If the division of the estate is delayed, zakah becomes obligatory on the share of every heir
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Fatwa number ( 12550 )
Q: A man passed away eight years ago, leaving behind an estate consisting of houses, residential land, shops, cars, and other items. The estate has not been divided to this day. One of the heirs developed it by buying and selling in the shops and spent from it on himself and his family, and even paid his marriage mahr from it. The question concerns the following rulings: 1 - Is there zakah due on the estate during this period? If the answer is yes; is zakah due on all the past years, or is the zakah of one year sufficient? And is there zakah due on the houses and residential land? 2 - What is the ruling on what was spent from it, such as the mahr, maintenance, and other things? 3 - What rights are established by the delay in dividing the estate? Please give us a ruling, may Allah reward you.
A: First: Zakah is obligatory on the estate for the heirs, each according to his share of it; because the estate transferred from the deceased to the heirs upon his death if the estate consists of money. If it is real estate intended for trade, then zakah becomes obligatory after a lunar year has passed from the date of the deceased's death. If the real estate is prepared for lease, then zakah becomes obligatory on the rent that is available if it reaches the nisab, either by itself or when combined with other items subject to zakah, and a lunar year has passed from the date of the lease contract.
itself, or by adding it to other items subject to zakah, and a lunar year of possession has passed since the date of the lease contract. Second: What each heir spent from the estate before the division is considered part of his share, meaning his portion of the estate. Third: It is not permissible to delay the division of the estate; because of the resulting delay in paying the rights to their owners, and consequently the delay in paying zakah; because every heir will claim that he does not know his share, or that he has not received it. And success is from Allah, and may Allah send prayers and blessings upon our Prophet Muhammad, his family, and his Companions.
Q: A man passed away eight years ago, leaving behind an estate consisting of houses, residential land, shops, cars, and other items. The estate has not been divided to this day. One of the heirs developed it by buying and selling in the shops and spent from it on himself and his family, and even paid his marriage mahr from it. The question concerns the following rulings: 1 - Is there zakah due on the estate during this period? If the answer is yes; is zakah due on all the past years, or is the zakah of one year sufficient? And is there zakah due on the houses and residential land? 2 - What is the ruling on what was spent from it, such as the mahr, maintenance, and other things? 3 - What rights are established by the delay in dividing the estate? Please give us a ruling, may Allah reward you.
A: First: Zakah is obligatory on the estate for the heirs, each according to his share of it; because the estate transferred from the deceased to the heirs upon his death if the estate consists of money. If it is real estate intended for trade, then zakah becomes obligatory after a lunar year has passed from the date of the deceased's death. If the real estate is prepared for lease, then zakah becomes obligatory on the rent that is available if it reaches the nisab, either by itself or when combined with other items subject to zakah, and a lunar year has passed from the date of the lease contract.
itself, or by adding it to other items subject to zakah, and a lunar year of possession has passed since the date of the lease contract. Second: What each heir spent from the estate before the division is considered part of his share, meaning his portion of the estate. Third: It is not permissible to delay the division of the estate; because of the resulting delay in paying the rights to their owners, and consequently the delay in paying zakah; because every heir will claim that he does not know his share, or that he has not received it. 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.