The discussion regarding the author's statement: "Zakah is like a debt in the estate."
Machine translationRead the Arabic original
The Shaykh : The author said "Zakah is like a debt in the estate". What is the meaning of this phrase? Zakah is like a debt in the estate?
The questioner :"Zakah is like a debt in the estate" means it takes precedence over...
The Shaykh : Takes precedence over what?
The questioner : Over the heirs, just as a debt takes precedence over the heirs.
The Shaykh : Does that mean it is given priority over the bequest and the inheritance?
The questioner : Yes.
The Shaykh : What do you say?
The questioner : Correct.
The Shaykh : Correct. Now, if a debt and zakah are both present, which one is given priority?
The questioner : The debt is given priority because... it is possible the person was unable to pay, it is possible this man was unable to pay.
The Shaykh : No, no, he was not unable to pay; he owed zakah.
The questioner : I mean, it is possible he was unable to pay...
The Shaykh : The point is, a man died and he owed one hundred dirhams in zakah and one hundred dirhams in debt, and we found in his estate only one hundred. Which do we give priority to?
The questioner : If the withholding of zakah was due to stinginess.
The Shaykh : No, he did not say anything; he died and we found one hundred with him.
The questioner : ... There is a difference of opinion among the scholars, with three positions. Some say the debt is given priority because it is the right of a human being, and some say this is the right of Allah, and the right of Allah is given priority over it. The third position says they are equalized, meaning between the zakah and the debt.
The Shaykh : Well done, that is fine, so then.
The questioner : ... .
The Shaykh : That is fine, you are correct, there are three positions in it. The first position is that zakah is given priority, the second is that the debt is given priority, and the third is that they share the estate. Now, we need to know—O 'Umar—what is the evidence of those who said the debt is given priority over zakah?
The Shaykh : Because the right of a human being, O Shaykh, is based on strictness, and the right of Allah the Exalted is based on leniency.
The Shaykh : That is fine. They said, and what is based on strictness is more deserving, and Allah the Exalted is lenient. And what is the evidence of those who said zakah is given priority?
The questioner : ... .
The Shaykh : Yes, the saying of the Prophet (peace and blessings be upon him)Sahih al-Bukhari 1852, and "the most deserving" is the name of superlative. Now, and what about those who said they share the estate, Dawud?
The questioner : ... .
The Shaykh : That is fine. Both are obligatory in the liability of the deceased, so they share the estate. Those who said the debt of Allah is paid, their evidence is a text, and those who said the debt of a human being is given priority, their evidence is reasoning by cause, and those who said they are equalized also used reasoning by cause. But then we need to refute the argument of those who argued with the saying of the Prophet (peace and blessings be upon him).
The questioner : ... And she only asked him about the right of Allah the Exalted regarding her father, so he said, and there is no mention of debt in general in the hadith.
The Shaykh : I mean, the Prophet's intention was not comparison, but rather to clarify that if the debt of a human being is paid, then the debt of Allah is more deserving of being paid. Yes, this is the answer.
The questioner : In the name of Allah, the Most Merciful, the Most Compassionate. He said, may Allah have mercy on him, "Chapter on the zakah of livestock. It is obligatory in camels, cattle, and sheep if they are grazing for a full lunar year or most of it".
The Shaykh :"If they are grazing for a full lunar year or most of it".
The questioner :"It is obligatory in twenty-five camels, a one-year-old she-camel (bint makhad), and in less than that, one sheep for every five. In thirty-six, a two-year-old she-camel (bint labun). In forty-six, a three-year-old she-camel (haqah). In sixty-one"...
The Shaykh : Haqah with a kasrah (short vowel).
The questioner : ... .
The Shaykh : Haqah? No, the known form is with a kasrah, yes.
The questioner :"And in forty-six, a haqah, and in sixty-one, a four-year-old she-camel (jadha'ah), and in seventy-six, two two-year-old she-camels (bintay labun), and in ninety-one, two haqahs. If it exceeds one hundred and twenty by one, then three two-year-old she-camels".
The Shaykh : Three.
The questioner :"If it exceeds one hundred and twenty by one, then three two-year-old she-camels, and then for every forty, a two-year-old she-camel".
The Shaykh : A two-year-old she-camel.
