from Ahmad. The generality of the verse (2) requires their inclusion. Some of the Shafi'i companions said there is another opinion, which is that it is for both the rich and the poor, due to the generality of the text (3) regarding every orphan, and by analogy to the share of the kin. Also, if he had restricted it to the poor, they would have been included in the category of the indigent who are the recipients of the fourth share, and there would have been no need to mention or name them specifically. Our companions said: It is distributed among the orphans in all regions, and it is not restricted (4) to the people of that particular military campaign. The ruling regarding it is the same as the ruling for the share of the kin, and our statement concerning that has already preceded.
1081 - Issue: He said: (And the fourth fifth is for the indigent).
They are those in need, and the poor are included among them. The poor and the indigent are two categories in Zakat, but one category here and in all other rulings. Distinction between them only occurs when they are grouped together using both terms, and this does not occur except in Zakat, and we will mention them in its categories (1). Our companions said: It covers all of them in all lands, as is their statement regarding the share of the kin and the orphans, and our statement on that has already preceded.
1082 - Issue: He said: (And the fifth fifth is for the wayfarer).
We will also mention him in the categories of Sadaqah (charity). Each one of them is given an amount that will convey him to his land, because our giving to him is for the sake of need, so he is given in accordance with that. If several causes are combined in one person, such as the indigent person who is also an orphan and a wayfarer, he is entitled to [a share] for each one of them (1); for these are causes for rulings, so it is necessary that we affirm their rulings, just as if each existed individually. If he gave him [the share] due to his orphanhood and then his poverty ceased, he is not given anything for his poverty.
(2) In A: "the text". (3) In A: "the verse". (4) In M: "and restricts". (1) In B there is an addition: "if Allah wills". See what follows on 306 and after. (1) In A and M: "of them".
