Conditions for the Obligation of Zakah in Merchandise
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A man used to buy and sell land, then he passed away, and his heirs remained for a full year to inventory his estate without selling any of it. Is zakah obligatory on it for the year following his death?
We look at these heirs: Did they intend to trade with it? If they intended to trade with it, then they owe the zakah of their father. But if they did not intend to trade with it, then they do not owe zakah; because one of the conditions for the obligation of zakah in merchandise is that a person intends to trade with it. However, if they were waiting for when it would be divided so that they could sell it and each person would take his share, then they do not owe zakah.
We look at these heirs: Did they intend to trade with it? If they intended to trade with it, then they owe the zakah of their father. But if they did not intend to trade with it, then they do not owe zakah; because one of the conditions for the obligation of zakah in merchandise is that a person intends to trade with it. However, if they were waiting for when it would be divided so that they could sell it and each person would take his share, then they do not owe zakah.