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Zakaat on an estate which has not been wound up

 

Nasihah (Advice): Beware of oppressing one’s heirs

 

Rasulullah sallahu alaihi wa sallam said, “Sometimes a man and a woman live in the obedience of Allah for sixty years then before they die they cause such harm in their bequests that Jahannam becomes warranted for them.” [i.e. They cause harm to the heirs by either bequeathing more than one third, or they choose to gift all of their wealth to one heir so as to deprive the other heirs etc.] [Sunan Tirmidhi]

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Question and Answer:

 

  1. The estate of my late father has not been wound up for the last five years due to many legal issues. None of the heirs have received any shares from the estate as yet. Who has to pay the Zakaat on the assets in the estate?

 

(Question published as received)

 

  1. In the enquired case, if none of the heirs have any control or possession of any assets in the estate of the deceased and neither did they receive any shares from the estate, there is no Zakaat payable on any of the assets in the estate for the last 5 years.

 

The Zakaat will only become payable by the heirs once they have control or possession of any of the assets in the estate in accordance to the proportionate shares they receive from the estate.

 

And Allah Ta’ala Knows Best

Mufti Ismaeel Bassa

Mufti Moosa Salie

 

(The answer hereby given is specifically based on the question asked and should be read together with the question asked. Islamic rulings on this Q&A newsletter are answered in accordance to the Hanafi Fiqh unless otherwise stated.) 

 

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

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