The ruling on the transfer of a debt from the liability of the debtor to the liability of another
Machine translationRead the Arabic original
Question:
May Allah reward you. We seek your permission to present some fatwas and legal questions that have come in via the internet, or some of them via other means. This question says its owner: There was a man who was eligible for zakah and he had a debt, so another man who was not eligible for zakah took it on. Then a third man came forward and offered to pay off the debt from his zakah money, knowing that the debt had become settled in the liability of the second man, who is not eligible for zakah.
Answer:
No, the debt does not transfer from the liability of the first debtor. The debt remains in the liability of the first debtor. He has to pay it off if he is able, and if he is not able, he waits until Allah brings him relief,[Al-Baqarah 2:280]. He waits. And if one of his brothers helps him, either with zakah or a donation or otherwise, to pay off his debt, that is a good thing. And this is from the debtors for whom Allah has made a right in the zakah, from the debtors. If he has a due debt and cannot pay it off, he is from the debtors and is given from the zakah. As for the debt transferring from one liability to another, no, it does not transfer; it remains. The evidence is that a man came to the Prophet (peace and blessings be upon him) to be prayed over, so he asked: Does he have a debt? They said: Yes, two dinars. So the Prophet (peace and blessings be upon him) held back and said: Pray over your companion. Then Abu Qatadah (may Allah be pleased with him) said: The two dinars are on me, O Messenger of Allah. So the Messenger (peace and blessings be upon him) came forward and prayed over him. When the next day came, the Messenger (peace and blessings be upon him) met him and said: What did you do with the two dinars? He said: O Messenger of Allah, only a short time has passed. When he met him on the third day, he said: What did you do with the two dinars? He said: I paid them off, O Messenger of Allah. He said: Now your skin has cooled down. Abu Qatadah taking on the debt did not absolve the liability of the deceased; nothing absolves it except paying it off. Yes.
May Allah reward you. We seek your permission to present some fatwas and legal questions that have come in via the internet, or some of them via other means. This question says its owner: There was a man who was eligible for zakah and he had a debt, so another man who was not eligible for zakah took it on. Then a third man came forward and offered to pay off the debt from his zakah money, knowing that the debt had become settled in the liability of the second man, who is not eligible for zakah.
Answer:
No, the debt does not transfer from the liability of the first debtor. The debt remains in the liability of the first debtor. He has to pay it off if he is able, and if he is not able, he waits until Allah brings him relief,
And if someone is in hardship, then [let there be] postponement until [a time of] ease.
وَإِن كَانَ ذُو عُسْرَةٍ فَنَظِرَةٌ إِلَىٰ مَيْسَرَةٍ
Source
المدين المستحق للزكاة — alfawzan.live
The Arabic text is a machine transcription of the audio recording.
