I have a small factory for producing fabric that consists of 2 machines. Each one needs 2 workers; one for the morning shift and the other for the night shift which means a total of 4 workers. I was obliged to sell one of the machines hoping that, Allaah Willing, within 4 months I would buy another. The presence of 4 workers for only one machine constitutes a burden on me and entails a lot of expenses. Is it permissible for me to keep the two workers who are responsible for the machine that was sold, allow them to attend the shift with their colleagues and deduct their wages from the Zakaah of my wealth as I do not need them and they are in dire need to work?

All perfect praise be to Allaah, The Lord of the Worlds. I testify that there is none worthy of worship except Allaah, and that Muhammad, sallallaahu ‘alayhi wa sallam, is His Slave and Messenger.

If you do not need these workers currently, let them know this so that they can search for another work. It is impermissible for you to keep them in the shifts and give them from the Zakah because they deserve the wage as they freed themselves for work whether they did work or not. Therefore, it does not avail you to pay Zakah for them for two reasons:

First: their capacity to earn money, work and attain what suffices them. This means that Zakah is not lawful for them because they are not needy as they are capable of working. ‘Ubaydullaah ibn ‘Adayy ibn Al-Khiyaar said: "Two men informed me that they went to the Messenger of Allaah, sallallaahu ‘alayhi wa sallam, and asked him for charity. He looked them up and down, and seeing that they were robust he said: 'If you wish, I shall give you something, but there is nothing share in it for a rich man or for one who is strong and able to earn a living.'" [Ahmad, Abu Daawood and An-Nasaa’i] If rich people receive charity, this will prevent it from reaching those who deserve it and violate the purpose of it being obligatory which is to suffice the poor. The Prophet, sallallaahu ‘alayhi wa sallam, gave these two men in spite of their strength because they did not find work.

Second: because they deserve to earn the wage from you as they freed their time for work. It is impermissible for you to free your liability of two obligations by performing only one. If you dismiss them from work and they do not find a job with which they suffice themselves, there is no harm in paying Zakah for them as long as they deserve it.

Allaah Knows best.