If a man's money is mixed with the money of his wife or one of his relatives, is the zakah due when the lunar year has passed on the man, the wife, or the relative?
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The questioner : If, for example, my wife or one of my relatives has money deposited with me, and it is mixed with my money with the owner's permission, is the zakah due when the lunar year has passed on me or on the owner?
The Shaykh : The zakah is due on the owner, not on you, because you are not the owner of it. However, if he permits you to borrow it and you take it as a loan, then when you take it as a loan, you own it, and when you own it, it becomes part of your wealth, and you pay zakah on it along with your wealth. Yes.
The questioner : And the zakah is not due on the owner in this case?
The Shaykh : As for the owner, the zakah is also due on him in this, as long as the borrower is wealthy, meaning that whenever he is asked for the loan, he returns it to him. This is the stronger opinion in this issue. Some scholars hold that one who has a debt is not obligated to pay zakah on what corresponds to that debt. Based on this opinion, this borrower would not have to pay zakah on what he borrowed from his owner. However, the general texts of the Book and the Sunnah indicate that zakah is obligatory on one who has wealth, even if he has a debt. However, if his debt becomes due before the zakah becomes due, then the zakah is dropped from him in this case, because it was narrated from 'Uthman (may Allah be pleased with him) that he used to say: "Indeed, this is the month of your zakah, so let the one who has a debt pay it off" meaning, then let him pay his zakah afterwards.
The questioner : Yes.
The Shaykh : ... .
The Shaykh : The zakah is due on the owner, not on you, because you are not the owner of it. However, if he permits you to borrow it and you take it as a loan, then when you take it as a loan, you own it, and when you own it, it becomes part of your wealth, and you pay zakah on it along with your wealth. Yes.
The questioner : And the zakah is not due on the owner in this case?
The Shaykh : As for the owner, the zakah is also due on him in this, as long as the borrower is wealthy, meaning that whenever he is asked for the loan, he returns it to him. This is the stronger opinion in this issue. Some scholars hold that one who has a debt is not obligated to pay zakah on what corresponds to that debt. Based on this opinion, this borrower would not have to pay zakah on what he borrowed from his owner. However, the general texts of the Book and the Sunnah indicate that zakah is obligatory on one who has wealth, even if he has a debt. However, if his debt becomes due before the zakah becomes due, then the zakah is dropped from him in this case, because it was narrated from 'Uthman (may Allah be pleased with him) that he used to say: "Indeed, this is the month of your zakah, so let the one who has a debt pay it off" meaning, then let him pay his zakah afterwards.
The questioner : Yes.
The Shaykh : ... .