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Question:

Can a creditor be paid Zakat directly on behalf of a debtor?

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

As-salāmu ‘alaykum wa-rahmatullāhi wa-barakātuh.

The Answer:

It is permissible to pay Zakat directly to the creditor of a Faqīr debtor on condition there is acknowledgement from the Faqīr debtor.  If the Faqīr debtor does not sanction the payment, the payment will not be Zakat, rather, it will be a voluntary payment.

The Fiqh (jurisprudence of the answer):

The integral of Zakat is Tamlīk to the Zakat recipient.  Tamlīk refers to the transferral of ownership to the Zakat recipient by granting him possession.  Payment to a creditor without the acknowledgment of the Faqīr debtor is void of Tamlīk.  Although the payment was for the Zakat recipient but it was not to the Zakat recipient.  Providing a service to a Zakat recipient with Zakat funds without the acknowledgement of the Zakat recipient fails in fulfilling Tamlīk.

When the Zakat recipient acknowledges the payment, the creditor acts as an agent and Wakīl.  As an agent, the creditor takes possession on behalf of the Zakat recipient initially and then takes possession for himself as a payee of the funds.  Thus, Tamlīk is found in such a scenario and the Zakat payment is valid.

And Allah Ta’ālā Alone Knows Best

Mufti Faraz Adam,
www.darulfiqh.com
 
DISCLAIMER:
The views and opinions expressed in this answer belong only to the author and do not in any way represent or reflect the views of any institutions to which he may be affiliated.
Arguments and ideas propounded in this answer are based on the juristic interpretations and reasoning of the author. Given that contemporary issues and interpretations of contemporary issues are subjective in nature, another Mufti may reach different conclusions to the one expressed by the author. Whilst every effort has been taken to ensure total accuracy and soundness from a Shari’ah perspective, the author is open to any correction or juristic guidance. On the event of any juristic shortcomings, the author will retract any or all of the conclusions expressed within this answer.
The Shari’ah ruling given herein is based specifically on the scenario in question.  The author bears no responsibility towards any party that acts or does not act on this answer and is exempted from any and all forms of loss or damage.  This answer may not be used as evidence in any court of law without prior written consent from the author.  Consideration is only given and is restricted to the specific links provided, the author does not endorse nor approve of any other content the website may contain.

وَأما إِذا قضى دين حَيّ فَقير فَإِذا قضى بِغَيْر أمره يكون مُتَبَرعا وَلَا يَقع عَن الزَّكَاة وَإِن قضى بأَمْره فَإِنَّهُ يَقع عَن الزَّكَاة وَيصير وَكيلا فِي قبض الصَّدَقَة عَن الْفَقِير وَالصرْف إِلَى قَضَاء دينه فقد وجد التَّمْلِيك من الْفَقِير فَيجوز (تحفة الفقهاء ج 1 ص 307 دار الكتب)

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