Giving a debtor Zakaah to settle the wife’s loan

QUESTION:

My wife loaned my niece a considerable amount of money. My niece is currently unable to pay the money back because her husband is unemployed. They have a daughter who is Baligh and eligible for Zakaah. Can I distribute my Zakaat again to them and suggest, not instruct, that they use this Zakaat money to offset some of the loan they owe to my wife?

ANSWER:

If the niece and her daughter are eligible to receive Zakaat, then it will be permissible to assist them with Zakaat funds. They should be given possession of the Zakaat funds and thereafter requested to settle the debt owed to your wife. The Zakaat will not be discharged by merely wiping off the debt. Also, if after taking possession of the Zakaat funds, they opt not to use the monies towards the settlement of their debt, they are at liberty to do so. However, there is no problem in requesting or advising them to do so.

وحيلة الجواز أن يعطي مديونه الفقير زكاته ثم يأخذها عن دينه (الدر المختار وحاشية ابن عابدين 2/271)

Re: – Fataawa Uthmaani Vol.2 Pg. 63

It is recorded in the Hadith Sharif that giving charity to family members carries a double-fold reward as recorded in the narration of Saheeh Ibn Khuzaimah, which is recorded below. One should therefore give preference to poor family members before assisting others.

عن سلمان بن عامر أن رسول الله صلى الله عليه وسلم قال إن الصدقة على المسكين صدقة، وإنها على ذي رحم اثنتان، إنها صدقة وصلة (صحيح ابن خزيمة #2385)

 Salmaan bin Aamir Radiallahu Anhu reports that Rasulullah Salallahu Alaihi Wasallam said, “Verily giving charity to a poor person carries the reward of charity. However, giving charity to a close relative carries a double-fold reward; that of charity and joining family ties.”

ALLAH TA’ALA ALONE IN HIS INFINITE KNOWLEDGE KNOWS BEST!

ANSWERED BY:

Maulana Abdul Kader Fazlani

Date: – 09 Jumadal Ula 1445 / 24 November 2023

CHECKED AND APPROVED BY:

Mufti Mohammed Desai Saheb