Praise be to Allaah.
In the answer to question no.
44039, we explained that if
the deceased had some wealth, then the expenses of preparing him for
burial are to be paid from his wealth. If he did not have any wealth, then
his shrouding should be paid for by the one who is obliged to spend on him
(such as his father or son, or a spouse). If that is not possible, then it
should be paid for from the bayt al-maal (treasury). If that is not
possible, then it must be paid for by the Muslims as a whole.
Based on that, it is not permissible to divert zakaah funds
to pay for burial preparations for the deceased, even if they were poor.
Al-Bahooti (may Allah have mercy on him) said in Kashshaaf
al-Qinaa‘ (2/271): Those who are entitled to zakaah… are eight
categories and it is not permissible to give it to other causes, such as
building mosques… shrouding the dead, donating Mushafs as a waqf or other
charitable causes. End quote.
Ibn Qudaamah (may Allah have mercy on him) said: It is not
permissible to spend it on other causes such as building mosques, repairing
roads or shrouding the dead, because Allah, may He be exalted, said [in the
verse on zakaah, al-Tawbah 9:60] “innama (‘only’)”, which means it is
limited only to what is mentioned, and everything else is not allowed. End
quote from al-Kaafi.
Shaykh Ibn ‘Uthaymeen (may Allah have mercy on him) said:
This is correct, and this is a good argument, and there is no evidence for
those who say that the phrase “and for Allaah’s Cause” [al-Tawbah 9:60]
includes all good actions because sabeel-Allah (Allah’s cause or the
way of Allah) is the way that leads to attaining His pleasure. We say: This
is mistaken, firstly because Allah mentioned that in the midst of other
specific things; i.e., if He had mentioned it at the end of this list, we
could have said that this is a generalization after mentioning specific
things, or if He had mentioned it at the beginning of this list, we could
have said that this is specifying after mentioning something general. But
because He mentions it in the midst of those who are entitled to zakaah, and
says “and for Allaah’s Cause”, this indicates that what is meant by “and
for Allaah’s Cause” is something specific, which is jihad for the sake
of Allah. Moreover, if we say that “and for Allaah’s Cause” is
general in meaning and includes all kinds of good deeds, then saying “only”
is redundant and makes no sense. The correct view is what the author (may
Allah have mercy on him) mentioned.
End quote from Sharh al-Kaafi.
And Allah knows best.