If a person refuses to return an amount he had borrowed from me, is it permissible to consider it as zakah?

The questioner : Peace be upon you.

The Shaykh : Peace and the mercy of Allah.

The questioner : Shaykh Muhammad ibn Talib.

The Shaykh : This is it.

The questioner : May Allah keep you safe, O Shaykh.

The Shaykh : And you as well.

The questioner : May Allah preserve you. I have a question I want to ask. Yes. About two years ago, I had an amount in the bank, and then I wanted to pay the zakah on it. I had an amount with a relative of mine, and he denied this amount. So I asked a dean of the Faculty of Law in our city. He said that I could consider the amount he has, meaning I could consider the amount he did not pay me as part of the zakah. But when I came here and asked, they told me that this is not valid. So I do not know what your opinion is.

The Shaykh : This is not valid.

The questioner : May Allah protect us from that.

The Shaykh : Yes, and the one who gave you the fatwa gave it without knowledge. So you should consider your forgiving the man’s debt as charity, and pay the zakah now,

The questioner : meaning pay the old zakah.

The Shaykh : Pay the old zakah and consider what you forgave the man as charity.

The presenter : Okay, thank you, O Shaykh. May Allah keep you safe. Goodbye.