ʿĀbidīn (2/38, 59).
Disputes Between the Worker, the Zakah Payer, and the Recipients
First Situation
If the owner of the wealth claims that he paid the zakah to the worker, and the worker denies having received it, then the owner's statement regarding payment to the worker is accepted because he is entrusted concerning that matter, without requiring an oath from him.
The worker, however, swears that he did not receive it because he is denying the claim.
Second Situation
If the worker claims that he distributed the zakah to a poor person or another eligible recipient, and that recipient denies receiving it, then the worker's statement regarding payment is accepted because he is a trustee.
At the same time, the poor person is believed in his denial because he is denying receipt.
The author of Sharḥ al-Muntahā stated:
“Its apparent meaning is that this is accepted without an oath.”
Third Situation
If the owners of wealth testify that the worker placed the zakah in an improper manner or outside its legislated channels, then their testimony is accepted.
This is because they are not removing any liability from themselves by doing so, as they are already discharged of responsibility once they have paid it to him.
In contrast, if they testify that he never collected it from them, their testimony is not accepted because it would be testimony in their own favor.
However, they are believed without an oath, as mentioned previously.
Fourth Situation
As for the testimony of zakah recipients either in favor of the worker or against him, it is not accepted because it involves the possibility of personal benefit.
Fifth Situation
If the worker and the zakah payer disagree regarding counting or calculation, then the worker is not permitted to take the zakah while uncertain.
If he takes two sheep, he may be wronging the owner of the wealth; if he takes one sheep, he may be wronging the poor.
Therefore, the counting and calculation must be repeated until the zakah is taken with certainty.
The Nature of the Worker's Entitlement to Zakah
The categories of zakah recipients fall into two groups with respect to how they receive zakah.
Some receive it as a permanent and unconditional entitlement. These include:
- The worker,
- The poor,
- The needy,
- Those whose hearts are to be reconciled.
The purpose of giving them zakah is achieved by their receipt of it: the poor and needy attain sufficiency, those whose hearts are to be reconciled are won over, and the workers receive their compensation.
Therefore, their circumstances are not reconsidered after payment. Once they receive it, they become its permanent owners and are never required to return it.
Other categories receive zakah conditionally and subject to continued consideration. These include:
- Debtors,
- Those seeking freedom from bondage,
- Those in the path of Allah,
- The stranded traveler.
They receive zakah for a specific purpose. If they spend it for the purpose for which they received it, then it remains theirs. Otherwise, it is reclaimed from them.
This is stated in al-Mughnī (2/500).
Multiple Reasons for Receiving Zakah
If two reasons for receiving zakah are found in the same worker, he may receive zakah on the basis of each reason independently.
For example, if he is both a zakah worker and poor, or both a worker and a debtor, he may be given what is needed to settle his debt and then be given what is needed to make him self-sufficient.
This is because a person who possesses two qualifying characteristics is treated as though he were two separate persons, each possessing one of those characteristics.
Ibn Qudāmah illustrates this by analogy to inheritance and bequests: just as a cousin who is also a husband may inherit through both relationships, and just as a poor relative may qualify under both a bequest to relatives and a bequest to the poor, similarly a zakah worker who is also poor or indebted may receive under both categories.
Whatever the worker receives by virtue of being a worker is considered his wage, and therefore it is permissible for him to receive it even if he is wealthy. Al-Mughnī (6/488).
Compensation of an Agent
The compensation of an agent is paid by the owner of the wealth.
Therefore, neither the owner of the wealth nor his agent is entitled to take a share from the allocation designated for those employed over zakah, because neither of them is considered a zakah worker.
The owner is the person upon whom the obligation of zakah has become due, and he is required to discharge it himself. It is therefore not valid for him to take a share from his own zakah.
Likewise, the person whom he appoints as his agent takes the same ruling as the principal, because an agent stands in the place of the one who appointed him. Consequently, the agent’s compensation is borne by the owner of the wealth himself. This is stated in al-Mughnī (2/655) and al-Inṣāf (3/227).
Which of the Remaining Six Categories Should Be Given Priority?
The scholars differed on this issue into two opinions.
