If a debtor is unable to repay, is the creditor permitted to waive the debt and count it as part of his zakah?
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The questioner : Shaykh, may Allah reward you with good. A man lent money to someone, and then the debtor became unable to repay due to his need and poverty. Is it permissible to waive this debt and count it as part of his zakah?
The Shaykh : It is not permissible. That is, it is not permissible for a person who owes zakah and has a debtor who is unable to pay to waive from his debt an amount equal to his zakah. Shaykh al-Islam said: This is not permissible without dispute, and its reasoning is apparent, because zakah is taking and giving. Allah the Exalted said:[At-Tawbah 9:103] And the Prophet (peace and blessings be upon him) said to Mu'adh ibn Jabal: Sahih al-Bukhari 1395 A debt is not like that.
Thirdly: A debt owed by a person who is unable to pay is actually a lost asset, because he may die without paying it. Is the money in your hand a present asset or not? It is present. You cannot make a lost asset the zakah for a present asset, for this resembles giving out defective zakah instead of good zakah. And Allah the Exalted said:[Al-Baqarah 2:267] meaning, do not aim for the defective and give out your zakah from it. Yes.
The Shaykh : It is not permissible. That is, it is not permissible for a person who owes zakah and has a debtor who is unable to pay to waive from his debt an amount equal to his zakah. Shaykh al-Islam said: This is not permissible without dispute, and its reasoning is apparent, because zakah is taking and giving. Allah the Exalted said:
Take, [O, Muhammad], from their wealth a charity
خُذْ مِنْ أَمْوَالِهِمْ صَدَقَةًthen teach them that Allah has made it obligatory for them to pay the Zakat from their property and it is to be taken from the wealthy among them and given to the poor.
أعلمهم أن الله افترض عليهم صدقة في أموالهم تؤخذ من أغنيائهم وترد إلى فقرائهمThirdly: A debt owed by a person who is unable to pay is actually a lost asset, because he may die without paying it. Is the money in your hand a present asset or not? It is present. You cannot make a lost asset the zakah for a present asset, for this resembles giving out defective zakah instead of good zakah. And Allah the Exalted said: