What is the ruling on paying zakah on behalf of an insolvent debtor who cannot find the means to satisfy his creditor, without the poor person’s knowledge?
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The questioner : If you would be so kind, O Shaykh, to clarify what the ruling is on paying zakah on behalf of an insolvent debtor without his knowledge?
The Shaykh : Yes, paying zakah on behalf of an insolvent debtor who cannot find the means to satisfy his creditor, without the poor person’s knowledge, is permissible and sufficient, because the noble verse indicates this. Allah the Exalted said:[At-Tawbah 9:60]: The wording differs between the first four categories and the last four. What did it say regarding the first four?
, which indicates ownership, [At-Tawbah 9:60]. You must give them ownership of it; you give them the zakah yourself and leave them to do what they wish with their needs.
But regarding the debtors, it said:[At-Tawbah 9:60]. The debtors are conjoined with those in bondage, so the implied meaning is "in" "in". Accordingly, it is permissible for you to go to the creditor who is demanding payment from the poor person and pay it on his behalf.
But we ask: Is it better for me to go to the creditor and pay him without the poor person’s knowledge, or should I give it to the poor person?
This requires a detailed explanation: If you know that your poor companion, for whom you want to pay the debt, is a man of debt who loves to clear his liability, 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 more reassuring for his heart and further from the showing off (riya') that may affect a person in this matter. So giving it to the debtor is better.
As for if you fear that the debtor is "a gambler", give it to him so he can pay off his debt, but if he will take it and play with it, buying luxuries or other things, then do not give it to him. Go to the one who is asking for it and pay him.
The Shaykh : Yes, paying zakah on behalf of an insolvent debtor who cannot find the means to satisfy his creditor, without the poor person’s knowledge, 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
إِنَّمَا الصَّدَقَاتُ لِلْفُقَرَاءِ وَالْمَسَاكِينِ وَالْعَامِلِينَ عَلَيْهَا وَالْمُؤَلَّفَةِ قُلُوبُهُمْ وَفِي الرِّقَابِ وَالْغَارِمِينَfor the poor
للفُقَرَاءfor the poor and for the needy and for those employed to collect [zakah] and for bringing hearts together
لِلْفُقَرَاءِ وَالْمَسَاكِينِ وَالْعَامِلِينَ عَلَيْهَا وَالْمُؤَلَّفَةِ قُلُوبُهُمْBut regarding the debtors, it said:
and for freeing captives [or slaves] and for those in debt
وَفِي الرِّقَابِ وَالْغَارِمِينَBut we ask: Is it better for me to go to the creditor and pay him without the poor person’s knowledge, or should I give it to the poor person?
This requires a detailed explanation: If you know that your poor companion, for whom you want to pay the debt, is a man of debt who loves to clear his liability, 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 more reassuring for his heart and further from the showing off (riya') that may affect a person in this matter. So giving it to the debtor is better.
As for if you fear that the debtor is "a gambler", give it to him so he can pay off his debt, but if he will take it and play with it, buying luxuries or other things, then do not give it to him. Go to the one who is asking for it and pay him.