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.

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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Arguments and ideas propounded in this answer are based on the juristic interpretations and reasoning of the author. Given that contemporary issues and their interpretations 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. In the event of any juristic shortcomings, the author will retract any or all of the conclusions expressed within this answer.

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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

 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]