The questioner :"And then for every forty, a two-year-old she-camel, and for every fifty, a haqah".
The questioner :"Zakah is like a debt in the estate" means it takes precedence over...
The Shaykh : Takes precedence over what?
The questioner : Over the heirs, just as a debt takes precedence over the heirs.
The Shaykh : Does that mean it is given priority over the bequest and the inheritance?
The questioner : Yes.
The Shaykh : What do you say?
The questioner : Correct.
The Shaykh : Correct. Now, if a debt and zakah are both present, which one is given priority?
The questioner : The debt is given priority because... it is possible the person was unable to pay, it is possible this man was unable to pay.
The Shaykh : No, no, he was not unable to pay; he owed zakah.
The questioner : I mean, it is possible he was unable to pay...
The Shaykh : The point is, a man died and he owed one hundred dirhams in zakah and one hundred dirhams in debt, and we found in his estate only one hundred. Which do we give priority to?
The questioner : If the withholding of zakah was due to stinginess.
The Shaykh : No, he did not say anything; he died and we found one hundred with him.
The questioner : ... There is a difference of opinion among the scholars, with three positions. Some say the debt is given priority because it is the right of a human being, and some say this is the right of Allah, and the right of Allah is given priority over it. The third position says they are equalized, meaning between the zakah and the debt.
The Shaykh : Well done, that is fine, so then.
The questioner : ... .
The Shaykh : That is fine, you are correct, there are three positions in it. The first position is that zakah is given priority, the second is that the debt is given priority, and the third is that they share the estate. Now, we need to know—O 'Umar—what is the evidence of those who said the debt is given priority over zakah?
The Shaykh : Because the right of a human being, O Shaykh, is based on strictness, and the right of Allah the Exalted is based on leniency.
The Shaykh : That is fine. They said, and what is based on strictness is more deserving, and Allah the Exalted is lenient. And what is the evidence of those who said zakah is given priority?
The questioner : ... .
The Shaykh : Yes, the saying of the Prophet (peace and blessings be upon him)
So, pay Allah's debt as He has more right to be paid.
اقضوا الله فالله أحق بالوفاءThe questioner : ... .
The Shaykh : That is fine. Both are obligatory in the liability of the deceased, so they share the estate. Those who said the debt of Allah is paid, their evidence is a text, and those who said the debt of a human being is given priority, their evidence is reasoning by cause, and those who said they are equalized also used reasoning by cause. But then we need to refute the argument of those who argued with the saying of the Prophet (peace and blessings be upon him)
And Allah is more deserving of being paid.
فالله أحق بالوفاءThe questioner : ... And she only asked him about the right of Allah the Exalted regarding her father, so he said
And Allah is more deserving of being paid.
فالله أحق بالوفاءThe Shaykh : I mean, the Prophet's intention was not comparison, but rather to clarify that if the debt of a human being is paid, then the debt of Allah is more deserving of being paid. Yes, this is the answer.
The questioner : In the name of Allah, the Most Merciful, the Most Compassionate. He said, may Allah have mercy on him, "Chapter on the zakah of livestock. It is obligatory in camels, cattle, and sheep if they are grazing for a full lunar year or most of it".
The Shaykh :"If they are grazing for a full lunar year or most of it".
The questioner :"It is obligatory in twenty-five camels, a one-year-old she-camel (bint makhad), and in less than that, one sheep for every five. In thirty-six, a two-year-old she-camel (bint labun). In forty-six, a three-year-old she-camel (haqah). In sixty-one"...
The Shaykh : Haqah with a kasrah (short vowel).
The questioner : ... .
The Shaykh : Haqah? No, the known form is with a kasrah, yes.
The questioner :"And in forty-six, a haqah, and in sixty-one, a four-year-old she-camel (jadha'ah), and in seventy-six, two two-year-old she-camels (bintay labun), and in ninety-one, two haqahs. If it exceeds one hundred and twenty by one, then three two-year-old she-camels".
The Shaykh : Three.
The questioner :"If it exceeds one hundred and twenty by one, then three two-year-old she-camels, and then for every forty, a two-year-old she-camel".
The Shaykh : A two-year-old she-camel.
The questioner :"And then for every forty, a two-year-old she-camel, and for every fifty, a haqah".