Is a guarantor who betrayed the debtor, leading to the loss of funds, considered a “gharim” (one in debt) and eligible for zakat?
The hand of a worker in Mudarabah (profit-sharing partnership) is a hand of trust (yad amanah). Therefore, he does not guarantee the capital unless there is an act of transgression (ta'addi) or negligence (taqseer). Consequently, it is not permissible to stipulate a guarantee for the capital, or for someone else to guarantee it, except in such a case. If it is permissible to hold the worker liable for damages in cases of transgression or negligence, then it is permissible for someone else to guarantee him for what he is liable for. This is the view of the majority of jurists. They cite as evidence, among other things, the noble verse: "And for he who brings it [the lost sa', i.e., measuring bowl], is the load of a camel, and I am responsible for it." (Yusuf: 72). Based on this, the brother who guaranteed the Mudarabah capital must fulfill his commitment because the worker for whom the guarantee was made had transgressed. If this guarantor guarantees the capital and does not have the means to fulfill it, then he is considered among the gharimeen (those in debt) who are eligible to receive Zakat.
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- 50214
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