Question
Question: If a man has a debt that is despaired of (ma’yūs), then he absolves the debtor of it, is he obliged to pay zakat for the past years or not?
Answer
Answer—and Allah is the Granter of success: He is not obliged to pay zakat on what is of that kind. This is the madhhab, as in al-Azhār and its commentary, wherein it says: “And whoever collects a hoped-for debt”—i.e., not despaired of—“or absolves (ibrāʾ) a debt of that sort …” etc..
If it be said: Is the one who absolves a despaired-of debt rewarded?
We say: Yes. Allah the Exalted has made absolving the debtor and remitting the debt a charity. He, Exalted is He, said: “And if someone is in hardship, then [let there be] postponement until [a time of] ease. But if you give [from your right as] charity, then it is better for you.” [al-Baqarah:280]. And in the supplication of Zayn al-ʿĀbidīn—peace be upon him—in the Ṣaḥīfah is what indicates what we have said.
Source : Min Thimār al-ʿIlm wa al-Ḥikmah vol.1
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