charity." Agreed upon (2).
429 - Issue; He said: (And not for their freedmen [mawali]).
This means that the freedmen of the Banu Hashim, who are those whom a Hashimi has set free, are not to be given from the zakat. Most scholars said: It is permissible; because they are not relatives of the Prophet (peace be upon him), so they are not prohibited from charity like the rest of the people, and because they are not compensated for it with the fifth of the fifth [of the khums], as they are not given from it, so it is not permissible to deprive them of it like the rest of the people. Our position is based on what Abu Rafi‘ narrated, that the Messenger of Allah (peace be upon him) sent a man from the Banu Makhzum to collect charity, and he said to Abu Rafi‘: "Accompany me so that you may obtain something from it." He replied: "No, until I come to the Messenger of Allah (peace be upon him) and ask him." He went to the Prophet (peace be upon him) and asked him. He said: "Indeed, charity is not permissible for us, and the freedmen (1) of a people are from them." Narrated by Abu Dawood, al-Nasa'i, and al-Tirmidhi (2), who said: A Hasan Sahih [good and authentic] hadith. Furthermore, they are among those whom the Banu Hashim inherit from by agnation [ta‘sib], so it is not permissible to give charity to them, just as with the Banu Hashim. Regarding their claim that they are not relatives: we say they are in the position of relatives, by evidence of the Prophet’s (peace be upon him) statement: "The wala’ [patronage/clientage] is a bond like the bond of lineage" (4), and his statement: "The freedmen (1) of a people are from them." And it is established
Abu Dawood 2/133. And al-Nasa'i, in: The Chapter on Employing the Family of the Prophet (peace be upon him) for Charity, from the Book of Zakat. Al-Mujtaba 5/80. And Imam Malik, in: The Chapter on What Is Disliked Regarding Charity, from the Book of Charity. Al-Muwatta 2/1000. And Imam Ahmad, in: Al-Musnad 4/166. (2) Narrated by al-Bukhari, in: The Chapter on What Is Mentioned Regarding Charity for the Prophet (peace be upon him), from the Book of Zakat, and in: The Chapter on One Who Speaks in Persian or Foreign Tongues..., from the Book of Jihad. Sahih al-Bukhari 2/157, 4/90. And Muslim, in: The Chapter on the Prohibition of Zakat for the Messenger of Allah (peace be upon him)..., from the Book of Zakat. Sahih Muslim 2/751. It was also narrated by al-Darimi, in: The Chapter on Charity Not Being Permissible for the Prophet (peace be upon him) nor for his Household, from the Book of Zakat. Sunan al-Darimi 1/387. And Imam Ahmad, in: Al-Musnad 2/409, 410, 444, 476. (1) In [Copies] A and M: "mawla". (2) Narrated by Abu Dawood, in: The Chapter on Charity for the Banu Hashim, from the Book of Zakat. Sunan Abi Dawood 1/384. And al-Nasa'i, in: The Chapter on the Freedmen of a People Being from Them, from the Book of Zakat. Al-Mujtaba 5/80. And al-Tirmidhi, in: The Chapter on What Has Been Related Regarding the Dislike of Charity for the Prophet (peace be upon him)..., from the Chapters on Zakat. ‘Aridat al-Ahwadhi 3/158, 159. It was also narrated by Imam Ahmad, in: Al-Musnad 6/8, 9, 10, 390. (3) In [Copies] A and B: "yarithuhu". (4) Narrated by al-Hakim, in: The Chapter on Wala’ Being a Bond Like the Bond of Lineage, from the Book of Inheritance. Al-Mustadrak 4/341.
