Zakah in the Estate
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The first question of Fatwa No. ( 12367 )
Q1: When is zakah due on an inheritance? Is it when it is received, or after a lunar year has passed? And what about a gift, whether it is cash or real estate?
A1: Zakah becomes obligatory on the estate after a year has passed since the death of the deceased, because ownership of the estate transfers from the deceased to the heirs from the date of death, provided that the heir’s share reaches the nisab in currency or gold and silver jewelry. As for the rest of the estate, there is no zakah in it unless the heir intends it for trade, in which case the zakah year for it begins from the time he intends it for that purpose. As for real estate, there is no zakah in it if it is not for trade. However, if it is rented out, zakah becomes obligatory on the rent if it reaches the nisab by itself or when combined with the currency or trade goods he possesses, and a lunar year has passed over it. As for if the estate consists of camels, sheep, or cattle, if it is for trade, then the zakah on trade goods applies to it. If it is for personal use, there is no zakah in it except under two conditions: The first: reaching the nisab. And the second: that it grazes freely for the entire year or most of it, and grazing means feeding on pasture. As for a gift, the ruling in it is
like the ruling in the estate, as detailed above. And success is from Allah, and may Allah send prayers and blessings upon our Prophet Muhammad, his family, and his Companions.
Q1: When is zakah due on an inheritance? Is it when it is received, or after a lunar year has passed? And what about a gift, whether it is cash or real estate?
A1: Zakah becomes obligatory on the estate after a year has passed since the death of the deceased, because ownership of the estate transfers from the deceased to the heirs from the date of death, provided that the heir’s share reaches the nisab in currency or gold and silver jewelry. As for the rest of the estate, there is no zakah in it unless the heir intends it for trade, in which case the zakah year for it begins from the time he intends it for that purpose. As for real estate, there is no zakah in it if it is not for trade. However, if it is rented out, zakah becomes obligatory on the rent if it reaches the nisab by itself or when combined with the currency or trade goods he possesses, and a lunar year has passed over it. As for if the estate consists of camels, sheep, or cattle, if it is for trade, then the zakah on trade goods applies to it. If it is for personal use, there is no zakah in it except under two conditions: The first: reaching the nisab. And the second: that it grazes freely for the entire year or most of it, and grazing means feeding on pasture. As for a gift, the ruling in it is
like the ruling in the estate, as detailed above. 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.
