Question
An organisation, after conducting an evaluation on an applicant for zakaah, concluded that this applicant will be zakaatable based on the details given to the organisation. Applicant signed and acknowledged with regards to the accepting of zakaah.
After this applicant passed away, the heirs now have come forward and presented the following info:
That the deceased was receiving zakaah from the organisation but had an amount which was saved in the bank that was way more than nisaab, amount was more than R100 000. And now the heirs want to give back the amount that was accumulated by the deceased (from receiving the zakaah).
It was concluded that the applicant was not zakaatable for few years now due to the amount that deceased possessed. The organisation kept on giving zakaah and were not informed of any wealth accumulation from the applicant.
1. Should this wealth be returned to the organisation?
2. If it is returned, is this wealth considered to be lillah or zakaah. As we understand that zakaah can’t be given back.
3. And the zakaah that was discharged, and given to this “applicant”, is the zakaah discharged?
Answer
1. From your email correspondence, we understand and assume that the deceased left behind a sum of money that he had accumulated and saved from funds that he applied for under the pretext of being eligible for receiving Zakaat (whereas in reality, he was not eligible). If this sum of money was not spent by him in his lifetime, then yes, the entire sum of Zakaat funds that was wrongfully collected by him will have to be returned to the organization..
2. This wealth that is returned to the organization will be then be discharged by the organization as Sadaqah-e-Waajibah. This means that it will be given to such people who do not possess the Nisaab amount, viz. those who are eligible to receive Zakaat. However, it will not be considered as Zakaat, rather, it will be deemed as Waajib Sadaqah.
Your understanding that Zakaat cannot be given back is correct but this is only when the Zakaat was given to such a person who was truly entitled to receive Zakaat. In such a case, it would be impermissible to take that Zakaat back.
3. Yes (provided that the organization gave the Zakaat funds after having satisfied itself thatthe criteria for eligibility was found in the recipient), the Zakaat will be discharged.
Checked and Approved By:
Mufti Muhammed Saeed Motara Saheb D.B.
References
(يجب) وظاهر الآية أنه فرض نهر ج ٦ ٥
رد المحتار على الدر المختار ج٥ ص ٩٩
رد المحتار على الدر المختار ج٦ ص ٣٨٥