Question
What is the ruling on giving zakat to the family of the Prophet, peace be upon him?
Answer
I say, and with God's success: The Hanafi, Shafi'i, Maliki, and Hanbali schools of thought agree that it is not permissible to give zakat to the Banu Hashim, who are the family of Ali, the family of Abbas, Ja'far, and Al-Harith bin Abdul Muttalib; due to clear evidence in this regard, including:
1. The Prophet (peace be upon him) said: "Charity is not lawful for the family of Muhammad; it is merely the filth of the people" in Al-Muwatta 2: 1000, and Sahih Muslim 2: 756. The meaning of the filth of the people is that it purifies their wealth and souls, as Allah says: {Take, [O Muhammad], from their wealth a charity by which you purify them and cause them to grow...} [At-Tawbah: 103], so it is like washing away impurities.
2. From Abu Huraira (may Allah be pleased with him): He said: "Al-Hasan bin Ali (may Allah be pleased with him) took a date from the dates of charity and put it in his mouth, so the Prophet (peace be upon him) said: 'Khh, khh. Throw it away; do you not know that we do not eat charity?'" in Sahih al-Bukhari 2: 542, and Sahih Muslim 2: 756. Imam Al-Nawawi said: "This expression is said regarding something that is clearly prohibited and similar, even if the addressee is not aware of it, and its meaning is: I am astonished how this was hidden from you despite its clear prohibition" as mentioned in Al-Nawawi's explanation of Muslim 7: 175, and Al-Suyuti's explanation of Muslim 3: 170.
Here are some statements from the jurists of the schools that are explicit in this matter:
Shams Al-A'immah Al-Sarakhsi, the Hanafi, said in Al-Mabsut 3: 2: "If he gives it to a Hashimi or a freed slave of a Hashimi while knowing his condition, it is not permissible... and this is in obligatory matters, but in voluntary acts and endowments, it is permissible to give to them, and this is narrated from Abu Yusuf and Muhammad (may Allah be pleased with them) in Al-Nawadir; because in obligatory acts, the one who fulfills it purifies himself by fulfilling the obligation, and the one who fulfills it becomes impure like used water, while in voluntary acts, he donates what he is not obliged to, so he does not become impure by fulfilling it like one who cools himself with water." In Al-Lubab 1: 78: "Indeed, Allah has prohibited them from the filth of the people and compensated them with the fifth of the war booty."
Imam Al-Shirazi, the Shafi'i, said in Al-Muhadhab 1: 308: "It is not permissible to give zakat to a Hashimi," and similarly in Kifayat Al-Akhiyar 1: 277.
Imam Ibn Qudamah Al-Maqdisi, the Hanbali, said in Al-Mughni 2: 517: "We do not know of any disagreement that the Banu Hashim are not allowed the obligatory charity..." This is the relied-upon view in the schools, except that we find that some jurists of the schools permitted giving them zakat when they are denied their right in the fifth:
Abu Said Al-Istukhri, the Shafi'i, said: "If they are denied their right in the fifth, it is permissible to give to them; because they were only prohibited from zakat due to their right in the fifth of the fifth, so if they are denied the fifth, it is obligatory to give to them." However, Imam Al-Shirazi clarified that the relied-upon view is not to give to them even if they are denied the fifth, as he said in Al-Muhadhab 1: 308: "The first opinion is that zakat is prohibited for them due to their honor with the Messenger of Allah (peace be upon him), and this meaning does not disappear with the denial of the fifth."
And from Imam Al-Qadi Abu Yusuf (may Allah be pleased with him): It is permissible to give to some of them from one another, and this is also a narration from Imam Abu Hanifah (may Allah be pleased with him).
Abu 'Asim narrated from Imam Abu Hanifah (may Allah be pleased with him) that it is permissible to give to the Banu Hashim in his time; because their compensation is the fifth, and the fifth of the fifth did not reach them due to people's negligence regarding the war booty and delivering it to those who do not deserve it. So if it does not reach them the compensation, they return to the compensatory, and Al-Quhistani confirmed this. This is also mentioned in the explanation of Al-Multaqa. See the footnote of Al-Tahawi on Al-Maraqi 2: 719.
In the Fiqh Encyclopedia 1: 102: "It is well-known among the Malikis that the prohibition of giving zakat to the Banu Hashim applies if they are given what they are entitled to from the public treasury. If they are not given, and poverty harms them, they are given from it, and giving to them then is better than giving to others.
And Al-Baji restricted this to when they reach a state in which it is permissible for them to eat carrion, not mere harm, and the apparent view is contrary to this, that they are given in times of need even if they do not reach a state where it is permissible to eat carrion; because giving to them is better than serving a dhimmi or an oppressor...
And the apparent ruling from the general prohibition among the Hanbalis is that charity is prohibited for the family even if they are denied their right in the fifth."
In summary, the four schools agreed on the prohibition of giving zakat to the Banu Hashim due to the explicit prophetic prohibition that it is the filth of people's wealth, and this is general among the Shafi'is and Hanbalis whether they are given from the fifth or not, except for what Al-Istukhri said from the Shafi'is. However, the Malikis restricted the prohibition after giving if they are given the fifth, and if they do not take the fifth, it is permissible for them to take zakat, and among the Hanafis, it was reported from Abu Hanifah (may Allah be pleased with him) that it is permissible to give them zakat if the fifth is not given to them, and it is also permissible for some of them to give zakat to one another. And Allah knows best, and His knowledge is most just.