Ruling on giving wealth in charity before paying off a debt
Question

                What is the ruling on giving charity to the poor when one owes money to people?.
Praise be to Allah.In this 
	case, one of the following must apply: 

	1.Either the debt is deferred (to 
	be paid at a later date), in which case there is nothing wrong with giving 
	charity, if he hopes to be able to pay off the debt when it becomes due. Ibn 
	‘Uthaymeen (may Allah have mercy on him) said: If the debt is deferred, and 
	when it comes you will have enough to pay it off, then you give charity and 
	there is nothing wrong with that, because you are able to afford it. End 
	quote from ash-Sharh al-Kaafi.

	2.If the debt is due immediately, 
	or it was deferred but the time for payment has now come, then it is not 
	permissible for the debtor to give charity before paying off the debt, 
	because paying off the debt is obligatory whereas charity is recommended, 
	and that which is recommended cannot be given precedence over that which is 
	obligatory. And delaying payment of debt (when it is due and one can afford 
	to pay) is forbidden because the Prophet (blessings and peace of Allah be 
	upon him) said: “For a rich man to delay payment (of debt) is wrongdoing.” 
	Narrated by al-Bukhaari, 2287; Muslim, 1564
And it was 
	narrated that Abu Hurayrah said: The Messenger of Allah (blessings and peace 
	of Allah be upon him) said: “There is no charity except when one is 
	independent of means (and can afford it).” Narrated by Imam Ahmad, 6858. 
Imam al-Bukhaari 
	(may Allah have mercy on him) said: Whoever gives charity when he is in need 
	or his family is in need, or when he owes a debt, should understand that 
	the debt is more deserving of being paid off than charity, freeing a slave 
	or giving a gift, and that (charity or gift) is invalid. He does not have 
	the right to waste people’s money. The Prophet (blessings and peace of 
	Allah be upon him) said: ‘Whoever takes people’s wealth intending to waste, 
	Allah will destroy him.”
End quote 
	from Saheeh al-Bukhaari, 2/112 
Badr ad-Deen 
	al-‘Ayni (may Allah have mercy on him) said: What is meant is that the 
	condition of giving charity is that one should not be in need and one’s 
	family should not be in need, and one should not be in debt. If one is 
	indebt, what is required is to pay off one’s debts. Paying off debts is more 
	important than giving charity, freeing slaves and giving gifts, because one 
	should start with obligatory matters before naafil matters. No one has the 
	right to destroy himself and his family whilst saving others. Rather he 
	should help others after taking care of himself and his family, because 
	taking care of them (himself and his family) is more obligatory for him than 
	taking care of other people.
End quote 
	from ‘Umdat al-Qaari’ Sharh Saheeh al-Bukhaari, 13/327. 
Ibn Battaal 
	(may Allah have mercy on him) said: With regard to his words,  “Whoever 
	gives charity when he owes a debt, should understand that the debt is more 
	deserving of being paid off than charity, freeing a slave or giving a gift, 
	and that (charity or gift) is invalid,” there is scholarly consensus 
	concerning that.
End quote 
	from Sharh Saheeh al-Bukhaari, 3/430 
It says in
	al-Minhaaj ma‘a Sharhihi Mughni al-Muhtaaj, 4/197: If a person owes a 
	debt, it is mustahabb for him not to give charity until he has paid off what 
	he owes. I said: The more correct view is that it is haraam for him to give 
	in charity what he needs for the maintenance of those on whom he is obliged 
	to spend or to pay towards a debt he has no hope of being able to pay off. 
	See also Rawdat at-Taalibeen, 2/342 
Ibn Qudaamah 
	(may Allah have mercy on him) said: If a person owes a debt, it is not 
	permissible for him to give charity that will prevent him paying it off, 
	because it is obligatory (to pay it off) and it is not permissible to 
	refrain from doing so.
End quote 
	from al-Kaafi, 1/431 
But the 
	scholars (may Allah have mercy on them) made an exception with regard to 
	small amounts which will not prevent one from paying off a debt. Al-Adhra‘i, 
	who was one of the Shaafa‘is, said: This – the prohibition (on a debtor 
	giving charity) – is not absolute, because no one says, as far as I know, 
	that if the one who owes a mahr and the like gives something like a loaf of 
	bread in charity, which we may be certain that if he kept it he would not 
	give it towards paying off the debt, that it is not mustahabb for him to 
	give it in charity. Rather what is meant is that hastening to pay one’s dues 
	is more important and more necessary than doing voluntary actions in general 
	terms.
End quote 
	from Nihaayat al-Muhtaaj, 7/181. See also: Haashiyat Qalyooni wa 
	‘Umayrah, 3/206 
And Allah knows best.