First Opinion
The Shāfiʿīs and the Ḥanbalīs held that the worker on zakah is given priority over the other seven categories of zakah recipients.
See al-Majmūʿ (6/187), al-Mughnī (2/689), and al-Inṣāf (7/257).
They relied upon the ḥadīth:
“Give the worker his wage before his sweat dries, and inform him of his wage while he is still engaged in the work.”
This was recorded by Abū Yaʿlā (6682), al-Ṭaḥāwī in al-Mushkil (3014), and al-Bayhaqī (11659). Although its chain contains weakness, it is supported by corroborating reports.
They also argued that the worker receives zakah as compensation in exchange for work, whereas the other categories receive it as assistance and support.
Furthermore, his entitlement corresponds to a right earned through effort and labor, and therefore he is given priority, just as a wife's dower and maintenance take precedence because they are owed rights.
Second Opinion
The Ḥanafīs and Mālikīs held that priority is determined according to need.
The Ḥanafīs said that a debtor should be given priority over a poor person because the debtor’s need is more severe.
The Mālikīs stated that it is recommended to prefer a person in desperate necessity over others by increasing his share from the zakah.
See Ḥāshiyat Ibn ʿĀbidīn (2/61, 69) and al-Sharḥ al-Kabīr of al-Dusūqī (1/498).
Sale of Zakah Property by the Worker
It is not permissible for the collector (sāʿī) to sell any of the zakah property without necessity.
Rather, if he has been authorized to distribute it, he should deliver it in its original form to those entitled to receive it.
This is because the recipients of zakah are legally competent persons over whom no guardianship exists, and therefore it is not permissible to sell their property without their permission.
If he has not been authorized to distribute it, then he should deliver it to the imam.
If he sells it without necessity, he is liable for any resulting loss.
If a necessity arises requiring the sale of the zakah property—such as fear that some livestock may perish, danger on the road, the need to provide compensation (jabrān), the need to cover transportation expenses, or similar circumstances—then sale is permissible due to necessity.
This is mentioned in al-Majmūʿ (6/175), Mughnī al-Muḥtāj (3/119), and al-Mughnī (2/674).
Recommended Practices in Collecting and Distributing Zakah
It is recommended for the imam or the zakah worker to designate a month during which people will be visited for the collection of zakah from wealth that requires the completion of a lunar year before zakah becomes due, such as livestock, currency, and trade goods.
It is recommended that this month be Muḥarram.
This is based on the statement of ʿUthmān:
“This is the month of your zakah.”
Recorded by Mālik (685). Its basis is also found in al-Bukhārī (7338).
The reason is that Muḥarram is the first month of the lunar year, allowing owners of wealth to prepare to pay their zakah and recipients to prepare to receive it.
It is preferable that the worker set out before Muḥarram so that he arrives at the beginning of the month.
As for zakah on agricultural produce and fruits, for which the passage of a year is not required, the imam should send workers to collect it when it becomes due, namely at the time of harvest and gathering.
It is also recommended for the collector to count livestock at watering places if the animals normally come there, and otherwise in the courtyards of their owners, based on the statement of the Prophet ﷺ:
“The zakah of the Muslims is collected at their watering places or at their courtyards.”
Various reports supporting this meaning are cited by the author.
If the owner of the wealth informs the collector of the number of animals and the owner is trustworthy, the collector may accept his statement because he is trusted.
If he does not accept it, or wishes to exercise greater caution, he may count them himself.
If, after counting, they still disagree and the amount of zakah would differ as a result, then the counting should be repeated a second time.
The Manner in Which the Worker Carries Out Zakah Duties
It is permissible for the imam to appoint a collector solely to gather zakah without authorizing him to distribute it.
It is also permissible to appoint him both to collect and to distribute it.
This is because the Prophet ﷺ appointed Ibn al-Lutbiyyah to collect zakah, and he later returned to the Prophet ﷺ with what he had collected. Likewise, the Prophet ﷺ said to Qabīṣah:
“Remain, O Qabīṣah, until the charity comes to us, and we will order that some of it be given to you.”
He also instructed Muʿādh:
“Take charity from their wealthy and return it to their poor.”
