What is the ruling regarding liability when two partners, or two non-partners, grant each other permission to pay their respective Zakat, and each subsequently pays both shares simultaneously?
Chapter on Zakat on Trade Merchandise
Al-Mughni
Book of Zakat
Primary text
When each of two partners, or two non-partners, grants the other permission to pay their Zakat, and each proceeds to pay both shares concurrently in one instance, each individual is liable for their partner's share. This is because each individual is removed from the legal authority of agency (Wakala) for the purpose of the zakat-payer paying their own Zakat themselves.
Supporting text
It is possible that there is no liability if the other partner's payment was unknown at the time, based on the opinion that an agent is not removed from their agency until the principal explicitly revokes it or dies. Furthermore, there is a stronger possibility of no liability even if the agent is considered removed, because the individual misled the other by authorizing and commanding the payment, yet failed to inform them of the actual payment, thus placing the risk of misrepresentation upon the person who authorized the payment, similar to misleading someone regarding the freedom of a female slave.