Q 1: I am a university student and I barely have enough food to last the day. This is also the case with my brother who is studying abroad. I have a family of six sisters and my mother. Praise be to Allah, my mother observes Salah (prayer) regularly, observes the Sawm (fast) of Ramadan (the ninth month of the Islamic calendar), and obeys her Lord as much as she can. My father (may Allah be merciful to him) passed away and left us some money on which we depend (Part No. 8; Page No. 252) after putting our trust in Allah (Glorified and Exalted be He). The problem is two-fold:First: The money that my father left is deposited in a Riba (interest)-bearing bank and none of us has the right to dispose of it except my mother, who only uses it to buy our clothes, food, necessary commodities, and education. I advised her repeatedly using all possible ways of kind encouragement, and firm discouragement, to withdraw the money from the said bank. At times our discussions go further and become far worse, until quarrels and estrangement take place due to this issue.Second:
She refuses to pay the due Zakah claiming that we are orphans and more in need of it than others.
She also argues that there is no one who legally deserves it in our community. And even if the legal recipient is found, you will find him a drunkard who squanders all his money on wine-drinking until he becomes insolvent; or a smoker who wastes his money on smoking. When I advise her vehemently, she only pays a small sum and asks that I send the rest to my brother for his education. I reply that it is impermissible to pay the Zakah to my brother because he has a share in the money, but she claims that she has asked people who say it is permissible to do so.Please, guide me regarding what I should do and how to behave with her? I fear that Allah will reject my Du`a' (supplication) because my food, drink, and clothes are Haram (prohibited i.e. of prohibited source)? How can my Du`a' be answered? How do I escape this problem and what is the solution for it?
A 1:
First:
Depositing money in a Riba-bearing bank is permissible, if no interest is taken on the money, when necessary. However, if the deposit yields a usurious interest, it is impermissible, for this is a form of Riba (usury). (Part No. 8; Page No. 253)
Second:
If the money reaches the Nisab (the minimum amount on which Zakah is due) and a full Hawl (one lunar year calculated from the time a property reaches the minimum amount upon which Zakah is due) passes, Zakah becomes due on it even if it is in the possession of orphans and their likes. You should be kind to your mother when showing her the Islamic ruling. Her claim that there are no poor people is not a legal excuse for her to withhold Zakah, because Zakah is Wajib (obligatory). Allah (Exalted be He) states:
And those who hoard up gold and silver [Al-Kanz: the money, the Zakât of which has not been paid] and spend them not in the Way of Allâh, announce unto them a painful torment.
On the Day when that (Al-Kanz: money, gold and silver the Zakât of which has not been paid) will be heated in the Fire of Hell and with it will be branded their foreheads, their flanks, and their backs, (and it will be said unto them): "This is the treasure which you hoarded for yourselves. Now taste of what you used to hoard."
The Prophet (may Allah's Peace and Blessings be upon him) also stated:
If any owner of gold or silver does not pay what is due on him, when the Day of Resurrection would come, plates of fire would be beaten out for him; these would then be heated in Hellfire and his sides, his forehead and his back would be cauterized with them. Whenever these cool down, (the process is) repeated during a day the extent of which would be fifty thousand years, until judgment is pronounced among worshippers, and he sees whether his path is to take him to Jannah (Paradise) or to Hellfire.
You should continue to advise your mother and clarify for her that the payment of Zakah is a source of blessing and abundance. If she gives the Zakah to you, then give it to the poor and do not send it to your brother, because it is the due Zakah on your and his money. (Part No. 8; Page No. 254) May Allah grant us success. May peace and blessings be upon our Prophet Muhammad, his family, and Companions.