If the date palms are divided among the heirs, is zakah obligatory on the total amount, or does each person pay zakah on his own share?
Machine translationRead the Arabic original
The first question of Fatwa No. ( 1300 )
Q1: We have a land with many date palms within a single wall, but it is divided into four sections, each section belonging to a distinct person, separated from the others by markings. When the assessor comes from Madinah to assess the date palms of Khaybar , the zakah is recorded in the name of two people or one person, even though it is four distinct sections marked out, each belonging to one person. Is it permissible in the Shari'ah for the person or the two people to pay the zakah on behalf of the others?
A1: Zakah is obligatory on each of the aforementioned sections for its owner if the fruit of what he owns reaches the nisab. He must intend with what he pays out that it is zakah, because zakah is an act of worship, and intention is necessary for its validity. This is based on the saying of the Prophet (peace and blessings be upon him): . Therefore, it is not permissible for another person to pay it on his behalf, except if he gives him permission to pay it, or if the owner of the date palms is a child or a person of unsound mind, in which case the intention of his guardian is sufficient. Likewise, if the imam has taken it by force from the owner of the wealth when he refused to pay it out, then the imam's intention is sufficient on his behalf.
And success is from Allah, and may Allah send prayers and blessings upon our Prophet Muhammad, his family, and his companions.
Q1: We have a land with many date palms within a single wall, but it is divided into four sections, each section belonging to a distinct person, separated from the others by markings. When the assessor comes from Madinah to assess the date palms of Khaybar , the zakah is recorded in the name of two people or one person, even though it is four distinct sections marked out, each belonging to one person. Is it permissible in the Shari'ah for the person or the two people to pay the zakah on behalf of the others?
A1: Zakah is obligatory on each of the aforementioned sections for its owner if the fruit of what he owns reaches the nisab. He must intend with what he pays out that it is zakah, because zakah is an act of worship, and intention is necessary for its validity. This is based on the saying of the Prophet (peace and blessings be upon him):
Actions are only by intentions
إنما الأعمال بالنياتAnd 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.