Ruling on paying the deceased’s debt from Zakah

Is it permissible to give Zakaah to pay the debt of a deceased person?

All perfect praise be to Allaah, The Lord of the Worlds. I testify that there is none worthy of worship except Allaah, and that Muhammad , is His Slave and Messenger.

There is a difference of opinion among the scholars over the permissibility of paying the debt of the deceased from Zakah.

Some say that it is impermissible to pay it from Zakah, because the debtor is the deceased himself to whom nothing could be paid, and if the Zakah is paid to the creditor after the death of the debtor, the recipient will be the creditor rather than the debtor. Thus, Zakah would be paid to somebody ineligible to receive it.

The second opinion makes it permissible to give Zakah to pay the debt of the deceased, in view of the general ruling of the Quranic Verse which includes every debtor, be he living or dead. Some scholars even say that the deceased’s debt is worthier than the living’s of being taken from Zakah, since paying it is not expected, unlike that of the living.

This last opinion is preponderant because if a Muslim dies and he is in debt, and does not leave behind anything to pay his debt, it is permissible that his debt be paid on his behalf from the Muslim treasury. In confirmation, it is narrated by Al-Bukhari, Muslim and others that the Messenger of Allaah , said: “There is no believer but that I am the worthiest of him among all the people in this World and in the Hereafter. Read, if you so like, (Allaah’s Saying which means): {The Prophet is more worthy of the believers than themselves.} [Quran 33:6] So, whoever among the believers leaves behind property, let his  relatives via agnation inherit it (according to their obligatory shares); and whoever leaves behind debts or helpless dependants, bring them to me, and I will bear the responsibility on his behalf.”

That is the basic rule. If it is difficult to pay it from the Muslim treasury, it becomes permissible to pay it from Zakah, provided that the one who pays it is not the creditor. The validity of this last opinion is supported by the fact that Allaah The Almighty Divided the recipients of Zakah into two kinds: the first kind includes those who should be made to own Zakah by themselves, i.e. the poor, the needy, those employed to administer it, and those whose hearts are sought to be attracted to Islam: it is those kinds of recipients who should be made to own it by themselves. The other recipients are includes those whose ownership of Zakah is not a condition even though they are illegible to receive it:  they are the remaining categories, including those in debt. In confirmation, Allaah The Almighty Says (what means): {Zakah expenditures are only for the poor and for the needy and for those employed to collect [zakah] and for bringing hearts together [for Islam], and for freeing captives [or slaves] and for [paying the debt of] those in debt and for the cause of Allaah and for the [stranded] traveler - an obligation [imposed] by Allaah. And Allaah is Knowing and Wise.} [Quran 9:60]

As for the people in debt, being of the kind whose ownership of Zakah is not conditioned, hence, it is permissible to pay the debt on their behalf.

That is the choice of Shaykh Al-Islam Ibn Taymiyyah .

Allaah Knows best.