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Yahya related to me from Malik from Ibn Shihab from as-Sa'ib ibn
Yazid that Uthman ibn Affan used to say, "This is the month for you to
pay your zakat. If you have any debts then pay them off so that you
can sort out your wealth and take the zakat from it."
Muwatta Malik Book 17, Hadith 19
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Yahya related to me that Malik said, "I consider that if a man
dies and he has not paid zakat on his property, then zakat is taken
from the third of his property (from which he can make bequests), and
the third is not exceeded and the zakat is given priority over
bequests. In my opinion it is the same as if he had a debt, which is
why I think it should be given priority over bequests."
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Yahya related to me from Malik from Ayyub ibn Abi Tamima as-
Sakhtayani that Umar ibn Abd al-Aziz, when writing about wealth that
one of his governors had collected unjustly, ordered it to be returned
to its owner and zakat to be taken from it for the years that had
passed. Then shortly afterwards he revised his order with a message
that zakat should only be taken from it once, since it was not wealth
in hand.