Is it permissible for a master to pay his Zakat dues to his *mukatab* (indentured servant)?

General Chapter

Al-Mughni

Book of Deposits

Book 34 · Issue 1 · Bab 1

Open in Qurani

Primary text

It is permissible for the master to give his Zakat to his *mukatab* because, in matters of transaction, the *mukatab* is treated as a non-relative, such that usury (riba) may occur between them, making the situation analogous to one debtor paying his creditor. Furthermore, it is permissible for the *mukatab* to return this amount to his master as settlement of the writing contract (*kitabah*), as it returns to him by way of fulfillment. Ibn Aqil stated that giving Zakat to the master of the *mukatab* in fulfillment of the writing contract is permissible, and this is preferable because it hastens the freedom of the servant and reaches the intended goal of the Zakat payment, as the *mukatab* might use the funds or might not.

Supporting text

Sufyan and Imam Ahmad held the view that a master must not give from his Zakat to his *mukatab*, reasoning that the *mukatab* is considered like a slave belonging to the master, as the master retains rights over him (such as inheritance if the contract fails, and rights regarding testimony and *walaa* [patronage]).