The Third of Good Deeds Subject to the Lawful Zakah
Machine translationRead the Arabic original
Fatwa No. ( 21329 )
Q: (E.S.B) passed away and left a bequest of one-third of his wealth for good deeds. I was appointed by the Great Court in Jeddah as the liquidator of his estate due to disputes among the heirs, who had filed a lawsuit against the heir who was the executor. I carried out my duties as liquidator of the estate, including collecting the estate's funds and revenues, and preserving one-third of it for good deeds. As a result, amounts accumulated for the benefit of the third of good deeds during the period from 16/5/1418 AH to 4/1/1421 AH. My question is: 1- Is the third of good deeds subject to the lawful zakah, and if so, from what date does it become subject? 2- Is it permissible to pay a portion of this third, or of the zakah due on that third, to some of the heirs who fall into one or more of the eight categories?
3- Do I, as the liquidator of the estate, pay it? Knowing that the other heirs do not trust the heir who was the executor due to their observations regarding him? May Allah reward you with good, and peace be upon you and the mercy of Allah and His blessings. The questioner also asked another question, the text of which is: (E.H.B) passed away and left a bequest of one-third of his wealth for good deeds. I was appointed by the Great Court in Jeddah as the liquidator of his estate due to disputes among the heirs, who had filed a lawsuit against each other. I carried out my duties as liquidator of the estate, including collecting the estate's funds and revenues, and preserving one-third of it for good deeds. As a result, amounts accumulated for the benefit of the third of good deeds during the period from 23/10/1416 AH to 4/1/1421 AH. My question is: 1- Is the third of good deeds subject to the lawful zakah, and if so, from what date does it become subject? 2- Do I, as the liquidator of the estate, pay it? Knowing that none of the heirs trusts any of the others. May Allah reward you with good, and peace be upon you and the mercy of Allah and His blessings.
A: The bequeathed third mentioned in the two questions is not subject to zakah; because it is wealth set aside for avenues of good, and is not owned by a specific individual before
its distribution. It is spent in the channels designated by the bequeather, and his conditions stipulated in his bequest are executed after referring to the Sharia court regarding this. And success is from Allah, and may Allah send prayers and blessings upon our Prophet Muhammad, his family, and his Companions.
Q: (E.S.B) passed away and left a bequest of one-third of his wealth for good deeds. I was appointed by the Great Court in Jeddah as the liquidator of his estate due to disputes among the heirs, who had filed a lawsuit against the heir who was the executor. I carried out my duties as liquidator of the estate, including collecting the estate's funds and revenues, and preserving one-third of it for good deeds. As a result, amounts accumulated for the benefit of the third of good deeds during the period from 16/5/1418 AH to 4/1/1421 AH. My question is: 1- Is the third of good deeds subject to the lawful zakah, and if so, from what date does it become subject? 2- Is it permissible to pay a portion of this third, or of the zakah due on that third, to some of the heirs who fall into one or more of the eight categories?
3- Do I, as the liquidator of the estate, pay it? Knowing that the other heirs do not trust the heir who was the executor due to their observations regarding him? May Allah reward you with good, and peace be upon you and the mercy of Allah and His blessings. The questioner also asked another question, the text of which is: (E.H.B) passed away and left a bequest of one-third of his wealth for good deeds. I was appointed by the Great Court in Jeddah as the liquidator of his estate due to disputes among the heirs, who had filed a lawsuit against each other. I carried out my duties as liquidator of the estate, including collecting the estate's funds and revenues, and preserving one-third of it for good deeds. As a result, amounts accumulated for the benefit of the third of good deeds during the period from 23/10/1416 AH to 4/1/1421 AH. My question is: 1- Is the third of good deeds subject to the lawful zakah, and if so, from what date does it become subject? 2- Do I, as the liquidator of the estate, pay it? Knowing that none of the heirs trusts any of the others. May Allah reward you with good, and peace be upon you and the mercy of Allah and His blessings.
A: The bequeathed third mentioned in the two questions is not subject to zakah; because it is wealth set aside for avenues of good, and is not owned by a specific individual before
its distribution. It is spent in the channels designated by the bequeather, and his conditions stipulated in his bequest are executed after referring to the Sharia court regarding this. 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.