Is it permissible for the person who paid Zakat to subsequently purchase the property that was given as Zakat?
Chapter on Zakat on Sheep
Al-Mughni
Book of Zakat
Primary text
It is not permissible for the one who paid the Zakat (*mukharrij*) to purchase what has reached the recipient. This view is attributed to al-Hasan and is the position of Qatadah and Malik. The supporters of Malik's school maintain that if he purchases it, the sale is not invalidated. The primary evidence against this is the narration of 'Umar, who sought permission from the Messenger of Allah (peace be upon him) to buy back a horse he had gifted for the cause of Allah, which the trustee neglected. The Prophet (peace be upon him) forbade him, stating, 'Do not buy it, nor return to your charity. Even if he gave it to you for a dirham, the one who returns to his charity is like a dog returning to its vomit,' which is agreed upon (Muttafaqun 'alayh). This prohibition rests on the general meaning of the text, as returning to one's charity through purchase is likened to returning to one's vomit, prioritizing the general ruling over the specific cause of the narration.
Supporting text
Al-Shafi'i and others permit the purchase based on the hadith stating that charity is not permissible for the wealthy, except for five categories, one of whom is 'a man who buys it with his wealth.' Furthermore, they cite the narration where a man gifted charity to his mother who then died; the Prophet (peace be upon him) said Allah accepted the charity and returned it to him as inheritance, analogizing this to purchasing. They argue that what is permissible to own by inheritance is permissible to own by purchase, similar to other wealth.