The Ruling on Zakah in the Presence of Debt
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Question:
May Allah guide you. You said: If a person has, for example, a debt of 500 riyals and has 500 in his possession, he pays zakah on what he has, and the repayment of the debt is left to Allah. What is the evidence for this, given that some scholars hold a different view?
Answer:
Yes, if a person has a debt and possesses wealth subject to zakah, he pays zakah on what he has, and the debt does not prevent the payment of zakah. This is a matter of disagreement among scholars as well. Some scholars said that the debt prevents zakah absolutely. Some said that it prevents it in the case of hidden wealth, but not in the case of visible wealth. And some said that it does not prevent it absolutely. So there are three opinions: that it prevents zakah absolutely to the extent of the debt, or that it does not prevent it absolutely, or that it prevents zakah in the case of hidden debts such as currency and the like, but not in the case of visible wealth, such as fruits, camels, cattle, and sheep.
The strongest of the three opinions is that it does not prevent it absolutely; it does not prevent zakah absolutely. The evidence is that the Prophet (peace and blessings be upon him) did not say to his collectors: When you go to the people who have wealth subject to zakah, ask them if they have any debts? If they have debts, then deduct them... He did not ask them, nor did he say that to them. If this had been a right, and if this had been obligatory, the Prophet (peace and blessings be upon him) would have clarified it. For Allah sent the Prophet (peace and blessings be upon him) as a messenger to the Ummah and a teacher of their religion. There is no other prophet who teaches us; he is the Seal of the Prophets, (peace and blessings be upon him).
If the debt had prevented zakah, he would have said to his collectors who go to take the zakah wealth from camels, or sheep, or others: O workers! When you go to take the zakah, ask them if they have any debts. If they have debts, then deduct the equivalent from the zakah. If he had said this, people would have followed it. But he remained silent and did not say that; so it is known that the debt does not prevent zakah. If a person has one million riyals in his shop, or in his house, or in his box, and he owes some people five hundred thousand riyals—half a million for things he bought, which became a debt on him for building a house, or for such and such, or for such and such—the implication of the fact that the debt does not prevent zakah is that he does not pay zakah except on the half million that he has; because this second half is offset by the debt; so he does not pay zakah except on the second half.
According to the correct opinion, that the debt does not prevent zakah, he is obligated to pay zakah on all the wealth he has. As for the debt he owes, Allah will settle it for him if he is sincere in his intention to repay; so let him hasten to repay before the completion of the lunar year. If he repays what he owes before the completion of the lunar year, and only half a million remains with him, he pays zakah on the half million. He does not say: "The debt will remain, and I will not pay zakah on what I have because of the debt." No, the correct view is that he pays zakah on what he has, and he is obligated to perform the repayment of the debt he owes. Let him fear Allah in this, and not delay people, not harm them, and not make things difficult for them regarding their debts.
May Allah guide you. You said: If a person has, for example, a debt of 500 riyals and has 500 in his possession, he pays zakah on what he has, and the repayment of the debt is left to Allah. What is the evidence for this, given that some scholars hold a different view?
Answer:
Yes, if a person has a debt and possesses wealth subject to zakah, he pays zakah on what he has, and the debt does not prevent the payment of zakah. This is a matter of disagreement among scholars as well. Some scholars said that the debt prevents zakah absolutely. Some said that it prevents it in the case of hidden wealth, but not in the case of visible wealth. And some said that it does not prevent it absolutely. So there are three opinions: that it prevents zakah absolutely to the extent of the debt, or that it does not prevent it absolutely, or that it prevents zakah in the case of hidden debts such as currency and the like, but not in the case of visible wealth, such as fruits, camels, cattle, and sheep.
The strongest of the three opinions is that it does not prevent it absolutely; it does not prevent zakah absolutely. The evidence is that the Prophet (peace and blessings be upon him) did not say to his collectors: When you go to the people who have wealth subject to zakah, ask them if they have any debts? If they have debts, then deduct them... He did not ask them, nor did he say that to them. If this had been a right, and if this had been obligatory, the Prophet (peace and blessings be upon him) would have clarified it. For Allah sent the Prophet (peace and blessings be upon him) as a messenger to the Ummah and a teacher of their religion. There is no other prophet who teaches us; he is the Seal of the Prophets, (peace and blessings be upon him).
If the debt had prevented zakah, he would have said to his collectors who go to take the zakah wealth from camels, or sheep, or others: O workers! When you go to take the zakah, ask them if they have any debts. If they have debts, then deduct the equivalent from the zakah. If he had said this, people would have followed it. But he remained silent and did not say that; so it is known that the debt does not prevent zakah. If a person has one million riyals in his shop, or in his house, or in his box, and he owes some people five hundred thousand riyals—half a million for things he bought, which became a debt on him for building a house, or for such and such, or for such and such—the implication of the fact that the debt does not prevent zakah is that he does not pay zakah except on the half million that he has; because this second half is offset by the debt; so he does not pay zakah except on the second half.
According to the correct opinion, that the debt does not prevent zakah, he is obligated to pay zakah on all the wealth he has. As for the debt he owes, Allah will settle it for him if he is sincere in his intention to repay; so let him hasten to repay before the completion of the lunar year. If he repays what he owes before the completion of the lunar year, and only half a million remains with him, he pays zakah on the half million. He does not say: "The debt will remain, and I will not pay zakah on what I have because of the debt." No, the correct view is that he pays zakah on what he has, and he is obligated to perform the repayment of the debt he owes. Let him fear Allah in this, and not delay people, not harm them, and not make things difficult for them regarding their debts.
Source
binbaz.org.sa
The Arabic text is copied verbatim from the original source, without any edits.