What is the ruling if one pays zakah early and then the wealth perishes?
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The questioner : Among the issues is if one hastens the zakah and pays it to the poor person, and then the wealth perishes; does he take it back or not? There are two positions on this.
The Shaykh : The correct view is that he does not take it back, because the poor person has taken ownership of it. If this door were opened, the issue would become problematic; everyone would hasten, because if their wealth decreased or was lost, they would come to the poor person and say, "Give it back." The correct view is that he does not take it back, because the poor person has taken ownership of it, so he cannot retrieve it from him due to the right of another. This is an example: for instance, I have, for example, ten thousand; what is its zakah? I gave it to the poor person before it became due. Zakah becomes due in Ramadan, and I gave it now in Muharram, but Ramadan did not arrive until the wealth had been lost. Do I take back the two hundred and fifty from the poor person because the wealth for which I paid the two hundred and fifty was lost, or do I not take it back because he has taken ownership of it and his ownership has become established over it? This is the disagreement. Yes.
The Shaykh : The correct view is that he does not take it back, because the poor person has taken ownership of it. If this door were opened, the issue would become problematic; everyone would hasten, because if their wealth decreased or was lost, they would come to the poor person and say, "Give it back." The correct view is that he does not take it back, because the poor person has taken ownership of it, so he cannot retrieve it from him due to the right of another. This is an example: for instance, I have, for example, ten thousand; what is its zakah? I gave it to the poor person before it became due. Zakah becomes due in Ramadan, and I gave it now in Muharram, but Ramadan did not arrive until the wealth had been lost. Do I take back the two hundred and fifty from the poor person because the wealth for which I paid the two hundred and fifty was lost, or do I not take it back because he has taken ownership of it and his ownership has become established over it? This is the disagreement. Yes.
Source
قناة «فضيلة الشيخ محمد بن صالح العثيمين»، 299 - ما الحكم إذا عجّل الزكاة ودفعها ثم هلك المال؟ قواعد ابن رجب - ابن عثيمين — youtube.com
The Arabic text is a machine transcription of the audio recording.
