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Question: Respected Mufti Sahib   Assalamualaikum Wa Rahmatullahi Wa Barakatuhu   I  hope that you are in sound health by the grace and Fadhl of Allah Subhanahu wa Ta’ala. I should be most grateful if you would kindly let me have a ruling (fatwa) on the following: Last year a man borrowed money from one of his friends in order to meet the necessary expenses for sending his son abroad for further academic studies.  One year has elapsed but the man has to-date failed to reimburse a single penny despite his willingness to do so.  He is now feeling very much embarrassed and shy vis-à-vis his friend.  Can Zakaat be given to the father , even though he is a sahib-e-Nisaab after deduction of his debts, being given that the amount borrowed was for his son who is Baaligh and non-Sahib-e-Nisaab and not for him? The son is still abroad and is not, as stated earlier, a Sahib-e-Nisaab.  Will my Zakaat considered to be discharged if I make the intention that it is for the son while remitting the sum to the father;  the money will be used to reimburse the loan contracted to incur expenses in favour of the son?  The problem here is that the father should not know that the money given to him is Zakaat. I would much appreciate if you could enlighten me on the matter urgently please.  I thank you in anticipation for your prompt action and hope to have your reply soon. Jazakumullah.  Wassalaam

Answered according to Hanafi Fiqh by Mahmoodiyah

Question:

Respected Mufti Sahib

 

Assalamualaikum Wa Rahmatullahi Wa Barakatuhu

 

I  hope that you are in sound health by the grace and Fadhl of Allah Subhanahu wa Ta’ala.

I should be most grateful if you would kindly let me have a ruling (fatwa) on the following:

Last year a man borrowed money from one of his friends in order to meet the necessary expenses for sending his son abroad for further academic studies.  One year has elapsed but the man has to-date failed to reimburse a single penny despite his willingness to do so.  He is now feeling very much embarrassed and shy vis-à-vis his friend.  Can Zakaat be given to the father , even though he is a sahib-e-Nisaab after deduction of his debts, being given that the amount borrowed was for his son who is Baaligh and non-Sahib-e-Nisaab and not for him?

The son is still abroad and is not, as stated earlier, a Sahib-e-Nisaab.  Will my Zakaat considered to be discharged if I make the intention that it is for the son while remitting the sum to the father;  the money will be used to reimburse the loan contracted to incur expenses in favour of the son?  The problem here is that the father should not know that the money given to him is Zakaat.

I would much appreciate if you could enlighten me on the matter urgently please.  I thank you in anticipation for your prompt action and hope to have your reply soon.

Jazakumullah.  Wassalaam


Answer:

 

                  

 

In order for the Zakaat to be discharged it is necessary to make the intention of Zakaat (in the heart) at the time of discharging it regardless of what it is named when handing it over to the deserving recipient.  Therefore, one method that can be adopted in order to discharge the Zakaat, without the father coming to know about it, is that the sum should be given to the father naming it to be a gift for his son (but intending it to be Zakaat).  This is if the son is not Sahib-e-Nisaab and does not have surplus goods (non-necessities).  In this way the money will be transferred into the son’s possession (though the son did not physically take possession of it) who is deserving of Zakaat and the Zakaat will be discharged.  (Raddul Muhtaar, Vol. 2, Page 11)

Now, since the money is in the son’s possession, the father must take his son’s consent before using that money to repay the debt that he took in order to meet the expenses for sending him abroad.        

   

And Allah Ta’ala knows best

Qasim bin Hashim Limbada

Attested to as correct by:

Mufti Muhammad Ashraf

Darul Iftaa

Jameah Mahmoodiyah

Springs

06 September 2004

20 Rajab 1425

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