Representative Exchanges the Zakat Notes

Question:

A person gave me one thousand rand (South African currency) and made me an agent to pass on this zakat to a person in India. I sent these notes along with other notes via a transferring agency. Over there my representative paid the zakat with another set of notes. Is the Zakat considered paid (valid)?

Answer:

Once the agent still has the notes of zakat, it will be considered paid (even) when he gives other notes. However, if he already spent the original notes of zakat and then he pays the zakat with other notes, zakat would not be considered paid (valid). Since the original notes were present in the above scenario, zakat was paid (valid). Another point is that the rand is not used in India, so transferring the money there means exchange it and transfer it. Zakat was considered paid because there was permission to change the notes.

The following is mentioned in Durr Mukhtaar:

ولو تصدق بدراهم نفسه أجزأ إن كان على نية الرجوع وكان دراهم الموكل قائمة … وفي الشامي: أي الوكيل بدفع الزكاة إذا أمسك دراهم الموكل ودفع من ماله ليرجع ببدلها في دارهم الموكل صح بخلاف ما إذا أنفقها أولا على نفسه ثم دفع من ماله فهو متبرع. (الدر المختار مع الشامي 4:290)

The following is mentioned in ‘Ahsanul Fatawa’:

“Zakat will in all cases be considered paid. However, the validity of changing the notes depends on the explicit or implicit permission of the one commissioning the agent (mu-ak-kil). Nowadays the norms is that there is such a permission. Therefore there is no need for an explicit permission. Yet, it is best to aquire an explicit permission.” (احسن الفتاوى 4:300)

The following is mentioned in ‘Heavenly Ornaments’:

“You gave a person R2 to be given to another person as zakaat. However, this person did not give the very same R2 which you had given to him. Instead, he gave another R2 which was in his personal possession and thought in his mind that he will take the R2 that you had given him. Even in this case the zakaat will be be fulfilled. However, this is on the condition that your R2 is in his possession and he is now taking your R2 in place of his R2. But if he spends your R2 first and thereafter gives his own R2 to a poor person, zakaat will not be fulfilled.” (Heavenly Ornaments, Chapter of Paying Zakat Pg.245 Darul Ishat)

And Allah Subhanahu wa Ta’ala knows best

(Hazrat Mufti) Radha-ul-Haq (May Allah preserve him)

Fatawa Darul Uloom Zakariyah Vol.3 Pg.192-3

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