بسم اللــــه الرحمـــــــــن الرحيم
■ Delaying payment of Zakaah ■
Our Shaykh, Muhammad ibn Hizaam -may Allaah preserve him- was asked the following question:
The Questioner says: Must he pay ‘Zakaah’ on money that he loaned out which is yet to be repaid, or must he delay paying its ‘Zakaah’ until it is repaid back to him? Bearing in mind he is unable to pay ‘Zakaah’ until he is repaid.
You are allowed to delay paying its ‘Zakaah’ up until it is repaid back. Especially as you are unable to do otherwise. It is permissible to delay payment of Zakaah on money one has loaned out if the one who took the loan is finding it difficult to repay it, or if they are intentionally holding back from repaying it.
Thus, you are allowed to delay paying ‘Zakaah’ due on this money, up until the money is returned to you. If It is returned to you, you have to pay its ‘Zakaah’. Otherwise, it’s not obligatory for you to do so.
If a person’s loan goes missing and he has no hope of it being repayed back, is it still obligatory for him to pay ‘Zakaah’ due on that money?
The correct stance in this matter is that it takes the same ruling as the previous question; he simply delays paying its Zakaah until the debt is paid back.
Once the money is payed back, the scholars differed as to what follows; must he pay ‘Zakaah’ for the current year only, or must he pay Zakaah on all the previous years? (from the time he loaned the money out, until now). In fact, some even stated that he does not pay any ‘Zakaah’ at all.
However, the correct opinion is that he pays Zakaah on all the previous years, because his case is the same as one who has money stored somewhere (for a number of years). And the ruling of stored wealth is that he pays Zakaah on all the previous years (wherein the wealth was stored).
Furthermore, it has authentically been reported from ‘Ali Ibn Abi Taalib (may Allah be pleased with him) that he gave the verdict to pay Zakaah on all the previous years. This report is found in the book of wealth (Al-anwaal) of Abu ‘Ubaid,
Abu Sufyaan Saami Al-Ghaani
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