Banu Hashim; for Banu Hashim are closer to the Prophet (peace be upon him) and more noble, and they are the family [Al] of the Prophet (peace be upon him). The participation of Banu al-Muttalib with them in the fifth of the fifth is not something they earned by mere kinship, for the evidence is that the Banu ‘Abd Shams and Banu Nawfal are equal to them in kinship but were not given anything. Rather, they participated with them due to [their] support [nusra], or due to both; and support does not necessitate the prohibition of zakat.
Section: Al-Khallal narrated, with his chain of narration from Ibn Abi Mulaykah, that Khalid ibn Sa‘id ibn al-‘As sent a vessel of charity to ‘Aishah. She returned it and said: "Indeed, we, the family of Muhammad (peace be upon him), charity is not lawful for us" (10). This indicates its prohibition for the wives of the Messenger of Allah (peace be upon him).
Section: The apparent meaning of al-Khiraqi’s statement here is that the relatives [dhu al-qurba] are prohibited from [receiving] charity, even if they are collectors [of zakat]. He mentioned in the Chapter of Distributing the Fay’ and Charity something that indicates the permissibility of their taking it as a wage [‘imalah] (11). This is the opinion of most of our companions; because what they take is a wage, so it is permissible for them to take it, like a porter or the owner of a warehouse if they hired him for his warehouse. As for us, there is the hadith of Abu Rafi‘ which we have already mentioned (12), and what Muslim narrated (13) with his chain of narration, that Rabi‘ah ibn al-Harith and al-‘Abbas ibn ‘Abd al-Muttalib met and said: "By Allah, if we sent these two young men to the Messenger of Allah (peace be upon him) and they spoke to him, and he appointed them over these charities, they would perform what the people perform and receive what the people receive?" While they were in that state, ‘Ali ibn Abi Talib came and stood over them, and they mentioned that to him. ‘Ali said: "Do not do it. For by Allah, he will not do it." Rabi‘ah ibn al-Harith addressed him saying: "By Allah, you only do this out of jealousy towards us." He said: So ‘Ali threw down his garment, then lay down, then said: "I am Abu Hasan (14) the Qarm (15). By Allah, I will not leave my place until your two sons return to you
(10) Narrated by Ibn Abi Shaybah, in: The Chapter on One Who Said Charity Is Not Lawful for the Banu Hashim, from the Book of Zakat. Al-Musannaf 3/214. (11) In A and M: "‘umlah". (12) Its authentication was previously provided on page 110. (13) Its authentication was previously provided on page 109. (14) In A, B, and M: "Abu al-Hasan". (15) Dropped from A and M. In the original and B: "al-qawm".
