Is it permissible to consider a debt that arose after the settlement of the deceased brother's debts, and which the brother pledged to pay, as being eligible for Zakat funds?
The brother's commitment to pay his brother's debt is an act of kindness and is not considered a guarantee for an unknown amount of debt or unknown creditors. This is based on the opinion of some scholars, such as Al-Mawardi and Al-Shirazi, that it is impermissible to guarantee an unknown debt or one that is not yet due.
As for paying this debt from funds, jurists have differed on the ruling regarding paying the debt of a deceased person from zakat, holding two opinions:
1. Impermissibility: This is the view of the Hanafis, Shafi'is, and one narration from the Hanbalis. 2. Permissibility: This is the view of the Malikis, another opinion among the Shafi'is, and a narration from the Hanbalis. This is also the choice of Ibn Taymiyyah, provided that the deceased left no assets to cover the debt and met the conditions of being a (debtor).
The more preponderant opinion is the permissibility of paying it from zakat.
Summary from Ftawy's records · added here
Reviewed by El Fatwa's sharia committee.
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