Voluntary charity (sadaqa al-tatawwu': its kinds, who gives and who receives, the property given, intention, secrecy, and withdrawal)

In language sadaqa is what is given seeking nearness to God; the word covers both zakat and voluntary charity, the first being the word for what is obligatory and the second for what is voluntary. As a term it is a transfer of ownership, in life and without return, made as an act of devotion. When the word stands alone, jurists usually mean voluntary charity. ¹ The kinds of charity are: obligatory zakat on property; zakat al-fitr on persons; what a person binds himself to by a vow; what is owed as a right of God, such as the ransom (fidya) and expiation (kaffara); and voluntary charity, which is the subject here. ³

Charity is recommended, and the Qur'an and the Prophet ﷺ's sayings encourage it in many places, including al-Baqara (2:245), and a saying that God accepts it with His right hand and makes it grow. Jurists also cite reports on the merit of feeding, giving drink to, and clothing a believer. ^{3 4} al-Nawawi notes that it is more meritorious in Ramadan, at important matters, during an eclipse, in illness and on a journey, in Makkah and Madina, in war and on the pilgrimage, and in the excellent times such as the first ten days of Dhu al-Hijja and the days of the feast. ⁴

A giver must be competent to give: sane, adult, of sound judgment and having authority over his property. Charity from a child or insane person is not valid, and a child who cannot yet discern has no capacity to act at all. Nobody may give from another's property without authority, and whoever does so is liable for it. ^{4 5 6} Most jurists allow a wife to give small things from her husband's house, such as a loaf, even without express permission, since the custom of the household makes such leave understood. A Hanbali view requires permission in every case. If the husband forbids it, or custom is unclear, or his consent is doubtful, she gives only with express leave. A treasurer is like her in reward. A competent adult woman may give from her own property beyond a third, in the views of the Hanafis and Shafi'is; the Malikis restrict her gifts beyond a third when they go to someone other than her husband. A dying person may give no more than a third, by agreement of the jurists. ^{6 7 8} Charity may go to a child, an insane person or a person under restraint, since it is a pure benefit to them. Jurists of the majority hold that the Prophet himself could not receive voluntary charity, as it was forbidden to him for the dignity of his office; they hold that obligatory charity may not go to the family of Muhammad, and most allow voluntary charity to them. ^{8 9} Charity to relatives and spouses is allowed, and some hold it recommended. The Shafi'is rank recipients: nearer kin first, then the hostile and more distant ones to win their hearts, then milk-kin, in-laws, clients and neighbours; a charity to a relative carries two rewards, that of charity and that of keeping ties of kinship. ^{9 10} Charity goes preferably to the poor and needy. A rich person may take it, since it is a gift, but is advised to abstain, and it is disliked for him to ask for it; it is forbidden for him if he shows need or begs. Some Shafi'is hold that the rich may ask for voluntary charity, and that the blame in the reports applies to asking for obligatory zakat. ^{10 11} On giving to non-Muslims, the Hanbalis and most Shafi'is allow voluntary charity to them in general; some Shafi'is restrict it to those under treaty, those hoped to convert, or captives; the Hanafis forbid it to those at war with the Muslims. ^{11 12} The property given should be lawful, good and free of doubt, and of good quality rather than inferior. The Qur'an forbids giving the bad, and Ibn al-'Arabi takes the verse as concerning voluntary charity. If the recipient knows the gift is unlawful or seized, he should not take it, though most jurists permit him to take it with disapproval. A person who owes unknown wrongs may give their equivalent from his property, and the Hanbalis hold it obligatory. ^{12 13 14 15} Charity should come from what exceeds the giver's needs and those he supports; to give away what is needed for dependants is a sin. The Malikis allow a sound adult to give all his property. The Hanbalis hold that one with earnings, or one who is sure of his patience and reliance on God, may do so; Abu Bakr gave all he had and 'Umar half, and giving all is otherwise disliked. ^{15 16 17} Charity is an act of devotion, so intention is required; it is recommended to intend its reward for all believing men and women, and some jurists allow the reward of any act of worship to be given to another. ¹⁷

Voluntary charity is better given in secret according to most jurists, though it is valid and rewarded when public; obligatory charity is better shown openly. Reproach and hurt in charity are forbidden and cancel its reward, as the Qur'an states in al-Baqara (2:262 and 2:264). ^{17 18 19} Most jurists allow giving in the mosque with disapproval; some set conditions, that the beggar not disturb worshippers, and al-Buhuti disliked begging in the mosque. ^{19 20} A giver may not take back what he has given, by agreement, since the purpose is reward, which has been obtained. The Malikis extend this to every gift made for the Hereafter, even from a father to his child, though a father may reclaim a gift to his child under conditions. ²¹