al-Khiraqi; because all of this is part of the way of Allah. Furthermore, the poor person has no obligatory duty [of Hajj] upon him, so for him, Hajj is like a supererogatory act. Therefore, based on this, it is permissible to give him what is sufficient to perform a complete Hajj, and what suffices him during his Hajj. However, it is not permissible for him to perform Hajj from his own Zakat, just as it is not permissible for him to go on a military expedition (ghazw) with it.
1095 - Issue: He said: "And the wayfarer (ibn al-sabil), who is the one stranded, even if he possesses wealth in his own land, he is to be given from the Sadaqah [Zakat] what will bring him [to his destination]."
The wayfarer is the eighth category of those eligible for Zakat. There is no disagreement regarding his entitlement and the persistence of his share. The wayfarer is the traveler who does not possess what is necessary to return to his land, even if he has wealth in his land, so he is given what will enable him to return. This is the view of Qatada. A similar view is held by Malik and the Ashab al-Ra'y (the Hanafi scholars). Al-Shafi'i said: He is the passerby (al-mujtaz), as well as someone who intends to initiate a journey to another land; thus, both are given what they need for their outward journey and their return. This is because he intends to travel for a purpose that is not an act of disobedience, so he resembles the passerby. Our view is that the wayfarer (ibn al-sabil) is the one who is committed to the path and is currently on it, just as it is said "child of the night" (walad al-layl) for someone who frequently travels in it. The one residing in his land is not on a path, and the ruling of one who is on the path is not established for him. For this reason, the ruling of travel is not established for him by his intention to travel without the act itself. Furthermore, the term "wayfarer" is only understood as the stranger, not one who is in his homeland and dwelling, even if his need reaches its limit. Therefore, it is obligatory that the one mentioned in the verse be interpreted as the stranger and no one else. He is given [Zakat] even if he possesses wealth in his land, because he is unable to reach it and benefit from it, so it is as if it were non-existent in his case. If the wayfarer is also poor in his own land, he is given [Zakat] due to his poverty and his status as a wayfarer, as both conditions exist in him. He is given for being a wayfarer the amount that...
(14) In the Original and M: "fi" (in). (1) In A and M: "qala" (he said). (2) In the manuscripts: "al-mukhtar" (the chosen one). (3) Omitted from B. (4) In B: "mithluhu" (the like of it). (5) In A and B: "wa-li-kawnihi" (and for his being). (6) In M: "al-sabil" (the path).