Is it permissible to consider the opinion that allows for the giving of zakat from the usufruct of real estate, or the usufruct of a permissible service, as a non-anomalous opinion, suitable for presentation to the petitioner?
The opinion that it is permissible to pay in the form of a usufruct (منفعة) is very weak and is not supported by strong evidence from the Quran or , nor from reputable scholars or the founders of the madhhabs. Usufructs are traded among people and contracts are made concerning them, yet no one has stated that it is permissible to pay Zakat as a usufruct. The Hanafis explicitly stated that it is not permissible to give a usufruct for Zakat, because Zakat is only discharged by transferring ownership of a tangible, valuable asset, and a usufruct is not such an asset. The majority of scholars originally prohibit giving the value [of the Zakat due], so for them, prohibiting a usufruct is even more paramount. Zakat is obligatory on the category of wealth, and it is permissible to give its value according to the Hanafis, provided that the poor person chooses it. Any other forms of payment not explicitly stated by the jurists are not permissible.
Summary from Ftawy's records · added here
Reviewed by El Fatwa's sharia committee.
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