Hadith 22664

Yahya related to me from Malik from Yazid ibn Khusayfa that hehad asked Sulayman ibn Yasar whether zakat was due from a man who hadwealth in hand but also owed a debt for the same amount, and hereplied, "No."Malik said, "The position that we are agreedupon concerning a debt is that the lender of it does not pay zakat onit until he gets it back. Even if it stays with the borrower for anumber of years before the lender collects it, the lender only has topay zakat on it once. If he collects an amount of the debt which isnot zakatable, and has other wealth which is zakatable, then what hehas collected of the debt is added to the rest of his wealth and hepays zakat on the total sum."Malik continued, "If he has noready money other than that which he has collected from his debt, andthat does not reach a zakatable amount, then he does not have to payany zakat. He must, however, keep a record of the amount that he hascollected and if, later, he collects another amount which, when addedto what he has already collected, brings zakat into effect, then hehas to pay zakat on it."Malik continued, "Zakat is due onthis first amount, together with what he has further collected of thedebt owed to him, regardless of whether or not he has used up what hefirst collected. If what he takes back reaches twenty dinars of gold,or two hundred dirhams of silver he pays zakat on it. He pays zakat onanything else he takes back afte rthat, whether it be a large or smallamount, according to the amount."Malik said, "What showsthat zakat is only taken once from a debt which is out of hand forsome years before it is recovered is that if goods remain with a manfor trading purposes for some years before he sells them, he only hasto pay zakat on their prices once. This is because the one who is owedthe debt, or owns the goods, should not have to take the zakat on thedebt, or the goods, from anything else, since the zakat on anything isonly taken from the thing itself, and not from anything else."Malik said, "Our position regarding some onewho owes a debt, andhas goods which are worth enough to pay off the debt, and also has anamount of ready money which is zakatable, is that he pays the zakat onthe ready money which he has to hand. If, however, he only has enoughgoods and ready money to pay off the debt, then he does not have topay any zakat. But if the ready money that he has reaches a zakatableamount over and above the amount of the debt that he owes, then hemust pay zakat on it."