Person in Debt

Book:

The Book of Zakat - كتاب الزكاة

Chapter:

Persons on whom Zakat is Obligatory

Topic/Issue:2502 - Person in Debt
Opinions:
Opinion FromOpinionExplanation
Imam Abu HanifaDebts do not ward off zakat on grain, but they do prevent it on other kinds of wealth
Imam MalikDebts prevent zakat on liquid assets alone, unless these include goods that can pay off the debt, in which case zakat is not prevented.
Others:
al- Thawri, abu Thawr, Ibn al- mubarakThere is no zakat on the wealth, whether it is in the form of grain or something else, unless the debts are deducted from it. If the remaining amount (after payment of debts) reaches the minimum amount which is subject to zakat, it is to be paid otherwise not.Zakat is a right due to needy. Hence there is no zakat on the wealth of a person who is burdened with debt, as the right of the creditor is prior, with respect to time, to the right of the needy, for the wealth in reality is owned by the creditor and not the person who has possession over it.
OthersDebts don't prevent zakat at all. Zakat is worship. Hence it is to be levied on the person who has possession of it, as that is the basis of liability (taklf) and a criterion for imposing the obligation on the subject irrespective of his being in debt. Further, there is a conflict here between two kinds of rights, the right of Allah and the right of man, and the right of Allah has a higher priority for being met.
Tags :Worship, Zakah, Debt, Wealth,
References:1[pg:285]
Last Updated:2011-02-09

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