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Can zakah be given to a non-slave maid?

Answered as per Hanafi Fiqh by Darulifta-Deoband.com
I am from a Syed family and my father’s family claim that, we are the descendants of the Prophet Muhammad (PBUH). Our family even keep a family tree (a list of the name of our ancestors) where the first name is of our beloved Prophet Muhammad (PBUH). Allah knows better that this tree is actually correct or not and after this very long period of time if anybody in this world can or cannot be proclaimed that he or she belongs to the family of the Prophet Muhammad (PBUH). Anyway, now, I am married to a non Syed (Khan) gentleman and have become sahib-e-nisab by the total jewellery I got at my marriage ceremony. I have a maid servant sent from my parents home to help me rearing my newborn. Can I give a part of my zakah to her? It is notable that, she is not a slave (bought servant) at all. Her parents sent her to us just to live better, eat better and learn better (May Allah give the tawfiq and forgive the faults) as they trust to be. She does not receive any prefixed salary or any notable money. Seems happy only with food! Can I give a part of my zakah to her?

بسم الله الرحمن الرحيم

(Fatwa: 803/707/N=8/1439)

If your maid stays with you merely to live better, to eat better and to learn better and looks after your newborn and she is not a employed with salary and she is eligible to receive zakah i.e. she is adult, and she does not belong to a Sayed family and she is also not sahib-e-nisab, and, if she is not adult and her father is not sahib-e-nisab then you may give her your zakah as a gift. However, if any servant bearing the above mentioned qualities is your salaried employee then you may also give her zakah amount in the name of gift other than the salary.

قال الله تعالى: إنما الصدقت للفقراء والمساكين الآية (سورة التوبة: 60)، ولا إلى غني يملك قدر نصاب فارغ عن حاجته الأصلية من أي مال كان الخ، …………ولا إلى بنى هاشم الخ (الدر المختار مع رد المحتار، كتاب الزكاة، باب المصرف، 3: 295-299، ط: مكتبة زكريا ديوبند)، يصرف المزكي إلى كلهم أو إلى بعضهم، …………ويشترط أن يكون الصرف تمليكا، …….، لا يصرف إلى بناء نحو مسجد (المصدر السابق، ص: 291).

Allah knows Best!

Darul Ifta,
Darul Uloom Deoband

This answer was collected from the official ifta website of Darul Uloom Deoband in India.