Ruling on paying off the debt of an insolvent person without his knowledge
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His Eminence the Shaykh: What is the ruling on paying zakah on behalf of an insolvent debtor without his knowledge?
Paying zakah on behalf of an insolvent debtor who cannot satisfy his creditor, without the knowledge of the poor debtor, is permissible and sufficient;Because the noble verse indicates this, Allah the Exalted said: [Surah al-Tawbah: 60] The wording differs between the first four categories and the last four.
For the first four, the wording used the letter lam indicating ownership [Surah al-Tawbah: 60] so you must give them ownership; you give them the zakah and leave them to do what they wish with their needs,But regarding the debtors, He said: [Surah al-Tawbah: 60] the debtors: this is connected to the necks (slaves), so the implied meaning is (in) and on this basis, it is permissible for you to go to the creditor who is demanding payment from the poor man and pay it on his behalf.
But is it better to go to the creditor and pay him without the poor man's knowledge, or to give it to the poor man?This requires a detailed explanation: If you know that the poor man for whom you want to pay the debt is a pious man who loves to clear his conscience, and that if you give it to him he will go to his creditor and pay him, then give it to him; because that is stronger for his heart, further from shame, and safer from the showing off (riya') that may affect a person, so giving the debtor in this case is better.
But if you fear that the debtor is frivolous, and if you gave him what would pay off his debt he would go and play with it or buy luxuries or the like, then do not give it to him; go to his creditor who is demanding it and pay his right.
Paying zakah on behalf of an insolvent debtor who cannot satisfy his creditor, without the knowledge of the poor debtor, is permissible and sufficient;Because the noble verse indicates this, Allah the Exalted said:
Zakah expenditures are only for the poor and for the needy and for those employed to collect [zakah] and for bringing hearts together [for Islam] and for freeing captives [or slaves] and for those in debt and for the cause of Allah and for the [stranded] traveler
إِنَّمَا الصَّدَقَاتُ لِلْفُقَرَاءِ وَالْمَسَاكِينِ وَالْعَامِلِينَ عَلَيْهَا وَالْمُؤَلَّفَةِ قُلُوبُهُمْ وَفِي الرِّقَابِ وَالْغَارِمِينَ وَفِي سَبِيلِ اللَّهِ وَابْنِ السَّبِيلِFor the first four, the wording used the letter lam indicating ownership
for the poor and for the needy and for those employed to collect [zakah] and for bringing hearts together
لِلْفُقَرَاءِ وَالْمَسَاكِينِ وَالْعَامِلِينَ عَلَيْهَا وَالْمُؤَلَّفَةِ قُلُوبُهُمْand for freeing captives [or slaves] and for those in debt
وَفِي الرِّقَابِ وَالْغَارِمِينَBut is it better to go to the creditor and pay him without the poor man's knowledge, or to give it to the poor man?This requires a detailed explanation: If you know that the poor man for whom you want to pay the debt is a pious man who loves to clear his conscience, and that if you give it to him he will go to his creditor and pay him, then give it to him; because that is stronger for his heart, further from shame, and safer from the showing off (riya') that may affect a person, so giving the debtor in this case is better.
But if you fear that the debtor is frivolous, and if you gave him what would pay off his debt he would go and play with it or buy luxuries or the like, then do not give it to him; go to his creditor who is demanding it and pay his right.