Question
Does charity become invalid if the person is in debt?
Is it permissible for a debtor to give charity?
Which Islamic rights are waived off from a debtor?
Answer:
الحمد لله، والصلاة والسلام علىٰ رسول الله، أما بعد!
Islamic ruling on giving charity:
✿ Giving charity is considered a commendable act in Shariah and is a means of doing good to Allah’s servants.
✿ When charity is given properly, a person receives its reward.
✿ On the Day of Judgment, every person will be under the shade of their charity.
✿ Charity is acceptable in all circumstances, whether a person is in debt or not, provided that:
◈ Charity is given sincerely only for the sake of Allah Almighty.
◈ Charity is given from lawful earnings.
◈ Charity is spent in a place that is permissible according to Shariah.
Conditions and rational requirements for giving charity:
✿ It is not a condition for giving charity that a person must be free of debt.
✿ However, if the debt equals all of a person’s wealth, then reason and wisdom require that the person should not give charity.
◈ Charity is a recommended (desirable) act, not obligatory.
◈ Repayment of debt is obligatory, and obligatory acts take precedence over voluntary acts.
✿ Therefore, a person should first repay his debt, and then give charity and alms.
Scholars’ Disagreement:
✿ Some scholars say that if a person has debt equal to all his wealth, then giving charity is not permissible because:
◈ It causes harm to the creditor.
◈ The legal responsibility remains if the obligatory debt is not paid.
✿ Some scholars say that in such a case giving charity is permissible but not preferable.
Summary: If a person owes debt equal to all his wealth, he should not give charity until he repays the debt, because obligatory acts (repayment of debt) take precedence over voluntary acts (charity).
Religious Rights Suspended for the Debtor:
1. Hajj:
✿ Hajj is not obligatory on a debtor until he repays his debt.
2. Disagreement Regarding Zakat:
✿ Among scholars, there is a difference of opinion on whether zakat is waived off from a debtor or not:
First Opinion:
✿ Some scholars say:
◈ In the presence of debt, zakat will be waived off, whether the wealth is apparent or hidden.
Second Opinion:
✿ According to some scholars:
◈ Zakat is not waived off; rather, the debtor must pay zakat on the entire wealth, even if the debt reduces the nisab.
Third Opinion:
✿ Some scholars have differentiated in this matter:
◈ If the wealth is from “hidden assets” (such as cash, trade goods), then zakat will be waived off due to the debt.
◈ But if the wealth relates to “apparent assets” (for example: livestock, agricultural produce), then zakat will not be waived off.
Preferred (Most Correct) Opinion:
✿ In my view, the correct position is that zakat is not waived off, whether the wealth is apparent or hidden.
✿ Whoever possesses enough wealth that zakat becomes obligatory, it is necessary for him to pay zakat, even if he is in debt.
✿ Because:
◈ Zakat is obligatory on wealth.
◈ While a debt is obligatory upon a person.
◈ The place and nature of both are different, therefore there is no contradiction between them.
Shariah Evidences:
The Holy Quran states:
﴿خُذ مِن أَمولِهِم صَدَقَةً تُطَهِّرُهُم وَتُزَكّيهِم بِها وَصَلِّ عَلَيهِم إِنَّ صَلوتَكَ سَكَنٌ لَهُم وَاللَّهُ سَميعٌ عَليمٌ ﴿١٠٣﴾… سورة التوبة
“Take from their wealth a charity by which you purify them and cause them increase, and invoke [Allah’s blessings] upon them. Indeed, your invocations are reassurance for them. And Allah is Hearing and Knowing.”
Hadith of the Holy Prophet ﷺ:
«أَعْلِمْهُمْ أَنَّ اللّٰهَ افْتَرَضَ عَلَيْهِمْ صَدَقَةً فِی أَمْوَالِهِمْ تُؤْخَذُ مِنْ أَغْنِيَائِهِمْ وَتُرَدُّ عَلَی فُقَرَائِهِمْ»
“Inform them that Allah has made Zakat obligatory on their wealth, which will be taken from their rich and distributed among their poor.”
Conclusion:
✿ Zakat and debt are not contradictory to each other.
✿ Debt is obligatory upon a person, while Zakat is obligatory on his wealth.
✿ Both must be paid in their respective places.
ھذا ما عندي والله أعلم بالصواب
