Ruling on Charity and Zakat for a Person in Debt – Shar‘i Responsibilities

Shar‘i Ruling on Charity and Zakat for a Debtor

📖 Source: Fatāwā Arkān al-Islām

Charity by a Debtor

• Charity (ṣadaqah) is a recommended act in Islam and a means of kindness toward Allah’s creation.
• It is accepted in all circumstances — whether a person is in debt or not — provided that:
  1. It is done sincerely for Allah alone.
  2. It comes from lawful earnings.
  3. It is spent in ways permitted by Sharī‘ah.

Practical Wisdom Regarding Charity in Debt

• It is not a condition for charity that a person be free of debt.
• However, if the debt equals all of one’s wealth, it is wiser not to give voluntary charity until the debt is cleared.
• Reason: Paying debts is wājib (obligatory) while charity is nafl (voluntary), and the obligatory act is given priority over the voluntary.

Scholarly Opinions

1. First View: If the debt equals all wealth, charity is impermissible as it harms the creditor and delays an obligation.
2. Second View: It is permissible but not preferable in such a case.

Summary: If debt covers all wealth, it is better to pay the debt first, then give charity.

Shar‘i Rulings That May Not Apply to a Debtor

1. Ḥajj:
   • Not obligatory on a debtor until the debt is paid off.
2. Zakat:
   • Scholars differ:

     First Opinion: Debt cancels zakat — whether the wealth is visible or hidden.
     Second Opinion: Zakat is still obligatory — debt does not affect it.
     Third Opinion: Distinction between:

     • Amwāl Ẓāhirah (visible wealth like livestock, crops) → debt does not cancel zakat.
     • Amwāl Bāṭinah (hidden wealth like cash, trade goods) → debt cancels zakat.

Preferred Opinion (Rājiḥ):

• Zakat is not cancelled by debt — whether wealth is visible or hidden.
• Reason:
  • Zakat is an obligation in the wealth itself.
  • Debt is an obligation on the person.
  • These are separate obligations and do not nullify each other.

Evidence:

From Qur’ān:

﴿خُذْ مِنْ أَمْوَالِهِمْ صَدَقَةً تُطَهِّرُهُمْ وَتُزَكِّيهِم بِهَا﴾ (Al-Tawbah: 103)

From Sunnah:

«أَعْلِمْهُمْ أَنَّ اللّٰهَ افْتَرَضَ عَلَيْهِمْ صَدَقَةً فِي أَمْوَالِهِمْ تُؤْخَذُ مِنْ أَغْنِيَائِهِمْ وَتُرَدُّ عَلَى فُقَرَائِهِمْ»
(Ṣaḥīḥ al-Bukhārī 1395; Ṣaḥīḥ Muslim 19)

Conclusion:

• Debt and zakat do not cancel each other out.
• A debtor must pay zakat if his wealth reaches niṣāb.
• Debts should be cleared promptly, but zakat obligations must also be fulfilled when due.

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