Muslims Till Death:
AS SALAAMU ALAYKUM WARAHMATULLAH WABARAKAATUHU. LET'S START TONIGHT'S EDUCATION. OUR TOPIC IS π. *ZAKAT (Episode 4)(FINAL)___*PAGE 1*___. ✍️...
*Should the Person in Debt Pay Zakat?*
The one who has any “zakatable” wealth must pay zakat on it, when one year has passed since he acquired it, even if he has debts, according to the more correct of the two scholarly opinions, because of the general meaning of the evidence that zakat is obligatory upon everyone who has wealth on which zakat is due, if one year has passed since he acquired it, even if he has debts.
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The Prophet (peace and blessings of AllΔh be upon him) used to command his agents to take zakat from those who owed zakat, and he did not tell them to ask them whether they had any debts or not. If having debts meant that one did not have to pay zakat, the Prophet (peace and blessings of AllΔh be upon him) would have told his agents to ask the people who were paying zakat whether they had any debts or not.
Majmoo’ Fataawa wa Maqalaat Mutanawwi’ah by Shaykh ‘Abd al-‘Azeez ibn Baaz, 14/51.
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“… But if you pay off the debt with cash in hand before one year has passed, there is no zakat on what you have spent to pay off the debt; rather zakat is due on whatever is left, if one year has passed and it reaches the minimum threshold (nisaab).”
Shaykh Ibn ‘Uthaymeen (may AllΔh have mercy on him) was asked about a person who has capital worth two hundred thousand riyals and owed a debt of two hundred thousand riyals, and was paying it off at a rate of ten thousand per year – does he have to pay zakat?.
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He replied: Yes, he has to pay zakat on the wealth that is in his possession, because the texts which speak of the obligation of zakat are general in meaning, and do not make any exceptions. No exception is made for one who is in debt. As the texts are general in meaning, we have to follow them.
Moreover, zakat must be paid on wealth, because AllΔh says: “Take Sadaqah (alms) from their wealth in order to purify them and sanctify them with it, and invoke AllΔh for them. Verily, your invocations are a source of security for them; and AllΔh is All-Hearer, All-Knower”
[al-Tawbah 9:103].
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And according to the hadith narrated by al-Bukhari from Ibn ‘Abbas (may AllΔh be pleased with him), when the Prophet (peace and blessings of AllΔh be upon him) sent Mu’aadh to Yemen he said: “Tell them that AllΔh has enjoined zakat from their wealth.” So AllΔh and His Messenger have stated that zakat has to do with the wealth itself, not with the person’s obligations towards others; debt has to do with personal obligations towards others. They are two separate issues, so zakat must be paid from the wealth that is in your possession, and the debt is a personal responsibility.
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Each person must fear his Lord and pay zakat on the wealth that is in his possession, and seek the help of AllΔh to pay the debt that he owes, saying: O AllΔh, pay off the debt that I owe and make me independent of means. Perhaps if he pays zakat on the wealth that is in his possession, that may be a means of bringing blessing to this wealth and causing it to grow, so that he may discharge his duty of paying his debts.
If he withholds zakat, however, that may be a cause of his becoming poor, so that he always sees himself as being in need and not able to pay zakat. Praise AllΔh if He makes you one of the givers and not one of the takers.
Majmoo’ Fataawa al-Shaykh Ibn ‘Uthaymeen, 18/39.
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*Giving Zakat to Relatives*
Giving zakat to relatives who are entitled to it is better than giving it to those who are not your relatives, because giving charity to relatives is both charity and upholding the ties of kinship. The Prophet (peace and blessings of AllΔh be upon him) said: “Charity given to a poor person is charity, but charity given to a relative is two things, charity and upholding the ties of kinship”.
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Narrated by al-Nasaa’i, 2581; al-Tirmidhi, 658; classed as saheeh by al-Albaani in Saheeh al-Nasaa’i, 2420.
But if these relatives are among those on whom you are obliged to spend, and you give them your zakat so that you can save money, then that is not permissible. But if your wealth is not sufficient to spend on them, then there is nothing wrong with giving them some of your zakat. Similarly, if they are in debt and you pay off their debts from your zakat, there is nothing wrong with your doing that, because a person is not obliged to pay off his relative’s debt, so if he pays it off from his zakat then that is fine.
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Even if it is your son or your father who owes a debt to someone and cannot pay it off, it is permissible for you to pay it off from your zakat.
From the fatwas of Shaykh Muhammad ibn ‘Uthaymeen (may Allaah have mercy on him). Fatawa al-Shaykh Muhammad al-Saalih al-‘Uthaymeen, 1/461.
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*Ruling on the one who does not pay Zakat*
The one who does not pay zakat either believes that it is obligatory or he does not. If he does not believe that it is obligatory, then he is a kaafir according to the consensus of the Muslims, because he is denying something that no Muslim has any excuse for not knowing. If he believes that it is obligatory but he does not pay it because he is stingy, then he is not a kaafir according to the majority of scholars, but some of the scholars are of the view that he is a kaafir.
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Ibn Qudaamah (may AllΔh have mercy on him) said in al-Mughni (2/228): Whoever denies it out of ignorance, and he is ignorant of it because he is new in Islam or because he grew up in a remote area far from the cities, should be informed that it is obligatory and should not be regarded as a kaafir, because he is excused. But if he is a Muslim who grew up in a Muslim land where there are a lot of scholars, then he is an apostate to whom the rulings on apostates apply: he should be asked to repent three times; if he repents, all well and good,
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..otherwise he is to be executed, because the evidence that zakat is obligatory is clearly stated in the Qur’an and Sunnah and the consensus of the ummah, and it can hardly be unknown by someone in his situation. If he denies it, that can only be because he is denying the Qur’an and Sunnah and does not believe in them. If he withholds it although he believes it is obligatory, and the ruler is able to take it from him, then he should take it and punish him (ta’zeer), but he should not take any more than the zakat that is due, according to the view of the majority of scholars, including Abu Haneefah, Maalik, al-Shaafa’i and their companions.
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End of Today's Education. Subhanakallahuma wabihamdik ash-Hadu an laaila Ilan Anta astagfiruka wa atuuubu ilayhi. *We are done on this same topic and will come your way with a new topic soonest in sha Allah*. Questions, problems and complaints on this program are welcome privately. May HE strengthen and make us steadfast in faith. May HE accept our ibaadat and grant us the Good in this World and the Hereafter. May Allah Azza wa jalla forgive and grant us Jannah...AMIN.
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