Fatwa ID: 06635
Answered by: Maulana Mohammed Haroon Hussain
Question:
Over a period of years, Bakr had taken loans from various people promising them that he would be investing the money and giving them X percentage of profit. Over this period, he wasted all the money and lost a lot of it on haraam avenues, such as gambling etc. When it came time to pay back the loans, he left his wife and children and disappeared. Now the creditors are after the family of this man, including his parents and his brothers. Someone mentioned to them to take Zakat’s money and pay off their debts. Will this be permissible? Is there any way that they can be paid through Zakat money? Can someone act as a wakeel on behalf of the man and use it to pay off the debts because technically he is one of the recipients of Zakat?
In the name of Allah, the Most Gracious, the Most Merciful
Answer:
Another person can pay his debt on his behalf and be his wakeel.
In principle, if a person does not have such wealth that reaches the nisab level, he can be given Zakat and similarly, if a person has such a debt that at the end of the year, he subtracts his debts from his total wealth and has less than the nisab amount, he can be given Zakat. However, if he has wealth above the nisab level or has wealth above his necessity, he will not be eligible for Zakat.
As far as giving Zakat money to someone in debt it is permissible but some scholars add the condition that this person should not have borrowed money for something impermissible. If someone goes into debt for something sinful then he should not be helped with zakat money1.
Only Allah knows the best
Written by Maulana Mohammed Haroon Hussain
Checked and approved by Mufti Mohammed Tosir Miah
Darul Ifta Birmingham
1 Maariful Qur’an p.413 v.4
