Zakah on the wealth of a deceased person who did not pay it
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Q: I had a young son who was twenty-seven years old. He passed away about two months ago. Allah afflicted him with an illness that he suffered from for approximately eight months. We did not know that he owned any money, but he—may Allah have mercy on him—after realizing that the illness had taken hold of him, told us that he had a balance at one of the banks and that he had accumulated this money over several years, and that he had not paid its zakah. He also indicated that some of his balance was earned through his involvement in stock speculation. He also indicated—without full disclosure—that he used to buy shops at low prices with the help of other people in exchange for pleasing them, and then sell these shops for a profit. We tried to identify who he was dealing with to find out the truth, but we were unable to identify any of them. We also announced in the newspaper a declaration of clearing our debts, but no one contacted us, as all he spoke of—may Allah have mercy on him—were mere hints, hoping for a cure from Allah, and due to his desire that no one know about his money. He also indicated that some of this money was obtained through receiving bank interest. Upon inquiry with the banks, it turned out that the entire amount was in only one bank. After careful examination by the bank officials and verification from them, they stated the following: 1. The deceased's account was an interest-free account and did not contain any amount, as the bank calls it a deposit, meaning without riba. 2. The opening of his account did not exceed two years. 3. The deceased was an employee, and his appointment to the job was only two years ago. We want to perform Hajj on his behalf because he did not perform it. Is it better for the costs of his Hajj to be paid from his estate or from our personal money? The deceased has a father, a mother, a wife, four brothers, and three sisters, and he was not blessed with children. What is the share of each of these people in the estate? Is the estate distributed before the wife completes her waiting period, or not? We ask you to guide us to what we must do to clear the deceased's debt and our own.
A: First: It is obligatory to pay the zakah from this deceased man's wealth for all the years that passed without him paying it, by paying one-quarter of a tenth (2.5 percent), taking into account deducting the zakah of each year from the amount and paying zakah on the remainder in the following year.
that passed over him without him paying zakah by giving one-fourth of a tenth (2.5) percent, taking into account the deduction of the zakah for each year from the amount and paying zakah on the remainder in the following year. Second: It is obligatory to pay for his Hajj of Islam by paying what is sufficient for the costs of his pilgrimage, on the condition that the proxy has already performed the Hajj of Islam for himself, and if you volunteer to perform the Hajj on his behalf from your own money, there is nothing wrong with that. Third: The remainder is divided among his heirs, and the problem is calculated from twelve shares: the wife gets one-fourth (three shares), the mother gets one-sixth (two shares), and the rest goes to the father, which is seven shares. The brothers and sisters get nothing because they are blocked by the father, and there is no objection to distributing the estate before the end of the widow's waiting period.
A: First: It is obligatory to pay the zakah from this deceased man's wealth for all the years that passed without him paying it, by paying one-quarter of a tenth (2.5 percent), taking into account deducting the zakah of each year from the amount and paying zakah on the remainder in the following year.
that passed over him without him paying zakah by giving one-fourth of a tenth (2.5) percent, taking into account the deduction of the zakah for each year from the amount and paying zakah on the remainder in the following year. Second: It is obligatory to pay for his Hajj of Islam by paying what is sufficient for the costs of his pilgrimage, on the condition that the proxy has already performed the Hajj of Islam for himself, and if you volunteer to perform the Hajj on his behalf from your own money, there is nothing wrong with that. Third: The remainder is divided among his heirs, and the problem is calculated from twelve shares: the wife gets one-fourth (three shares), the mother gets one-sixth (two shares), and the rest goes to the father, which is seven shares. The brothers and sisters get nothing because they are blocked by the father, and there is no objection to distributing the estate before the end of the widow's waiting period.
Source
www.alifta.gov.sa
The Arabic text is copied verbatim from the original source, without any edits.