The Ruling on the Zakah of Inheritance and the Debt of the Deceased
Machine translationRead the Arabic original
The questioner:
As for you, Abdulaziz is with us on the line, please go ahead, Abdulaziz. Peace be upon you and Allah's mercy and blessings. And upon you be peace and Allah's mercy and blessings. I borrowed a sum from my father three months ago for a loan to build a house, and the lunar year of possession elapsed in the blessed month of Ramadan, and my father passed away (may Allah the Exalted have mercy on him), and I am unable to repay this amount because I do not have it with me at the present time. So, is there zakah on it? And if there is zakah on it, who pays the zakah? After the father's death (may Allah have mercy on him).
The Shaykh:
The heirs pay the zakah; each one pays zakah on his share of the inheritance. This amount and any other money, each one pays zakah on his share of the inheritance. And if the father did not pay its zakah during his lifetime, then the zakah is a priority and it is a debt in the father's estate, so you pay it and you hasten to disburse it before the inheritance and before the bequest. Yes, may Allah reward you.
The questioner:
With your permission, please go ahead. Of course, the father used to pay zakah every year, by the grace of Allah, but now the amount is not available. I mean, the amount I borrowed from my father is ninety thousand; I will complete its repayment if the amount becomes available, but currently I do not have the amount at all.
The Shaykh:
Let us see.
The presenter:
He says the ninety thousand that he borrowed from his father is not available now due to financial hardship.
The Shaykh:
The amount that you borrowed belongs to the heirs now; this is a right of the heirs, and they are the ones who pay its zakah, and you pay zakah
The questioner:
on the target.
The Shaykh:
and you pay zakah on what is in your hand, or on what you own, yes.
The presenter:
Thank you, thank you, Muhammad.
As for you, Abdulaziz is with us on the line, please go ahead, Abdulaziz. Peace be upon you and Allah's mercy and blessings. And upon you be peace and Allah's mercy and blessings. I borrowed a sum from my father three months ago for a loan to build a house, and the lunar year of possession elapsed in the blessed month of Ramadan, and my father passed away (may Allah the Exalted have mercy on him), and I am unable to repay this amount because I do not have it with me at the present time. So, is there zakah on it? And if there is zakah on it, who pays the zakah? After the father's death (may Allah have mercy on him).
The Shaykh:
The heirs pay the zakah; each one pays zakah on his share of the inheritance. This amount and any other money, each one pays zakah on his share of the inheritance. And if the father did not pay its zakah during his lifetime, then the zakah is a priority and it is a debt in the father's estate, so you pay it and you hasten to disburse it before the inheritance and before the bequest. Yes, may Allah reward you.
The questioner:
With your permission, please go ahead. Of course, the father used to pay zakah every year, by the grace of Allah, but now the amount is not available. I mean, the amount I borrowed from my father is ninety thousand; I will complete its repayment if the amount becomes available, but currently I do not have the amount at all.
The Shaykh:
Let us see.
The presenter:
He says the ninety thousand that he borrowed from his father is not available now due to financial hardship.
The Shaykh:
The amount that you borrowed belongs to the heirs now; this is a right of the heirs, and they are the ones who pay its zakah, and you pay zakah
The questioner:
on the target.
The Shaykh:
and you pay zakah on what is in your hand, or on what you own, yes.
The presenter:
Thank you, thank you, Muhammad.
Source
قناة «العلامة الدكتور صالح الفوزان»، [4528] هل تجب الزكاة في المال الذي استدانه الشخص من والده قبل موته؟ وعلى مَن تجب؟ - صالح الفوزان — youtube.com
The Arabic text is a machine transcription of the audio recording.