Zakaat on undistributed inherited land

Category: 

Zakaat & Charity

According to Madhhab: 

Hanafi

Reference: 

1440-248

Question: 

1. If some land has
not been distributed between the heirs for some time, does each of them have to
give Zakaat for their "supposed to be" share? And do they also have
to give Zakaat for each of the past years?

2. Is it ok to not distribute such a land, because some heirs prefer it such
and others are silent about it?


Answer: 

1. There is no Zakaat due on the land that the heirs are supposed to have received as inheritance.

2. If all the heirs unanimously agree that the land should not be distributed but kept in a joint partnership there is no harm in doing so. However, if some of the heirs request for division and distribution of their land, they are fully entitled to do so, and their request should be fulfilled. It is better for the executors of the estate to enquire from all the heirs as to whether they would opt for division and distribution of their land or not. The executors should not withhold the land merely based on the fact that some heirs are silent in regards to the matter.

And Allah Ta'aala knows best
ANSWERED BY: Mufti Mohammed Desai 


CHECKED AND APPROVED BY: Mufti Muhammed Saeed Motara Saheb D.B 
Date: 11 Jumadal Ula 1440 English Date: 18 January 2019

Tags: