What is the ruling on a man who died with zakah due on him? Does the zakah take precedence over the bequest, or does the bequest take precedence over it?
Machine translationRead the Arabic original
The questioner : ... Note ... O our Shaykh, does the debt of zakah take precedence over the bequest, or ... the debt takes precedence. If a person dies, regarding the heirs, Allah says: [An-Nisa 4:11].
The Shaykh: Yes.
The questioner : If he left behind wealth subject to zakah, the zakah on the wealth he left takes precedence over the bequest and the debt.
The Shaykh : Provided it is known that the zakah was not paid.
The questioner: Yes.
The Shaykh : It is the right of the poor, and it is obligatory to pay this zakah.
The questioner : Yes.
The Shaykh : After that comes the bequest, and after that the debt.
The questioner : May Allah reward you with good, O our Shaykh.
The Shaykh : May Allah preserve you.
The questioner : And thank you, O our Shaykh, and peace be upon you and the mercy of Allah.
The Shaykh : And upon you be peace, and the mercy of Allah and His blessings.
The questioner: Peace be upon you.
The Shaykh: And upon you peace.
after any bequest he [may have] made or debt
مِنْ بَعْدِ وَصِيَّةٍ يُوصِي بِهَا أَوْ دَيْنٍThe Shaykh: Yes.
The questioner : If he left behind wealth subject to zakah, the zakah on the wealth he left takes precedence over the bequest and the debt.
The Shaykh : Provided it is known that the zakah was not paid.
The questioner: Yes.
The Shaykh : It is the right of the poor, and it is obligatory to pay this zakah.
The questioner : Yes.
The Shaykh : After that comes the bequest, and after that the debt.
The questioner : May Allah reward you with good, O our Shaykh.
The Shaykh : May Allah preserve you.
The questioner : And thank you, O our Shaykh, and peace be upon you and the mercy of Allah.
The Shaykh : And upon you be peace, and the mercy of Allah and His blessings.
The questioner: Peace be upon you.
The Shaykh: And upon you peace.
Source
www.al-albany.com
The Arabic text is copied verbatim from the original source, without any edits.