al-Shafi'i, Ishaq, and Abu Ubayd said: He must pay Zakat immediately, even if he has not collected it; because he is capable of taking it and exercising discretion over it, so he is obligated to pay its Zakat, like a deposit (wadi'ah). Ikrimah said: There is no Zakat on debt. This was also narrated from Aisha and Ibn Umar, may Allah be pleased with them; because it is not growing (nam), so its Zakat is not mandatory, like household goods (urud al-qunyah). It is narrated from Sa'id ibn al-Musayyab, Ata' ibn Abi Rabah, Ata' al-Khurasani, and Abu al-Zinad that he pays Zakat on it when he collects it for one year. Our evidence is that it is a debt established in the liability, so he is not obligated to pay it before collecting it, just as if it were upon an insolvent person. Furthermore, Zakat becomes mandatory by way of communal aid (muwasah), and it is not from communal aid to pay the Zakat of wealth from which he does not derive benefit. As for a deposit, it is in the position of that which is in his hand, because the custodian is a deputy for him in guarding it, and his hand is like his [own] hand. He only pays its Zakat for the past because it is owned by him and he is able to derive benefit from it, so its Zakat becomes mandatory upon him, like his other wealth.

The second type is that it is upon an insolvent person, or a denier, or one who procrastinates in paying it to him. Is Zakat mandatory on this? There are two narrations: The first is that it is not mandatory, which is the opinion of Qatada, Ishaq, Abu Thawr, and the people of Iraq; because it is not possible to derive benefit from it, similar to the wealth of a mukatab (an indentured slave). The second narration is that he pays its Zakat when he collects it for the past. This is the opinion of al-Thawri and Abu Ubayd; based on what was narrated from Ali, may Allah be pleased with him, regarding suspected debt (al-dayn al-maznun), where he said: "If he is truthful, let him pay its Zakat when he collects it for the past." Something similar was narrated from Ibn Abbas. Both were narrated by Abu Ubayd. Also, it is owned wealth over which it is permissible to exercise discretion, so its Zakat for the past is mandatory, like a debt upon a solvent person. There are two opinions for al-Shafi'i similar to the two narrations, and it is narrated from Umar ibn Abd al-Aziz, al-Hasan, al-Layth, al-Awza'i, and Malik that he pays its Zakat when he collects it for one year.