Is it permissible to pay off the debt of a deceased person from zakah?
Machine translationRead the Arabic original
The Shaykh : Is it permissible for us to pay off the debt of a deceased person from zakah? A man died owing ten thousand riyals and left not a single dirham. He left nothing. Do we pay it off for him? No. We do not pay it off for him. The man died, and among us are living people who are in need of zakah: a debtor who is alive, whose face is broken, yes, whose heart is broken, and whose face is ashamed of those who ask, but a dead man has passed away; shame or anything else does not befall him. And it is not possible for us to pay off his debt. If someone asks for evidence, saying, "Do you not say that transferring ownership to the debtor is not required?" We say, no, we do not say that; we say, yes, it is required. There is a difference between "yes" (na'am) and "indeed" (bal). It is narrated from Ibn Abbas (may Allah be pleased with him) regarding the saying of Allah the Exalted: Ibn Abbas said: "If they had said 'yes,' they would have disbelieved". Look at the difference: "Are you not your Lord?" If they had said "yes," they would have disbelieved, because the meaning of "yes" is "You are not our Lord," but "indeed" means "You are our Lord."
Now we tell you: regarding the deceased, we said that his debt is not paid off from zakah. Did we not say that transferring ownership to the debtor is required? Indeed. So if that is the case, why do we not pay off the debt of the deceased? We say we have evidence from the Sunnah. When a deceased person was brought to the Prophet (peace and blessings be upon him) who had a debt with no means of repayment, he did not pray over him. He said:. The Messenger (peace and blessings be upon him) did not pray over him because he was a debtor with a debt and no means of repayment. And he never paid off the debt of anyone from zakah. But when Allah opened up conquests for him and the spoils of war became abundant with him, whenever someone died owing a debt, he said: Sunan Abi Dawud 2954Sahih (Al-Albani) (peace and blessings be upon him) He would pay it off himself. If paying off the debt of a deceased person from zakah had been permissible, the Messenger (peace and blessings be upon him) would have paid it off and prayed over the debtors. Is that clear?
Some scholars have reported the consensus of the scholars that paying off the debt of a deceased person from zakah is not valid. However, there is a point of consideration regarding the transmission of this consensus, and there is undoubtedly disagreement, but the disagreement is weak. Then we say: this deceased man who died owing a debt should be given good news. If he took the money of people intending to repay it, what happens? Allah repays it for him. As the Prophet (peace and blessings be upon him) said:Sahih al-Bukhari 2387. Either in this world or in the Hereafter. This is good news for the believer who is sincere in his dealings with people, borrows from people with the intention of repaying, and then it happens that he loses and does not repay; then Allah the Exalted repays it for him. Bulugh al-Maram 7:94.
Are you not your Lord? They said, "Indeed."
ألستم بربكم قال بلىNow we tell you: regarding the deceased, we said that his debt is not paid off from zakah. Did we not say that transferring ownership to the debtor is required? Indeed. So if that is the case, why do we not pay off the debt of the deceased? We say we have evidence from the Sunnah. When a deceased person was brought to the Prophet (peace and blessings be upon him) who had a debt with no means of repayment, he did not pray over him. He said:
Pray over your companion
صلوا على صاحبكمI am nearer to the believers than themselves
أنا أولى بالمؤمنين من أنفسهمI am more worthy of the believers than themselves. Whoever leaves wealth, it is for his heirs, and whoever leaves a debt, it is for me and upon me.
أنا أولى بالمؤمين من أنفسهم من ترك مالا فلورثته ومن ترك دينا فإلي وعليSome scholars have reported the consensus of the scholars that paying off the debt of a deceased person from zakah is not valid. However, there is a point of consideration regarding the transmission of this consensus, and there is undoubtedly disagreement, but the disagreement is weak. Then we say: this deceased man who died owing a debt should be given good news. If he took the money of people intending to repay it, what happens? Allah repays it for him. As the Prophet (peace and blessings be upon him) said:
