Answered by Shaykh Amjad Rasheed
Translated by Ustadha Shazia Ahmad
A person commissioned with distributing his zakat to poor people and I myself am very poor. Is it permissible for me to take some of that money, as the scholars say? Can I take all of this money or a part of it without telling the person who entrusted me with it? Can I give some to my poor sister? If this is not permissible, what should I do if I already have done so in the past?
It is not permissible for one who is commissioned with distributing zakat to deserving recipients to take the money himself, nor can he give it to those that he supports such as his children even if they are very poor and deserve it. It says in the Tuhfa (7/174), “And even if one was told, ‘Distribute this to those short of money, neither oneself nor one’s dependents are included [in those who may be given the wealth] even if [the owner of the wealth] explicitly said [that you can take the money for yourself or your dependents].’ The same ruling can be found in the Nihaya.
As for the poor sister, it is permissible to give some to her, because she qualifies as someone short of money (miskinah), and it is not obligatory for her brother to support her.
However, if the owner of the money has:
(1) stated that the person charged with the job may take some for himself and his family, and
(2) he has specifically stated how much he can take and
(3) he has set it apart for him,
Then it is permissible. Al-Shabramallisi mentioned this in his super-commentary on the Nihaya. Also, refer to the Hashiyat al-Shirwani (7/174).
So based on this, if the person in charge has already taken some of the money that he was commissioned to distribute without the owner having specified an amount and set it apart for him, it is obligatory for him to return it and give it to deserving zakat recipients.
أما الأخت الفقيرة فيجوز إعطاؤها من هذا المال ؛ لأنها داخلة اسم المساكين وهي ممن لا تجب نفقتها على أخيها .
نعم إن صرَّح مالك المال للوكيل بأن يأخذ لنفسه أو عياله من ذلك المال وعيَّن له قدرَ ما يأخذ وأفرزه له جاز ذلك كما قاله الشبراملسي في “حاشيته على النهاية” . وانظر : حاشية الشرواني (7/174) وعليه : إذا كان الوكيلُ قد أخذ شيئاً من المال الموكل بتفريقه من غير تعيين المالك له قدراً وإفرازه ذلك وجب عليه ردُّ ما أخذه من المال وتفريقه على المستحقين .