Real Estate Inherited: How It Is Subject to Zakah
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Fatwa No. ( 17142 )
Q: My father (may Allah have mercy on him) passed away in the month of Rabi' al-Awwal last year, leaving behind heirs, sons and daughters, all of whom are adults by the grace of Allah. We appointed me to handle all matters related to the inheritance. My father (may Allah have mercy on him) left behind shops and buildings. We, the heirs, have decided to sell some of them to build a mosque for him
from the fifth he bequeathed, if it covers the cost; otherwise, the excess will be donated by them. Is zakah due on the buildings and lands? If so, how is the zakah calculated, and when does the time for zakah arrive, along with everything related to it? Do I bear any sin if I pay the zakah on behalf of the heirs? Is the zakah due on the money when the rent is received, or when a full year has passed and it is in my possession? That is, after receiving the amount and it remaining with me for a year. May Allah reward you with good. I ask you to kindly advise and guide me regarding the handling of what my father left behind, concerning myself, my brothers and sisters, and my family. What are the actions you see as necessary regarding determining the fifth my father bequeathed? When selling any part of the inheritance, is the fifth calculated, or what is the method?
A: The buildings and lands mentioned, if they are intended for sale, then zakah is due on them when the lunar year is completed, by appraising them and paying one-tenth of their appraised value. If the buildings and lands are not intended for sale, then zakah is due on the rent from those that are leased out when a lunar year has passed from the date of the contract. As for what is held in trust for a charitable purpose, there is no zakah on it or on its rent. You must act with integrity in the management of the wealth of the living and the trusts of the deceased. And success is from Allah, and may Allah send prayers and blessings upon our Prophet Muhammad, his family, and his Companions.
Q: My father (may Allah have mercy on him) passed away in the month of Rabi' al-Awwal last year, leaving behind heirs, sons and daughters, all of whom are adults by the grace of Allah. We appointed me to handle all matters related to the inheritance. My father (may Allah have mercy on him) left behind shops and buildings. We, the heirs, have decided to sell some of them to build a mosque for him
from the fifth he bequeathed, if it covers the cost; otherwise, the excess will be donated by them. Is zakah due on the buildings and lands? If so, how is the zakah calculated, and when does the time for zakah arrive, along with everything related to it? Do I bear any sin if I pay the zakah on behalf of the heirs? Is the zakah due on the money when the rent is received, or when a full year has passed and it is in my possession? That is, after receiving the amount and it remaining with me for a year. May Allah reward you with good. I ask you to kindly advise and guide me regarding the handling of what my father left behind, concerning myself, my brothers and sisters, and my family. What are the actions you see as necessary regarding determining the fifth my father bequeathed? When selling any part of the inheritance, is the fifth calculated, or what is the method?
A: The buildings and lands mentioned, if they are intended for sale, then zakah is due on them when the lunar year is completed, by appraising them and paying one-tenth of their appraised value. If the buildings and lands are not intended for sale, then zakah is due on the rent from those that are leased out when a lunar year has passed from the date of the contract. As for what is held in trust for a charitable purpose, there is no zakah on it or on its rent. You must act with integrity in the management of the wealth of the living and the trusts of the deceased. And success is from Allah, and may Allah send prayers and blessings upon our Prophet Muhammad, his family, and his Companions.
Source
www.alifta.gov.sa
The Arabic text is copied verbatim from the original source, without any edits.