Giving Zakaat funds as Qardh Hasanah

Category: 

Zakaat & Charity

According to Madhhab: 

Hanafi

Reference: 

1440-180

Question: 

Can a person give his Zakaat money as a Qardh Hasanah, and if the money is returned then he would give it to another recipient as Zakaat? 
In the case of it not being permissible, and a person had been doing so, then what should he do? 

Answer: 
Zakaat will not be regarded as discharged if it was given with the intention of a Qardh Hasana. (Shaami Vol. 3 Pg. 187). If however, a person when giving the wealth makes the intention of Zakaat (and does not intend to take the back the wealth) then irrespective of whether he verbally terms it as a loan, gift or anything else for that matter, the Zakaat will be discharged. (Shaami Vol. 2 Pg. 268). One could thus discharge the wealth of Zakaat by calling it a Qardh-Hasana, but one would have to make the intention of discharging of Zakaat (with no intention of recouping it) and it would not be permissible to take back the wealth. In short, the intention in the heart (of discharging Zakaat) is the yardstick and criterion and not what was said verbally (irrespective of whether it was termed verbally as a gift or as a loan).
In the case where one had already given his Zakaat with the intention of Qardh-Hasana it would not be regarded as discharged. Hence if one had done so then it would be necessary to re-discharge the Zakaat, irrespective of whether the money was returned or not.
However if at the time of giving the Zakaat (in spite of terming it as Qardh-Hasana), one had intended Zakaat (with this in mind that he would not take back anything), then the Zakaat would be discharged and it would not be permissible to take back the wealth. If it was taken back it would have to be returned. (Shaami Vol. 3 Pg. 187) 

AND ALLAH TA'AALA ALONE IN HIS INFINITE KNOWLEDGE KNOWS BEST
ANSWERED BY: Abdullah Bin Riyaadh
CHECKED AND APPROVED BY:  Mufti Muhammed Saeed Motara Saheb D.B. 
Islamic Date:14 Rabi'ul Awwal 1440  English Date: 22 November 2018

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