Debtor paying zakat on creditors behalf

I borrowed some money from someone who asked me to pay the zakaat on it until I pay it back. Is this permissible? I was wondering as it seems that I am paying back more for the loan than I borrowed and this is called interest…

Similarly, someone was living with her parents and she loaned them some money. They offered to pay the zakaat on the loan and she accepted. At the time they were paying her living expenses too. Is that zakaat paid?

In the name of Allah, the most Beneficent, the most Merciful.

Answer

There are two ways to look at this Masala.

  1. If the creditor tells the debtor to pay zakat from the £1000 then this without doubt is permissible. It as though the creditor has made the debtor a representative to dispense of one’s zakat. However, the following two points must be kept in mind;

 

(1)  The representative should be god fearing (Muttaqi)

(2)  As long as the wealth remains in the debtors hand, it as though the creditor has it. Zakat will only be discharged once the money has been given to the recipients. (Imdadul Masaail Zakat p.70)

The debtor will only be required to return £975.

  1. If the creditor places a condition that “I am lending you this money with the condition that you (the debtor) are obliged to pay the zakat on behalf of me (the creditor) from your own wealth. The zakat in this situation will not be discharged. (Fatawa Rahimiyah p.148 v.5)

With regards to the second question it will not be considered as riba or interest. This is because the parents generally out of their own will without any force pay ad support their daughter. However, if the daughter say had been living somewhere else and she gave a debt to her parents with the condition they will have to provide her with the living costs and maintenance costs then that will be impermissible. The reason for its impermissibility will be because of the following hadith in which the Prophet of Allah Sallallahu Alahi Wasalam has prohibited from such a loan, which entails some benefit for the creditor as this will be considered as interest.

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Only Allah Knows Best

Mohammed Tosir Miah

Darul Ifta Birmingham