بسم الله الرحمن الرحيم
debt is owned by the lender. However, regarding to whether the lender to pay zakat money given to them that some chelovku in debt, and who are not in his possession, legal scholars have different opinions:
Ibn Umar, Aisha and Ikrimah freedman Ibn Abbas yes Allah be pleased with them, believed that with the money transferred to thedebtis not paid zakat. They explained this by saying that thistheir is notproperty is multiplied, and it is like the property for personal use.
Majority of jurists thus clarified the question.
"Duty payable"can have two states:
1) "Duty payable" [1 ], which is expected to return.
2) "Duty payable", which is not expected to return.
1 - "Duty payable" whose return isexpected- it is a duty in the hands of someone whorecognizes that it must, and seeks to repay the debt (solvency). Scientists' opinions on this matter as follows:
The Hanafis and Hanbalis are of the opinion of Imam Sufyan al-Souvri that creditor zakat given tothem in the debt amount should be paid for each year since it is his property. However, he should pay Zakat when he will get the money back at their disposal. In this case, he must pay the money for all the time during which the money was from the debtor. Scientists explained by the fact that until the debt is listed in the debtor, the creditor need not pay zakat to the moment when he does not get the money back, and that he (the lender) does not receive any money from these benefits (benefits) at a given time and wrong will pay zakat funds from which there is no benefit.
worth noting that debit contribution, whose owner may withdraw funds from it at any time, differs from similar debt and zakat it must be paid at the end of the year (ie is annually, and not necessarily for this money to withdraw money from a debit account).
Imam ash-Shafi'i, as well as Hammad ibn Abi Sulayman, Ishaq and Abu Obeid believed that zakat "expected debt" should be paid at the end of each year, as is required to pay with money that are in his own hands (?)because the lender still has the opportunity to pick them up and use them. [2]
2 - "Duty payable" whose return is notexpected- it is the duty of the poor (insolvent) a person, or someone who defers payment or refuses to recognize that it has aduty.Scientists 'opinions on this matter as follows:
Scientists adhere to the Hanafi madhhab and Qatadah, Ishaq Abu Souvr (Narrated by Imam Ahmad), may Allah have mercy on them Allah, believed that zakat such debt is not paid because of "defective ownership' money since he (the creditor) can not benefit from them. This view is the opposite of the opinion of Imam al-Shafi'i.
Another view (Imam al-Souvri Abu Ubaid (Reported by Imam Ahmad) and Imam ash-Shafi'i) is that he (the creditor) must pay zakat with the money for each year after when he gets the money back. This corresponds to the fact that Ali sent, yes anhu, duty, who hopes to get the lender: "If he is right, when he gets it, he shall give him zakat for all elapsed time" .
Imam Malik believed that, no matter how many years the money lender was not the debtor, the creditor should pay zakat only one year, and only after he gets the money back. It is also the opinion of Umar ibn Abdul-Aziz Hassan and Al-Laith Auvzai, may Allah have mercy on them all Allah.
"Deferred debt"Opinion
Hanbalis, as well as one of the two opinions Shafi (more correct) is that "deferred debt" like a debt in the hands of the insolvent debtor. This is because the lender is unable to obtain debt at the moment, therefore, it should zakat to pay only when he will return the money. Zakat must be paid for allyearsfor which the money was from the debtor. Shaafa'is Another view is that zakat such debt creditor must pay annually, even if the debt is not returned to him. [3]
In Maliki and Hanafis, we found no that they make a distinction between the "duty to pay" and "deferred debt."
Source:"Encyclopedia of Islamic Law," "al-al-Mauvsua Fikhiyya" Volume 23, pp. 238-239.
[1] Ie debt not maturing.
[2] See "al-Mugni" 3 \ 46 "Sharh al-Minhaj" 2 \ 40.
[3] See "al-Mugni" 3 \ 46 "Sharh al-Minhaj "2 \ 40
Muhammadbashir Albogachiev
