Can a person who has not paid his debt of zakah give sadaqah?

Dear Brother / Sister,

Sadaqah can be fard, wajib or nafilah based on the state of the responsible person.

The fard part of sadaqah consists of zakah; it includes tithe, which is the zakah of agricultural crops, and zakah of animals, commercial goods, gold, coin and other forms of money, treasures and ores. The word "sadaqat (alms)" used in the plural form in the verse determining the people and places to whom zakah is to be given includes all of them:  

"Alms are for the poor and the needy, and those employed to administer the (funds); for those whose hearts have been (recently) reconciled (to Truth); for those in bondage and in debt; in the cause of Allah, and for the wayfarer: (thus is it) ordained by Allah..." (at-Tawba, 9/60)

Sadaqah al-fitr, is a sadaqah that is wajib. It is a sadaqah that is wajib to be given by every Muslim who is alive at the end of the month of Ramadan and who has at least nisab amount of money or goods apart from his fundamental needs. It is called "fitrah (fitr)" in short; it means alms of creation given to gain thawabs. 

Abdullah b. Abbas states the following:  

"The Messenger of Allah (pbuh) rendered fitrah obligatory in order to purify people who fast from unnecessary and bad words and to provide food for the poor. If a person gives fitrah before eid prayer, it becomes an acceptable zakah, if he pays it after eid prayer, it becomes an ordinary sadaqah." (Bukhari, Zakah, 70, 71, 77; Muslim, Zakah, 12, 13, 16; Abu Dawud, Zakah, 18, 20; Nasai, Zakah, 31, 33; Ibn Majah, Zakah, 21)

Along with fard and wajib sadaqahs, Islam has a broad understanding of sadaqah. Along with giving away money and goods, deeds like helping a believing brother getting on and off his mount/vehicle and pleasing him with a smile or sweet words are regarded as sadaqah. 

According to Hanafis, the zakah debt of a person who gives away all of his wealth as sadaqah without making intention as zakah is removed by way of istihsan. However, it is necessary for him not to make intention of paying the debt of a vow or atonement when he gives it as sadaqah. If somebody gives some of his wealth of nisab amount as sadaqah, the zakah of the part he has given as sadaqah is not removed according to Abu Yusuf. This is the view also preferred by the writer of Hidaya. It becomes fard to give zakah for that part and for the remaining part. For, the part that has been given has not been determined for the fard to be removed. According to Imam Muhammad, the zakah for the part given as sadaqah is removed. This case is similar to giving away all wealth as sadaqah. For, the issue of zakah, which is part of the wealth, has become certain.   

It is mustahab for the people who are in debt or who are obliged to provide the food and needs of himself and his family members not to give sadaqah until they pay their debts and fulfill their responsibilities.

According to Shafiis, it is haram for a person who does not have enough money to spend for his livelihood or to pay his debt to give sadaqah. 

Zakah is the fard part of sadaqah. First, zakah, which is fard, is given; after that, sadaqah can be given as nafilah. Zakah must not be abandoned because of giving sadaqah as nafilah.

It is objectionable to delay zakah because of giving sadaqah.

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