Ruling on waiving a debt from zakah due to the debtor's inability to pay
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Question:
I have a debt with a person, and a period of time has passed without him paying me anything. He was unable to pay his debt, so I waived this amount because I considered it the zakah of my wealth, as he is poor and does not have what to pay his debt with. I also know that he has nothing but what sustains his life. Is this permissible? Please inform us, may Allah reward you.
Answer:
The one who is unable to pay must be given time and respite until Allah makes it easy for him to fulfill his obligation; for Allah the Exalted said: [al-Baqarah: 280], and in the authentic hadith, the Prophet (peace and blessings be upon him) said: Muwatta Malik 51:14. As for waiving the debt from zakah, no, it is not permissible according to the scholars; because zakah is giving and bestowing, whereas this is a protection of his wealth. This is wealth that may or may not be obtained, and there is no bestowing in it, but rather it is a release from liability, so it does not suffice. You must pay the zakah on your wealth, and this debt remains.
I have a debt with a person, and a period of time has passed without him paying me anything. He was unable to pay his debt, so I waived this amount because I considered it the zakah of my wealth, as he is poor and does not have what to pay his debt with. I also know that he has nothing but what sustains his life. Is this permissible? Please inform us, may Allah reward you.
Answer:
The one who is unable to pay must be given time and respite until Allah makes it easy for him to fulfill his obligation; for Allah the Exalted said:
And if someone is in hardship, then [let there be] postponement until [a time of] ease
وَإِنْ كَانَ ذُو عُسْرَةٍ فَنَظِرَةٌ إِلَى مَيْسَرَةٍYahya related to me from Malik from Khubayb ibn Abd ar-Rahman al- Ansari from Hafs ibn Asim that either Abu Said al-Khudri or Abu Hurayra said, "The Messenger of Allah, may Allah bless him and grant him peace, said, 'There are seven whom Allah will shade in His shade on the day on which there is no shade except His shade: a just imam, a youth who grows up worshipping Allah, a man whose heart is attached to the mosque when he leaves it until he returns to it, two men who love each other in Allah and meet for that and part for that, a man who remembers Allah when he is alone and his eyes overflow with tears, a man who refuses the approaches of a noble, beautiful woman, saying "I fear Allah," and a man who gives sadaqa and conceals it so that his left hand does not know what his right hand gives.' "
مَن أنظر مُعْسِرًا أظلَّه الله في ظلِّه يوم لا ظلَّ إلا ظله
Source
binbaz.org.sa
The Arabic text is copied verbatim from the original source, without any edits.