Is it true that the charity of a debtor is not accepted and he receives no reward for it, and what are the financial rights of the Shari'ah from which a person in debt is exempted until he pays it off?
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The questioner : The first question states: I have heard from some people that charity given by a person who is in debt is not accepted and he receives no reward for it. Is this true? And what are the financial rights of the Shari'ah from which a person in debt is exempted until he pays it off?
The Shaykh : Praise be to Allah, Lord of the worlds, and I send prayers and peace upon our Prophet Muhammad, and upon his family and all his Companions. Charity is part of the spending commanded by the Shari'ah and of doing good to the servants of Allah when it is given in its proper place, and a person is rewarded for it. Every person will be in the shade of his charity on the Day of Resurrection. It is accepted whether a person is in debt or not, provided the conditions for acceptance are met: that it is done with sincerity for Allah (Mighty and Majestic), from lawful earnings, and given in its proper place. With these conditions, it is accepted according to the evidence of the Shari'ah. It is not required that a person be free of debt. However, if the debt consumes all that he has, it is not wise or rational to give charity—since charity is recommended, not obligatory—and leave a debt that is obligatory upon him. He should first fulfill the obligation, then give charity. The scholars have differed on whether it is permissible to give charity when one has a debt that consumes all one's wealth. Some say it is not permissible because it harms his creditor and leaves his conscience encumbered by this obligatory debt. Others say it is permissible, but it is contrary to what is preferable. In any case, a person who has a debt that consumes all his wealth should not give charity until he pays off the debt, because the obligatory is more important than the voluntary. As for the financial rights of the Shari'ah from which a person in debt is exempted until he pays it off, one of them is Hajj.
The questioner : Yes.
The Shaykh : Hajj is not obligatory upon a person who is in debt until he pays off his debt. As for zakah, the scholars have differed on whether it is waived for the debtor or not. Some scholars say that zakah is waived on the amount that corresponds to the debt, whether the wealth is apparent or not. Others say that zakah is not waived on the amount that corresponds to the debt; rather, he must pay zakah on all that is in his hand, even if he has a debt that reduces the nisab. Others have distinguished and said: if the wealth is from hidden wealth that is not seen or observed, such as currency and trade goods, then zakah is waived on the amount that corresponds to the debt. But if it is from apparent wealth, such as livestock and produce from the earth, then zakah is not waived. The correct view in my opinion is that it is not waived, whether the wealth is apparent or not, and that everyone who has in his hand wealth on which zakah is obligatory must pay its zakah, even if he is in debt. This is because zakah is obligatory on wealth, as Allah the Exalted said:[At-Tawbah 9:103] and as the Prophet (peace and blessings be upon him) said to Mu'adh ibn Jabal when he sent him to Yemen: Musannaf Ibn Abi Shaybah 4:30 This hadith is in al-Bukhari with this wording. Because of this evidence from the Book and the Sunnah, the aspect is distinct, so there is no conflict between zakah and debt. The aspect is distinct because the debt is obligatory in the conscience, and zakah is obligatory on the wealth. If each is obligatory in a place other than where the other is obligatory, there is no conflict or collision between them. And thus, the debt remains in the conscience of its owner, and the zakah remains on the wealth, to be paid from it in all cases.
The questioner : Yes.
The Shaykh : Yes.
The questioner : May Allah bless you.
The Shaykh : Praise be to Allah, Lord of the worlds, and I send prayers and peace upon our Prophet Muhammad, and upon his family and all his Companions. Charity is part of the spending commanded by the Shari'ah and of doing good to the servants of Allah when it is given in its proper place, and a person is rewarded for it. Every person will be in the shade of his charity on the Day of Resurrection. It is accepted whether a person is in debt or not, provided the conditions for acceptance are met: that it is done with sincerity for Allah (Mighty and Majestic), from lawful earnings, and given in its proper place. With these conditions, it is accepted according to the evidence of the Shari'ah. It is not required that a person be free of debt. However, if the debt consumes all that he has, it is not wise or rational to give charity—since charity is recommended, not obligatory—and leave a debt that is obligatory upon him. He should first fulfill the obligation, then give charity. The scholars have differed on whether it is permissible to give charity when one has a debt that consumes all one's wealth. Some say it is not permissible because it harms his creditor and leaves his conscience encumbered by this obligatory debt. Others say it is permissible, but it is contrary to what is preferable. In any case, a person who has a debt that consumes all his wealth should not give charity until he pays off the debt, because the obligatory is more important than the voluntary. As for the financial rights of the Shari'ah from which a person in debt is exempted until he pays it off, one of them is Hajj.
The questioner : Yes.
The Shaykh : Hajj is not obligatory upon a person who is in debt until he pays off his debt. As for zakah, the scholars have differed on whether it is waived for the debtor or not. Some scholars say that zakah is waived on the amount that corresponds to the debt, whether the wealth is apparent or not. Others say that zakah is not waived on the amount that corresponds to the debt; rather, he must pay zakah on all that is in his hand, even if he has a debt that reduces the nisab. Others have distinguished and said: if the wealth is from hidden wealth that is not seen or observed, such as currency and trade goods, then zakah is waived on the amount that corresponds to the debt. But if it is from apparent wealth, such as livestock and produce from the earth, then zakah is not waived. The correct view in my opinion is that it is not waived, whether the wealth is apparent or not, and that everyone who has in his hand wealth on which zakah is obligatory must pay its zakah, even if he is in debt. This is because zakah is obligatory on wealth, as Allah the Exalted said:
Take, [O, Muhammad], from their wealth a charity by which you purify them and cause them increase
خذ من أموالهم صدقة تطهرهم وتزكيهم بهاInform them that Allah has made obligatory upon them a charity in their wealth, to be taken from their rich and returned to their poor.
أعلمهم أن الله افترض عليهم صدقة في أموالهم تؤخذ من أغنيائهم فترد على فقرائهمThe questioner : Yes.
The Shaykh : Yes.
The questioner : May Allah bless you.