Zakat of Misplaced Wealth, Loans and Borrowed

“I once asked abu Ja‘far (a.s.), about a man who buries a certain amount of his wealth in a certain place and after one year goes to find out. He searches and digs around in the area but fails to find it. He then after three years goes to search again and finds the amount of wealth that was lost. He (the Imam) said, ‘He pays only one year’s Zakat because it was absent from him even though he had placed it in hold.’”

“I once asked abu ‘Abd Allah (a.s.), about a man whose wealth remains lost for five years. He then finds it and does not reject the capital. How much Zakat is he required to pay? He (the Imam) said, ‘He pays one year’s Zakat only.’”

“Abu ‘Abd Allah (a.s.), has said, ‘Zakat is not due on loan unless the lender delays acceptance of payment. If he is not able to achieve payment, then Zakat is not due until payment is received.’”

“I once asked him (the Imam) (a.s.), about a man to whom people owe loans and do not pay. Is there Zakat on such loans? He (the Imam) said, ‘Zakat is not due until he receives payment. Once he receives payment, there is Zakat on him. If he does not receive payment and it remains for many years, still Zakat is not due on him until payment is received. Once payment is received he pays Zakat of that year. If he receives payment gradually, he pays Zakat of whatever is received by the order it comes. If his wealth, loan and goods are in business, then it is his business, which is at work, and in give and take, buying and selling, thus it is like the substance in his hand and he is required to pay Zakat. It is not proper for him to change the process if his case is as the case I just mentioned.’”

“I once asked abu ‘Abd Allah (a.s.), about a man who borrows a certain amount of wealth and it remains with him for one year. He (the Imam) said, ‘If the person from whom he has borrowed pays Zakat for such wealth then Zakat is not due on the borrower but if the lender does not pay then he (the borrower) pays Zakat for such wealth.’”

“I once asked abu ‘Abd Allah (a.s.), about a man who gives a certain amount of asset to another person as loan with the condition that Zakat is on lender or borrower. He (the Imam) said, ‘No, Zakat is due on borrower if it remains with him for one year.’ He (the Imam) said, ‘Zakat is not paid twice for the same thing in one year. Zakat is not due on lender because it is not in his hands. The asset is in the hands of the borrower. Whoever has the asset in his hand pays Zakat.’ I then asked is he required to pay Zakat of the asset that belongs to someone else? He (the Imam) said, ‘ 0 Zurarah, consider the position of that asset. In whose hand is it and who gets its profits and whose liability is it?’ I (Zurarah) said, ‘It is the borrower.’ He (the Imam) said, ‘He then is responsible for its increase and decrease. He can marry thereby and pay thereby for his food. Is he not supposed to pay its Zakat? In fact, he is required to pay its Zakat.’”

foiiowing: “I once asked abu ‘Abd Allah (a.s.), about a man who owes a loan and in his hands is the assets of another person. Is he required to pay Zakat for the asset of other people? He (the Imam) said, ‘If it is loan and it has remained in his hand for one year, he then is required to pay its Zakat.’”

“I once asked abu al-Hassan (a.s.), about a man who buys something to pay for after three years from a man who trusts him in his right and asset. Is he required to pay its Zakat every year or he pays it because he has the asset in his hands? He (the Imam) said, ‘He who has taken it pays its Zakat.’ I then asked, ‘For how long he pays it?’ He (the Imam) said, ‘He pays it for three years.’”

“I once asked one of the two the Imam, ‘Alayhim al-Salam, about a man who owes a loan and in his hand is an asset that is sufficient to pay the loan but it belongs to someone else. Is he required to pay Zakat? He (the Imam) said, ‘If he has borrowed and one year has passed, then its Zakat is on him if there is anything extra.’”

“Abu ‘Abd Allah (a.s.), has said, ‘If a certain asset is deposited with you and you are allowed to make it work its Zakat is on you but if you are not allowed to make it work then you do not owe anything.’”

“I once wrote to him (the Imam) (a.s.), about a man who owes Mahr of his woman who does not ask for payment due to sympathy or shyness. It goes on for their lifetime. Is he required to pay Zakat for that Mahr? He (the Imam) wrote, ‘Zakat is not due on him except for his assets.’”

“I once asked abu ‘Abd Allah (a.s.), about a man who does not collect what he has lent because of forgetfulness or the desire to help his borrowers so his assets continue to remain as loans.How must he deal with Zakat? He (the owner of the assets) not the borrower pays Zakat.’”

“Abu ’Abd Allah (a.s.), has said that the two Imam, ‘Alayhim al-Salam, have said, ‘Whoever has an asset that remains with him for one year, he is required to pay its Zakat even if he owes to others an equal amount of asset or more. He is required to pay Zakat for what is in his hand.’”