May an agent, entrusted to distribute charity (Sadaqah) to the poor, take a portion for himself if he is himself poor?
General Chapter
Al-Mughni
Book of Agency
Primary text
The established view from Ahmad ibn Hanbal is that the agent is prohibited from taking any part of the funds intended for the poor or other good causes if he is in need. The explicit instruction from the principal (Muwakkil) implies the transfer of the funds to others. However, an alternative view permits the agent to take a portion if the general wording of the commission encompasses him, as the underlying reason for entitlement is met, and the wording applies to him just as it applies to others.
Supporting text
A third possibility suggests referring the matter to circumstantial evidence (Qara'in al-Ahwal). If the prevailing assumption is that the principal intended the agent to benefit generally, the agent may take. If the assumption is contrary, he cannot take. If the two possibilities are equal, two legal opinions arise.