Ibn Jubayr, al-Hasan, al-Nakha'i, and 'Ata'. Al-Thawri, Abu 'Ubayd, and the jurists of the school of opinion (Ashab al-Ra'y) also held this view. It was narrated from al-Nakha'i that he said: 'If the wealth is abundant and can accommodate all the categories, he should distribute it among them; but if it is small, it is permissible to place it in one category.' Malik said: 'He should exercise discretion regarding where the need lies among them, and prioritize the most deserving.' Al-'Ikrimah and al-Shafi'i said: 'It is obligatory to distribute the Zakah of every category of his wealth among those who are present from the six categories whose shares are fixed, dividing it equally. Then, the portion of each category among them is not to be disbursed to fewer than three of them, if he finds three or more. If he does not find but one, he should disburse the share of that category to him.' Al-Athram also narrated this from Ahmad, and it is the chosen view of Abu Bakr, because Allah the Almighty designated the charity for all of them and made them partners in it, so it is not permissible to limit it to some of them, like the people of the Khums (one-fifth tax). Our position is the statement of the Prophet, peace and blessings be upon him, to Mu'adh: 'Inform them that they have a charity, which is to be taken from their wealthy and returned to their poor.' He informed him that he was commanded to return its entirety to the poor, and they are one category, and he mentioned no one else. Then, wealth came to him after that, and he placed it in a second category besides the poor, which are the ones whose hearts are to be reconciled (al-mu'allafati qulubuhum): al-Aqra' ibn Habis, 'Uyaynah ibn Hisn, 'Alqamah ibn 'Ubathah, and Zayd al-Khayl; he distributed among them the small amount of gold that 'Ali had sent to him from Yemen. It is only taken
(2) In A, B, and M: 'the present one'. (3) In M: 'their shares'. (4) In M: 'and if'. (5) Its verification has previously appeared on page 5. (6) Diminutive of gold. (7) Al-Bukhari recorded it in: The Chapter on the Statement of Allah the Almighty: {And to 'Ad [We sent] their brother Hud...} from the Book of Prophets; in the Chapter on the Mission of 'Ali ibn Abi Talib... from the Book of Military Expeditions; and in the Chapter on the Statement of Allah the Almighty: {The angels and the Spirit ascend to Him} from the Book of Tawhid. Sahih al-Bukhari 4/166, 167; 5/207; 9/155. Also Muslim in: The Chapter on Mentioning the Khawarij and their Attributes, from the Book of Zakah. Sahih Muslim 2/741, 742. Abu Dawud in: The Chapter on Fighting the Khawarij, from the Book of Sunnah. Sunan Abi Dawud 2/543, 544. Al-Nasa'i in: The Chapter on those whose hearts are to be reconciled, from the Book of Zakah; and in the Chapter on One Who Draws his Sword and then Uses it against People, from the Book of Prohibition. Al-Mujtaba 5/65, 66; 7/108, 109. Imam Ahmad in: Al-Musnad 3/68, 72, 73.