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Fatwa CenterUsing zakaah money to buy hospital accessories
Question
Assalaamu alaykum. I work in a hospital where certain accessories belong to zakah money. I have doubts about using them on people for whom this is impermissible. I want to compensate for this with an amount of money. Can I give it to any other organization or foundation? What should be my intention?
Answer
All perfect praise be to Allah, The Lord of the worlds. I testify that there is none worthy of worship except Allah and that Muhammad, sallallahu ‘alayhi wa sallam, is His slave and Messenger.
First of all, it is impermissible to spend the zakaah funds on hospitals regardless of whether it be for building or equipping them. Tamleek (direct transfer of ownership from the zakaah payer to the zakaah recipient) is one of the conditions for the validity of the zakaah.
Secondly, it is impermissible to pay the value of zakaah, according to the majority of the scholars. The Hanafis and those who followed their view, though, held that it is permissible to pay the value of zakaah. Hence, it is permissible, according to the Hanafis, to give out zakaah to the poor in the form of medicine and the like.
Thirdly, the owners of the hospital are the ones required to abide by these rulings. You are only required to clarify the relevant Shariah ruling to them when you are certain of the occurrence of a Shariah violation. However, if you only have doubts, you are not required to do anything.
If you clarify the Shariah ruling to them (in case you are certain of the occurrence of a Shariah violation), you have done what is required of you and have cleared your liability from the obligation in this regard; you are not required to pay any charity from your own money.
Allah knows best.
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