Do brothers inherit in the presence of the father, and on whom is zakah obligatory in inherited wealth?
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The questioner:
May Allah reward you with good, Honorable Shaykh. Ah, your brother Ahmad Muhammad says: Honorable Shaykh, there is a question I would like to direct to you, may Allah reward you with good. The question says: Honorable Shaykh, my eldest brother passed away, may Allah have mercy on him and expand his mercy. He left us approximately fifty thousand Egyptian pounds. However, the father, may Allah guide him, invested this amount through riba (usury or interest). Now, this amount has reached approximately seventy thousand Egyptian pounds. First, I would like to know, Honorable Shaykh, is there zakah on this money? Is it obligatory on the original amount or on the amount after the increase? And how much is the zakah on such an amount per year?
The Shaykh:
As long as the father is present, you have no inheritance from this money, because the father blocks you from inheriting. So the inheritance belongs to the father and whoever is with him among those with fixed shares, or if the deceased had children, in any case, the brothers have no inheritance in the presence of the father; this is by consensus. As for zakah, every heir pays zakah on his share; every heir pays zakah on his share of the inheritance. As for using it in haram (forbidden) matters and riba investment, that is haram and not permissible. Your father must repent to Allah and take the principal and give it to its rightful owners among the heirs, if he has other heirs with him. He must give every right-holder his right from the inheritance from the original money. As for the riba profits, it is not permissible to take them in; they must be left; because they are haram.
O you who believe, fear Allah and leave what remains of riba, if you are believers. If you do not do so, then be aware of war from Allah and His Messenger. And if you repent, then yours are the principals of your wealth; you do not wrong and are not wronged. If he has no heir except the father, then he pays zakah on this money. He pays zakah on this money because it is his inheritance and his wealth. And if there are other heirs with him, then each pays zakah on his share for every lunar year that has passed over it. Yes.
The questioner:
They get rid of this riba amount, O
The Shaykh:
Shaykh? They leave it, they leave it, they leave it, come on.
May Allah reward you with good, Honorable Shaykh. Ah, your brother Ahmad Muhammad says: Honorable Shaykh, there is a question I would like to direct to you, may Allah reward you with good. The question says: Honorable Shaykh, my eldest brother passed away, may Allah have mercy on him and expand his mercy. He left us approximately fifty thousand Egyptian pounds. However, the father, may Allah guide him, invested this amount through riba (usury or interest). Now, this amount has reached approximately seventy thousand Egyptian pounds. First, I would like to know, Honorable Shaykh, is there zakah on this money? Is it obligatory on the original amount or on the amount after the increase? And how much is the zakah on such an amount per year?
The Shaykh:
As long as the father is present, you have no inheritance from this money, because the father blocks you from inheriting. So the inheritance belongs to the father and whoever is with him among those with fixed shares, or if the deceased had children, in any case, the brothers have no inheritance in the presence of the father; this is by consensus. As for zakah, every heir pays zakah on his share; every heir pays zakah on his share of the inheritance. As for using it in haram (forbidden) matters and riba investment, that is haram and not permissible. Your father must repent to Allah and take the principal and give it to its rightful owners among the heirs, if he has other heirs with him. He must give every right-holder his right from the inheritance from the original money. As for the riba profits, it is not permissible to take them in; they must be left; because they are haram.
O you who believe, fear Allah and leave what remains of riba, if you are believers. If you do not do so, then be aware of war from Allah and His Messenger. And if you repent, then yours are the principals of your wealth; you do not wrong and are not wronged. If he has no heir except the father, then he pays zakah on this money. He pays zakah on this money because it is his inheritance and his wealth. And if there are other heirs with him, then each pays zakah on his share for every lunar year that has passed over it. Yes.
The questioner:
They get rid of this riba amount, O
The Shaykh:
Shaykh? They leave it, they leave it, they leave it, come on.
Source
قناة «العلامة الدكتور صالح الفوزان»، 6646- هل يرث الإخوة مع وجود الأب وعلى من تجب الزكاة في مال الإرث؟ - الشيخ صالح الفوزان — youtube.com
The Arabic text is a machine transcription of the audio recording.