Zakaat on a deceased'd estate

Category: 

Zakaat & Charity

According to Madhhab: 

Hanafi

Reference: 

1440-085

Question: 

Kindly advice me on the following : -

·        

If an
estate is not finalized on time , when do the Heirs start paying their Zakaat
on the monies received.

·        

If a
portion of the inheritance amount is paid , who will be liable for the full
Zakaat payable on the amount.

·        

If the
executors or the persons responsible to wind up the estate out of their own
free will offer to pay the Zakaat for the period from Death to the date the
actual monies are paid , will this be accepted for the discharge of Zakaat.  


Answer: 

1. If the entire estate is not finalized but part of the Marhoom’s funds/assets were distributed amongst the heirs (in accordance to the Shari’ee law of inheritance), and the heirs took possession of these funds, then the heirs are required to pay Zakaat on these funds as soon as their next Zakaat calculation date enters. As for the funds that have been frozen in the Marhoom’s bank accounts and will only be released at a later stage, these amounts will only be Zakaatable when the heirs receive their respective shares of inheritance and have taken full possession of it.

2. The heirs are liable to pay the Zakaat if they have taken possession of the funds as explained in detail above.

3. If the estate has not yet been wounded up and the heirs have not yet received their respective share/s of inheritance there is no Zakaat on the estate funds. The heirs will be liable for Zakaat only after receiving their shares of inheritance. Therefore, there is no need for the executors to discharge any Zakaat on behalf of the heirs.

AND ALLAH TA’ALA ALONE IN HIS INFINITE KNOWLEDGE KNOWS BEST

ANSWERED BY: Mufti Mohammed Desai 

CHECKED AND APPROVED BY: Mufti Muhammed Saeed Motara Saheb D.B

Date: 06 Safar 1440  English Date: 16 October 2018

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