Home » Hanafi Fiqh » Askimam.org » Is it permissible to not demand repayment of a loan to one’s real brother and instead treat it as payment towards obligatory zakaat?

Is it permissible to not demand repayment of a loan to one’s real brother and instead treat it as payment towards obligatory zakaat?

Answered as per Hanafi Fiqh by Askimam.org

To pay back the loan. His financial position is very weak and he is jobless and under debt from other people also. It seems that he will not be able to repay the loan. Considering his financial position and his present circumstances I think he will qualify as a zakaat recipient. My I gave some money as a loan to my real brother 12 years ago .Due to various reasons he has not been able questions are as follows 1.Is it permissible to give zakaat to one’s real brother? 2.If the answer is yes, then considering the above specific situation, would it be permissible for me to not demand the repayment of the loan and instead consider it a payment towards my zakaat obligations for this year up to the extent of the amount due. 3.If the answer to question 2 is yes, then do I have to get the consent of my brother regarding discharging my zakaat obligation? I fear that his feelings may be hurt and he may not like being considered a zakaat recipient. In that case would it be OK for me to just tell him I am not demanding repayment of the loan and without telling him can I adjust the amount towards my zakaat obligations?

Answer

Respected Sister-in-Islam

Assalaamu Alaykum Wa Rahmatullaahi Wa Barakaatuhu

1. It is permissible. (Shaami vol.2 pg.346; HM Saeed)
2. Tamleek (transfer of ownership) is necessary for the Zakaat to be
discharged. Therefore, the sum should be handed over to him first, then you
can request him to pay off his debt. He does not have to be told that he is
being given Zakaat money.

and Allah Ta’ala Knows Best

Mufti Ebrahim Desai
FATWA DEPT.

Original Source Link

This answer was collected from Askimam.org, which is operated under the supervision of Mufti Ebrahim Desai from South Africa.

Read answers with similar topics: