Is it permissible to pay zakah from the funds of debtors?
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The Shaykh : Yes.
The questioner : Now, a person pays the zakah on his wealth. For example, he owes 150 dinars, and he owes a certain person 50 dinars. He says to him, "Can you pay?" The man says, "No." So he says, "I want to consider the 50 dinars that are with you, which you owe me, as being from the debtors. Since you are among the debtors, I want to forgive you for them and consider them as part of the zakah. Is this permissible?"
The Shaykh : It is permissible and it is not permissible, because I fear that there may be some deception in the matter. You said in what you mentioned that he considers him to be among the debtors. Is he actually among the debtors? He may be one of the merchants who earn vast sums of money, but as is the case with many merchants, they do not always have what is called today liquidity.
The questioner : Yes.
The Shaykh : So is it permissible for such a person to be considered among the debtors? The answer is no. However, if he is actually among the debtors, and he considers that amount of debt as part of the zakah of his wealth, and the debtor accepts it, and it is not permissible for the debtor to accept that unless he is poor, then the answer is that it is permissible, on the condition that it is not a deception to save him from what he might otherwise have to pay out of the zakah.
The questioner : May Allah reward you with good.
The Shaykh : Please go ahead.
The questioner : Now, a person pays the zakah on his wealth. For example, he owes 150 dinars, and he owes a certain person 50 dinars. He says to him, "Can you pay?" The man says, "No." So he says, "I want to consider the 50 dinars that are with you, which you owe me, as being from the debtors. Since you are among the debtors, I want to forgive you for them and consider them as part of the zakah. Is this permissible?"
The Shaykh : It is permissible and it is not permissible, because I fear that there may be some deception in the matter. You said in what you mentioned that he considers him to be among the debtors. Is he actually among the debtors? He may be one of the merchants who earn vast sums of money, but as is the case with many merchants, they do not always have what is called today liquidity.
The questioner : Yes.
The Shaykh : So is it permissible for such a person to be considered among the debtors? The answer is no. However, if he is actually among the debtors, and he considers that amount of debt as part of the zakah of his wealth, and the debtor accepts it, and it is not permissible for the debtor to accept that unless he is poor, then the answer is that it is permissible, on the condition that it is not a deception to save him from what he might otherwise have to pay out of the zakah.
The questioner : May Allah reward you with good.
The Shaykh : Please go ahead.
Source
www.al-albany.com
The Arabic text is copied verbatim from the original source, without any edits.