Is Zakat permissible to be given between two relatives who are mutual heirs?

Chapter on Zakat on Sheep

Al-Mughni

Book of Zakat

Book 8 · Issue 2 · Bab 3

Open in Qurani

Primary text

There are two reported opinions regarding giving Zakat between two individuals who inherit from each other (e.g., full siblings). The established view, reported from the Imam by the majority of scholars, is that it is permissible for each to give their Zakat to the other. The evidence cited is the Prophet's saying: The charity given to a poor man is a charity, and for a relative it is two: a charity and maintaining kinship. This narration did not stipulate that the recipient must be a non-obligatory (supererogatory) or obligatory recipient, nor did it differentiate between an heir and a non-heir. Furthermore, such a relative is not a primary pillar of one's lineage, thus resembling a stranger.

Supporting text

The second view prohibits giving Zakat to the one who would inherit from the giver. This aligns with the opinion that one should not give Zakat to someone whose maintenance (nafaqah) is obligatory upon them, because giving Zakat serves to cover that maintenance obligation, meaning the benefit returns to the giver, similar to using Zakat to pay one's debt or maintain a parent. This view also suggests the Hadith concerning charity and kinship applies only to voluntary charity (Sadaqah al-Tatwwu').