Who has to pay the Zakaat on the assets in the estate?
Published as Zakaat on an estate which has not been wound up
Question
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?
Answer
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
- Answered by
- Mufti Ismaeel Bassa, Mufti Moosa Salie
Where scholars differ, it’s safer to take the more cautious view.
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Source: Jamiatul Ulama KZN — https://jamiat.org.za/zakaat-on-an-estate-which-has-not-been-wound-up/
Fatawa SA: https://fatawa.co.za/fatwa/jamiat-34534