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(F 315) Is it permissible to pay wealth Zakāh (zakāt al-māl) to settle the debt of a divorced woman whose husband took out a usurious loan with her as the guarantor, then took the money, divorced her, and fled? She is now liable for the debt and faces either payment or imprisonment. She is not poor as she is a teacher, but her salary is insufficient to pay off the debt, especially since she is now responsible for the children’s expenses after the husband fled.

The default principle for Zakāh eligibility is that the recipient must fall into one of the categories mentioned in the verse: “Charity expenditures are only for the poor and for the needy and for those employed to collect [zakāh] and for bringing hearts together [for Islam] and for freeing captives [or slaves] and for those in debt and for the cause of Allāh and for the [stranded] traveler – an obligation [imposed] by Allāh. And Allāh is Knowing and Wise” [At-Tawbah: 60].

The verse specifically mentions the category of “those in debt” (al-ghārimīn), referring to people who owe a debt. However, debts do not qualify one to receive Zakāh unless certain conditions are met:

  1. The debt must be related to basic life necessities such as food, drink, housing, and medical treatment. Debts incurred for purchasing a house on long-term installments, expanding or decorating one’s home, buying a better car, acquiring household entertainment items, or funding travel do not qualify for Zakāh for those in debt.
  2. The debt must be incurred for something considered an act of obedience in Islam. Debts taken for sinful purposes, such as buying drugs, tobacco, or gambling, do not qualify for Zakāh.
  3. The debtor must not have the means to repay the debt immediately or in the future. If the debt is immediate and the debtor has the means to repay it, they do not qualify for Zakāh. If the debt is long-term, and the debtor has a stable income from which they can gradually repay the debt, they do not qualify for Zakāh unless the repayment would harm their ability to cover essential life needs.

There are two types of debts eligible for Zakāh:

  1. Personal debts: loans taken by an individual for their own needs and those of their dependents.
  2. Commitment debts: guaranteeing loans for others and other general obligations such as state taxes, imposed fines, and guarantees for reconciliations between people.

Both types qualify for Zakāh under the aforementioned conditions.

Eligibility for Zakāh due to debt does not require extreme poverty or that the individual sells essential items they own, such as their home for living or a car for commuting to work, unless these items significantly exceed the average value of what people typically own. In such cases, the person is considered wealthy due to their possessions and does not qualify for Zakāh.

Regarding the woman mentioned in the question, based on the provided description—whose liability falls on the questioner—she is eligible to receive Zakāh under the category of those in debt (al-ghārimīn).

Fatwā issued by Dr. Khālid Naṣr