Giving Zakaat To Your Blood Brother Zakaat On A Cellphone

1) A person who has the Nisaab (Stipulated minimal threshold in Shariah which qualifies one as a Zakaat payer) and his blood brother is not a Nisaab holder and is in debt, then the brother who is a Nisaab holder can pay the Zakaat owed by him to his real brother. Actually, it is more virtuous to discharge his Zakaat to him in such a time of need. It is stated in Fataawa Hindiyah:

Translation: It is more virtuous to give Zakaat, Sadaqatul-Fitr, and Nazr (the vows) foremost to your brothers and sisters, thereafter to their children, then to your paternal uncles and aunts, then to their children, then to your maternal uncles and aunts, then to their children. Thereafter give it to relatives, then to your Muslim neighbours, then to your Muslim service professionals, and thereafter to your Islamic city or village. This is written in Siraaj-ul-Wahhaaj. (Fataawa Hindiyah, Vol.1, Page 209 - The Book of Zakaat) Therefore, in the above mentioned case posed in the question, the brother upon whom Zakaat is compulsory should pay his Zakaat to his brother who is in debt, who is then able to pay his debt to whomsoever he owes. Alternatively, the Saahib e Nisaab brother himself can pay his brother's debt through the use of his Zakaat money provided the brother who is Saahib e Nisaab obtains consent from his brother, who is a "recepient" of Zakaat (i.e, if he pays the owed amount) from his Zakaat to the debtor and the brother who is a receiver of Zakaat is aware of it and acknowledges it, then the Zakaat obligation of the Saahib e Nisaab will also be properly discharged. It is further mentioned in Fataawa Hindiyah:

Translation: If a person pays the debt of a poor person with the Zakaat obligation on his wealth, then it is permissible to pay it, provided, his (i.e. the recipient of Zakaat) permission is obtained. Should he pay it without his permission, then the Saahib e Zakaat's obligation will not be fulfilled although the debt would be waivered, the obligation upon the Saahib e Zakaat will still remain. (Fataawa Hindiyah Volume 1, Page 209, Book of Zakaat) 2) Zakat will not be obligatory on the said person because of him owning such a mobile, because in order for Zakaat to be obligatory, one of the conditions is that the Nisaab must be more than the actual needs. Thus, when such a person uses the mobile, it will be counted from amongst his primary necessities. Therefore, Zakaat will not be obligatory on it, whether the value is below or above the Nisaab.

It is stated in Fataawa Hindiyah:

Translation: One of the conditions for Zakaat to be obligatory is to eradicate the need for opulence (excessiveness). (Fataawa Hindiyah Volume 1, Page 190, Book of Zakaat) Similarly, in order for Zakaat to be obligatory, one of the conditions, is that the wealth be Naami (have potential for growth), while the use of a mobile does not fall into the category of that kind of wealth. It is in Fataawa Hindiyah:

Translation: One of the conditions for Zakaat being compulsory is to have a growth of wealth (an increase in value). (Fataawa Hindiyah, Volume 1, Page 192 / Book of Zakaat)