its lineage, so it resembles the heir, and because there is a partial and constituent kinship between them, unlike others.
Section: As for other relatives, it is permissible to pay Zakat to those among them who do not inherit, whether the lack of inheritance is due to the absence of its cause, because they are distant relatives for whom neither Allah the Almighty nor His Messenger (peace and blessings of Allah be upon him) has prescribed a share of inheritance, or whether it is due to an impediment, such as being barred from inheritance, like a brother barred by a son or a father (3), and a paternal uncle barred by a brother or the brother's son, no matter how far down the line. It is permissible to pay Zakat to them because there is no constituent kinship or inheritance between them, so they resemble strangers. If there is inheritance between them, such as two brothers where each inherits from the other, there are two narrations. The first is that it is permissible for each of them to pay his Zakat to the other, which is the manifest position reported from him by the group. He said in the narration of Ishaq ibn Ibrahim and Ishaq ibn Mansur, when he was asked: "Does one give Zakat to a brother, sister, or maternal aunt?" He said: "He gives to all relatives except the parents and the child." This is the opinion of most scholars. Abu Ubayd said: "It is the opinion I hold, due to the statement of the Prophet (peace and blessings of Allah be upon him): 'Charity given to a poor person is charity, and for a relative it is two things: charity and maintaining ties of kinship' (4)." He did not stipulate whether it was voluntary or obligatory, nor did he distinguish between an heir and a non-heir. Furthermore, he is not from the two pillars of his lineage, so he resembles a stranger. The second narration is that it is not permissible to pay it to one who inherits from the payer. This is the apparent meaning of al-Khiraqi's statement, due to his words: "Nor to one whose maintenance is legally required of him."
= the Prophet (peace and blessings of Allah be upon him) to al-Hasan..., from the Book of Trials. Sahih al-Bukhari 3/244, 4/249, 5/32, 9/71. Abu Dawud, in: The beginning of the Book of the Mahdi; and in: The Chapter on what indicates the prohibition of speaking during trial, from the Book of Sunnah. Sunan Abi Dawud 2/423, 519. Al-Tirmidhi, in: The Chapter on the Virtues of al-Hasan and al-Husayn, peace be upon them both, from the Chapters on Virtues. 'Aridat al-Ahwadhi 13/194. Al-Nasa'i, in: The Chapter on the Imam addressing his subjects while on the pulpit, from the Book of Friday Prayer. Al-Mujtaba 3/88. (3) In the original: "and the father". In (A): "or for a father". (4) Reported by al-Tirmidhi, in: The Chapter on what has been said regarding charity given to a relative, from the Chapters on Zakat. 'Aridat al-Ahwadhi 3/160. Al-Nasa'i, in: The Chapter on charity given to relatives, from the Book of Zakat. Al-Mujtaba 5/69. Ibn Majah, in: The Chapter on the virtue of charity, from the Book of Zakat. Sunan Ibn Majah 1/591. Al-Darimi, in: The Chapter on charity given to a relative, from the Book of Zakat. Sunan al-Darimi 1/397. Imam Ahmad, in: Al-Musnad 4/17, 18, 214.