Question(s):
Assalam Alaykum w w, I asked a question a couple of weeks ago about my brother in law if he was eligible for zakat, he is a divorcee with 1 11 year old child, he does work but literally just gets by. He doesn’t have any assets. He is also in debt with a lot of people which he had done deliberately to please his wife. Recently he has been in an accident where he has broken 1 leg and 1 arm, which has been operated on. So he wants to go back to work because he has no income to support himself and his son. Please would appreciate a reply, as everyone has different views on whether he is eligible for zakat. Jazakallah Khair.

Answer(s):
In the Name of Allah, the Most Gracious, the Most Merciful.

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

In principle, if after factoring in the debts one owes, one does not own wealth equivalent to nisāb, beyond one’s basic necessities, then one is eligible to receive zakāt. [1][2]

And Allah Ta’āla Knows Best.
Mufti Mubasshir Talha Ahmed
18 Rajab 1443 / 20 February 2022

Concurred by: Annas Shah
Approved by: Mufti Tahir Wadee | Mufti Yusuf Ilolvi

Note: This fatwa is only to be viewed with the question asked. In the event of presenting this to a third party, please ensure it is coupled with the original question, as well as the references below for Islamic Scholars.


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[References]

[1]
Note: The following figures are the nisāb/thresholds for gold, silver and cash:

* Nisāb for gold: 87.48g
* Nisāb for silver: 612.36g
* Nisāb for cash: the value of 612.36g of silver

[2]
 قلت: أرأيت رجلا له مسكن وخادم يساويان عشرة آلاف درهم وعليه دين خمسة آلاف وله ألف درهم أيحل له أن يقبض الصدقة؟ قال: نعم
[Al-Asl, 2/93, Dar Ibn Hazm]

وأما قوله تعالى والغارمين فهم المديونون الذين لا يملكون نصابا فاضلا عن دينهم
[Al-Mabsut, 3/12, DKI]

قال: (والغارم) من لزمه دين ولا يملك نصابا فاضلا عن دينه
[Durar al-Hukkam, 1/506, Zahidân]

قوله: (ولا يملك نصابا فاضلا عن دينه) أفاد أنه إذا ملك نصابا غير فاضل جاز له الصدقة؛ لأن المستحق بالدين وجوده وعدمه سواء كما في العناية
[Hashiyah Al-Shurunbulaliyyah, 1/506, Zahidân]

م: (والغارم من لزمه دين ولا يملك نصابا فاضلا عن دينه) هذا هو الخامس من المصارف يعني يصرف للغارم أيضا
[Al-Binâyah, 3/453, DKI]