If the Worker and the Owner of Wealth Differ Regarding the Zakah Threshold, Whether by Reducing It or Waiving Part of It
If the worker waives part of the zakah due from the owner of the wealth, or assesses an amount less than what the owner himself believes to be obligatory, then the owner of the wealth remains obligated, in what is between him and Allah, to pay the remainder of what he believes is due.
This is because he acknowledges that a greater amount is owed to those entitled to zakah.
Workers in Charitable Organizations That Collect Zakah
Workers in charitable organizations that collect zakah fall under the following ruling:
If a person receives a salary for his work, then he is not entitled to receive an additional share from the category of those employed over zakah.
This is analogous to the ruler and the judge, who, as mentioned previously, do not receive a share from the allocation of zakah workers by consensus because they already receive compensation from the public treasury.
See Badāʾiʿ al-Ṣanāʾiʿ (2/43), al-Tāj wa al-Iklīl (3/230), Rawḍat al-Ṭālibīn (2/313), and al-Mughnī (6/327).
The Ruling on Giving All of the Zakah to the Worker When No Other Category Exists
The scholars agreed that it is permissible for all of the zakah to be given to a single category of recipients.
However, they made an exception regarding those employed over zakah.
The reason is that the worker is a means through which zakah reaches others. Therefore, the means should not be given everything in a manner that causes the objective itself to be neglected.
Accordingly, if no category remains except the workers, they are not entitled to take all of the zakah.
And Allah knows best.
Issues Requiring Further Study
The person who merely executes the collection of zakah.
The worker involved in collection activities.
The administrative apparatus.
Customs authorities.
Whether a distinction should be made between a professional, full-time zakah worker and one who is not.
Conclusion
The most important findings are:
The term those employed over zakah includes those who bring zakah to the public treasury, those who preserve it, store it, and account for it when it arrives, and those who distribute it to the poor.
Those employed over zakah are one of the eight categories entitled to receive a share of zakah by explicit textual evidence and scholarly consensus.
The jurists mentioned several conditions for the zakah worker. Among the important conditions are that he be sane, discerning, trustworthy, knowledgeable of the zakah rulings relevant to his duties, and authorized by the legitimate authority.
Included among those employed over zakah are those responsible for investing zakah funds. It may also be argued that the general needs of zakah institutions may be financed from the allocation for zakah workers when no other source is available.
Scribes, weighers, and measurers are not included among those employed over zakah, unlike those whose task is to distinguish between the entitlements of the various recipient categories, whose compensation comes from the workers' allocation without disagreement. Likewise, rulers, governors, judges, and those who assist a worker when their assistance is not needed are not included.
The cost of loading and preparing zakah property is borne by the owner of the wealth, whereas transportation costs are borne by those employed over zakah.
The stronger view regarding the workers' share is that their compensation should be determined according to what is most beneficial and appropriate, taking into account differences in experience and expertise among workers. If the imam chooses to pay the workers' compensation from the public treasury, this is also permissible.
If zakah property is lost while in the worker's possession without negligence or misconduct, he is not liable for it.
The worker is among those categories of zakah recipients whose ownership becomes permanent upon receipt.
If more than one basis for receiving zakah exists in the same worker, he may receive on account of each basis independently.
A number of jurists stated that the worker should be given priority over the other categories of zakah recipients, although the view that priority should be determined according to need and benefit is a strong opinion.
It is permissible for the collector to sell zakah property when there is fear of loss or harm.
If the owner of wealth claims to have paid the zakah to the worker and the worker denies it, the owner's statement is accepted. If wealth owners testify that the worker distributed zakah in an improper manner, their testimony is accepted. By contrast, the testimony of zakah recipients for or against the worker is not accepted. If the worker and the zakah payer disagree regarding counting or calculation, the worker may not take the zakah while uncertain; rather, the count must be repeated until certainty is achieved.
A worker in zakah administration who is already a salaried employee is not entitled to an additional share from the allocation of zakah workers.
If no category of zakah recipients exists except the workers, they are not entitled to take all of the zakah, unlike the other categories of recipients.
And peace and blessings be upon our Prophet Muḥammad, his family, and his Companions.
Source (Arabic)