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Zakat on a large loan.

Answered according to Hanafi Fiqh by DarulIftaBirmingham


Answered by: Aalimah Nasima Umm Hamza​


Question:


Assalamu Alaikum Wa Rahmatullah!


Hazrat, I am trying to understand another masala, for example, Zaid takes a loan of $5,000 from his brother, and his brother tells him to pay $200/month, but Zaid doesn’t pay every single month, but on and off.


Would it be necessary to deduct however much money Zaid owes his brother of that loan when calculating Zakat? Or, Zaid will not deduct anything because his brother is not making مطالبة of the money?


But at the same time, Zaid’s brother did not verbally mention to him that he has pardoned the debt. Would qiyas here be made on مهر مؤجل, in terms of it not being deducted because of عدم المطالبة عادة? Jazak Allahu Khairan


 


بِسْمِ اللهِ الرَّحْمنِ الرَّحِيْم


In the name of Allah, the Most Gracious, the Most Merciful.


Answer:


Assalamu Alaikum Wa Rahmatullahi Wa Barakaatuh,


Zaid would deduct any money owed off his wealth when calculating his Zakat.


 


He would need to consider the debt with his brother in his calculations since they have already made an agreement of repayment. The principle here, is that all things are considered to be upon their status quo, so unless Zayd’s brother said or indicated in some way that he has forgiven the debt, it would be assumed that the debt still remains. [1]


 


Allah (swt) alone knows best.


 


Answered by Aalimah Nasima Umm Hamza


Checked and approved by Mufti Mohammed Tosir Miah


Darul Ifta Birmingham


 


 


 


 


This answer was collected from DarulIftaBirmingham.co.uk, which is run under the supervision of Mufti Mohammed Tosir Miah from the United Kingdom.

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