In the name of Allah, the Most Gracious, the Most Merciful. All praise belongs to Allah, Lord of the Worlds. Prayers and salutations be upon the Master of the Messengers ﷺ, and upon his family and Companions. There is no power nor strength except through Allah, the Mighty, the Wise.
Allah Almighty says:
“Zakāt is for: the poor, the destitute, those who collect it, reconciling people’s hearts, freeing slaves, those in debt, spending in the Way of Allah, and travellers. It is a legal obligation from Allah. Allah is All-Knowing, All-Wise.”
[Qurʾān 9:60]
The majority of fuqahāʾ hold that zakāt must be transferred into the ownership of the eight categories of recipients designated as the lawful channels of zakāt, among whom is the ghārim—the person burdened with debt. Therefore, the zakāt must either be handed over to him or paid directly to the creditor with his permission.
Imām al-Nawawī (may Allah have mercy on him) said: “Our ʿulamāʾ said: It is permissible to allocate the share of the indebted person to the one who owes the debt, whether with the creditor’s permission or without it. However, it is not permissible to give it directly to the creditor except with the permission of the debtor. If it is paid without his permission, the payer’s zakāt is not considered valid, though the amount paid will still be effective in reducing the debt accordingly.
It is preferable to give it to the creditor with the debtor’s permission, so that it is clearly established that it was paid toward the debt. This is unless the debtor does not possess enough to repay the debt and wishes to use the funds for trade or investment in order to increase his capital until it reaches the amount needed to settle the debt.”
The Ḥanafī scholar Kamāl al-Dīn Ibn al-Humām (may Allah have mercy on him) transmitted: “If someone builds a mosque with the intention of zakāt, or performs Ḥajj, or frees a slave, or settles the debt of a living or deceased person without the permission of the living debtor, it is not valid (as zakāt).”
Likewise, in ‘al-Fatāwā al-Hindiyya’ it is stated: “If a person settles a poor person’s debt using his zakāt, it is permissible if done with the debtor’s instruction; but if done without his instruction, it is not permissible—although the debt itself will be reduced.”
Imām al-Dardīr (may Allah have mercy on him) said: “A debtor may be given from zakāt an amount sufficient to repay his debt.”
Imām al-Qurṭubī (may Allah have mercy on him) said: “If zakāt is paid on behalf of a debtor to settle his debt without his instruction, it does not count (as zakāt), since ownership was not transferred to him.”
The Ḥanbalī ʿulamāʾ differed from the majority and held that it is permissible to settle the debt of a zakāt-eligible debtor directly.
Imām al-Mardāwī (may Allah have mercy on him) said: “If the owner of the wealth pays the creditor without the poor debtor’s permission, the correct view of the Ḥanbalī School is that it is valid.”
ʿAllāma al-Bahūtī (may Allah have mercy on him) said: “If the owner gives zakāt to the creditor to settle the debt of the poor debtor without his permission, it is valid and he is cleared of his obligation. This is because he has paid the zakāt toward settling the debtor’s obligation—similar to if he had given it to the debtor and the debtor then paid his debt with it.”
This view fulfils many beneficial interests for the poor, and may even spare them embarrassment by allowing their debts to be settled without placing them in an awkward position. It also allows the zakat-giver to be confident that the zakāt has reached its proper place.
Nevertheless, the safer course—so as to avoid scholarly disagreement—is to obtain the permission of the poor debtor and the person who owes the debt. Such permission may be secured directly, through an intermediary, or by another suitable method that respects the feelings and dignity of those in need.
Etiquette:
The needy and impoverished often taken goods in the marketplaces on credit due to their crippling financial circumstances. Therefore, paying off the debts of the poor certainly opens a door of goodness for anyone who wishes to pursue it. Doing so alleviates a weighty burden on their shoulders and brings joy to their hearts and consoles them.
It is narrated on the authority of ʿAbd-Allāh b. ʿUmar (may Allah be pleased with them both) who relayed that the Messenger of Allah ﷺ said: “Whoever fulfils the need of his brother, Allah will fulfil his need. Whoever relieves a Muslim of a hardship, Allah will relieve him of a hardship from the hardships of the Day of Resurrection. And whoever conceals the fault of a Muslim, Allah will conceal him on the Day of Resurrection.” Reported by al-Bukhārī(§2442) and Muslim (§2580).
And it is narrated on the authority of Anas b. Mālik (may Allah be pleased with him) who said: “The Messenger of Allah ﷺ said, ‘Whoever meets his Muslim brother with something that pleases him for the sake of Allah and brings him happiness—Allah, Mighty and Exalted, will make him happy on the Day of Resurrection.” Reported by al-Ṭabarānī in ‘al-Muʿjam al-Ṣaghīr’ (§1178); its sanad is good.
Mullā ʿAlī al-Qārī (may Allah have mercy on him) said: “Bringing joy to the heart of a muʾmin is better than the worship of mankind and jinn combined.”
Imam al-Ghazālī (may Allah have mercy on him) said: “Among the righteous of the Salafwere those who kept two ledgers for accounts. One of them had an anonymous title, containing the names of weak and poor people whom they did not personally know. A poor person might see food or fruit and desire it, and say: ‘I need five pounds of this, for example, but I do not have the money for it.’ The merchant would say: ‘Take it and pay its price when you are able.’ Yet, at that time, this was not considered the highest standard of generosity. Rather, the truly virtuous among them were those who would not record the person’s name in the ledger at all, nor treat it as a debt. Instead, they would say: ‘Take whatever you want. If it later becomes easy for you to pay, then pay; otherwise, you are absolved of it and free of any obligation.’ These were the ways of trade practiced by the Salaf, but such lofty etiquetteshave largely disappeared today. Whoever revives them is certainly reviving a noble Sunna. In general, commerce is a touchstone for men: through it a person’s Dīn and scrupulousness are truly tested.”
And Allah knows best.
