Is it permissible for heirs to accept gold and silver inheritance on which Zakaat was not paid?

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Question and Answer:

1. My mother passed away and she left behind gold and silver jewellery as inheritance for her heirs but she did not pay the Zakaat on it for almost 10 years. Is it permissible for her heirs to accept the jewellery as inheritance?

(Question published as received)

1. In the enquired case, it was the responsibility of your deceased mother to discharge the Zakaat on her gold and silvery jewellery during her lifetime. If she did not discharge the Zakaat during her lifetime, it was her duty to record it in her will for it to be discharged from one third of her estate upon her demise.

If she did not record it in her will to be discharged from one third of her estate upon her demise, then her heirs are absolved of any responsibility to discharge the Zakaat on the jewellery.

In such a case, it will be permissible for her heirs to accept their inheritance without being responsible for discharging the deceased’s Zakaat.

However, if the heirs discharge the deceased’s Zakaat on her jewellery from their own shares, she would be absolved of any consequence in the hereafter Insha’Allah.

And Allah Ta’ala Knows Best

Mufti Ismaeel Bassa

Confirmation:

Mufti Ebrahim Desai

Fatwa Department
Jamiatul Ulama (KZN) 
Council of Muslim Theologians
223 Alpine Road, Overport

Durban, South Africa
Tel : +27 (0) 31 2077099

Email: fatwa@jamiat.org.za
Fax : +27(0) 31 2074163
Website : www.jamiat.org.za