Can the creditor waive the debt owed to him by the debtor with the intention of zakah?
Machine translationRead the Arabic original
The Shaykh: Yes.
The questioner: Peace be upon you.
The Shaykh: And upon you peace.
The questioner : Yes.
The Shaykh: And upon you peace.
The questioner: Peace be upon you.
The Shaykh: And upon you peace.
The questioner : Yes, how are you?
The Shaykh : Praise be to Allah, I am well.
The questioner : May Allah preserve you, my teacher. If you please, regarding zakah, is it permissible for a person... who has a debt owed to him to give it to him?
The Shaykh : I mean, for example, you have a debt owed to you by a person named Zayd.
The questioner: Yes.
The Shaykh : And you want to make this debt your zakah?
The questioner: Yes.
The Shaykh : Yes. First: Scholars divide this debt into two categories. In their terminology, they call it a "living debt" and a "dead debt." By a living debt, they mean one that is expected to reach the creditor, and the opposite is a dead debt, which is one from which the hope of its return has been cut off. Did I make this distinction clear to you?
The questioner : Clear, my lord.
The Shaykh: All right.
The questioner: Yes.
The Shaykh : So, if this debt is of the first category, i.e., a living debt, and the debtor is poor, and you offer to consider the debt as his zakah, and he accepts it from you, then it is permissible under these conditions; otherwise, it is not. Is that clear?
The questioner : Clear, clear, perfect. Shaykh, may Allah reward you with good.
The Shaykh : May Allah preserve you.
The questioner: Peace be upon you.
The Shaykh: And upon you peace.
The questioner : Yes.
The Shaykh: And upon you peace.
The questioner: Peace be upon you.
The Shaykh: And upon you peace.
The questioner : Yes, how are you?
The Shaykh : Praise be to Allah, I am well.
The questioner : May Allah preserve you, my teacher. If you please, regarding zakah, is it permissible for a person... who has a debt owed to him to give it to him?
The Shaykh : I mean, for example, you have a debt owed to you by a person named Zayd.
The questioner: Yes.
The Shaykh : And you want to make this debt your zakah?
The questioner: Yes.
The Shaykh : Yes. First: Scholars divide this debt into two categories. In their terminology, they call it a "living debt" and a "dead debt." By a living debt, they mean one that is expected to reach the creditor, and the opposite is a dead debt, which is one from which the hope of its return has been cut off. Did I make this distinction clear to you?
The questioner : Clear, my lord.
The Shaykh: All right.
The questioner: Yes.
The Shaykh : So, if this debt is of the first category, i.e., a living debt, and the debtor is poor, and you offer to consider the debt as his zakah, and he accepts it from you, then it is permissible under these conditions; otherwise, it is not. Is that clear?
The questioner : Clear, clear, perfect. Shaykh, may Allah reward you with good.
The Shaykh : May Allah preserve you.
Source
www.al-albany.com
The Arabic text is copied verbatim from the original source, without any edits.