Text copied Link copied

Al-Fatawa – home

﴿ فَاسْأَلُوا أَهْلَ الذِّكْرِ إِن كُنتُمْ لَا تَعْلَمُونَ ﴾

Scholar
Search mode

Zakat on Debts

Machine translationRead the Arabic original
Remaining from the zakatable wealth: Debts,Debts are divided into three categories: 1- Debts owed by a wealthy person who is willing to pay,If you said to him: Give me my right,He said: Please go ahead.
2- And debts owed by a wealthy person who is delaying payment,Every time you come to him, he says: Tomorrow, tomorrow, tomorrow.
3- Owed by a poor person.

The first category: As for debts owed by a wealthy person who is willing to pay, zakat is due on them, and there is no doubt in this; because they are like money in his box, as long as the only thing between you and them is saying: "So-and-so! Give me my right." They are like money in the box, where the only thing between you and it is opening the box and taking the coins, so zakat is obligatory on them.
But is it obligatory to pay its zakat along with the creditor's wealth, or when he receives it, does he pay zakat for the time that has passed?The scholars say: You are under a dispensation. If you wish, include it with your wealth and pay its zakat along with your wealth. If you wish, delay it until you receive it, then pay zakat on it for the time that has passed.

The second category: Debts owed by a wealthy person who is delaying payment,Meaning: He is wealthy, he has a lot of money, he is able to pay, but he is delaying,This requires a detailed explanation: If you cannot demand it from him, it is like a debt owed by a poor person. If you can demand it from him, it is like a debt owed by a wealthy person who is willing to pay. And if the money you have is with an emir whom you cannot demand it from, and he is wealthy, this is like what is owed by a poor person; because you cannot benefit from your money.
Or with a wicked person whom you fear that if you repeat the demand, he will harm you in your family, or in your house, or in your honor, or something similar to that. This is also like a debt owed by a poor person; because you cannot demand it from him.
And as for if you can demand it from him, and he is a wealthy person who is delaying, but you can demand it by taking him to the judge and extracting your right from him, then zakat is obligatory on it; because you are able to demand it and for him to give you your right. Then, if you wish, pay its zakat with your wealth, and if you wish, delay it until you receive it and pay zakat on it for the time that has passed.

The third category: The debt owed by a poor person, there is no zakat on this! Why?! Because you cannot demand it from him, nor ask for it, even saying: "Give me my right" is forbidden for you, and he is poor, by the saying of Allah the Exalted:
And if someone is in hardship, then [let there be] postponement until [a time of] easeوَإِنْ كَانَ ذُو عُسْرَةٍ فَنَظِرَةٌ إِلَى مَيْسَرَةٍ
[al-Baqarah: 280] There is no zakat on this; because it is not in your wealth, nor is it in the ruling of your wealth. You cannot benefit from it at all. It is prohibited by the Shari'ah. And when you receive it, do you pay zakat on it for the time that has passed, or not?We say: Do not pay zakat on it for the time that has passed; because everything that has passed has no zakat at all. But do you pay zakat for the year of its receipt, or do you wait until a full year has passed over it?There is disagreement among the scholars, some of whom said: Start a new year with it, and wait. When the year is complete, pay zakat on it.And among them are those who say: No.
Pay zakat on it now, zakat for one year, then continue paying zakat on it in the future if it remains with you. This opinion is more cautious and better. For example, if a person has ten thousand in the debt of a poor person, then receives it after ten years, does he pay zakat on it for ten years? No.
He only pays zakat on it for one year. He pays the zakat of ten thousand now when he receives it. Then, if it remains with him until a year is complete, he pays zakat on it. And if he spends it, it is gone.

And some of the people of knowledge say: No.
It is not obligatory for him to pay zakat on this money. Wait until a year is complete with you, then pay zakat. But the first opinion is more cautious, and if it is more cautious, then taking the precaution is preferable.
Source shamela.ws

The Arabic text is copied verbatim from the original source, without any edits.

Similar fatwas