It is not permissible for a person who does not deserve Zakah to take and spend it on charitable activities

Fatwa no. 16692 I am a young man from Upper Egypt. I work as an Imam (the one who leads congregational Prayer) at a non-State-run Masjid (mosque) in Jeddah where the caretaker of the Masjid gives me 1,300 riyals as a salary. All praise is due to Allah, this salary suffices me and my five-member family. Every year in Ramadan, some frequenters of the Masjid give me and the Mu'adhin (caller to Prayer) some riyals. We used to spend them without knowing whether this money was a gift, Sadaqah (voluntary charity), or Zakah (obligatory charity). Therefore, I was concerned and feared that it might be Zakah. Thus, I decided to pay back all the money I took in the past years. It is about 4,500 riyals. I took this decision to apply the Hadith in which the Prophet (peace be upon him) stated: Leave what causes you doubt and turn to what does not cause you doubt. However, I do not own anything and I am indebted 6,000 riyals. I should mention that when I accepted this money I was in debt. For two years, a young man owed me 4,500 riyals. This young man is indebted and insolvent, and has yet to give me my money. If I drop this debt in return for (Part No. 8; Page No. 383) the sum of money which I took from Masjid frequenters, will my responsibility before Allah be discharged? Please advise, may Allah reward you. If I am given some money in Ramadan this year as usual, is it permissible for me to take it to clear my debts or should I reject it?

A: If what is given to you was a gift, you should know that the Prophet (peace be upon him) used to give and accept gifts. Therefore, it is recommended for Muslims to accept gifts as long as they are not in a position of authority, such as a judge and the like, and that the gift should not be from a borrower to a lender unless this is a practiced custom among people in a similar case. If the money you were given was Zakah, it is permissible for you to take it if you are one of its deserving recipients. Otherwise, it is impermissible for you to accept it and you have to pay the money back to the payer if you know him. If you do not know him, you should give such money to the poor and the needy, intending to do so on behalf of the owner of the money. It is impermissible for you to pay it to the indebted person. If the given money was Sadaqah, it is permissible for you to take it.May Allah grant us success. May peace and blessings be upon our Prophet Muhammad, his family, and Companions.