What is the ruling on not dividing the estate if the heirs are minor children, and is there zakah in it?
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The questioner : Shaykh, may Allah preserve you: Is it permissible to leave the inheritance undivided because of the minor children?
The Shaykh : Is it permissible?
The questioner : Is it permissible to leave the estate undivided because of the minor children, even if dividing this inheritance would make it difficult for the guardian to spend on them, and he leaves it and pays zakah from the money?
The Shaykh : When the deceased dies, the money left behind belongs to the heirs, and they may do with it what they wish. If one of them demands the division of the inheritance, he must be obliged to respond to him.
The questioner : They are minors.
The Shaykh : Whether they are minors or adults, the minors are taken care of by their guardian, and each adult takes care of his own affairs himself.
As for if they remain silent and say: We prefer to remain as if the money were one of the projects, and they prefer that the project remains as it is, and each one takes his share and his profit, then there is no harm.
The questioner : The inheritance, O Shaykh?
The Shaykh : Yes, it is the inheritance.
The questioner : I did not mean the division; how is the zakah paid from it?
The Shaykh : Each person pays the zakah of his own money himself.
The questioner : If it is divided, it does not reach the threshold.
The Shaykh : Yes.
The questioner : If it is divided by number, it does not reach the nisab.
The Shaykh : If it is divided and each one of them does not reach the nisab with his share, and he does not have what would complete the nisab, then there is no zakah on him.
The Shaykh : Is it permissible?
The questioner : Is it permissible to leave the estate undivided because of the minor children, even if dividing this inheritance would make it difficult for the guardian to spend on them, and he leaves it and pays zakah from the money?
The Shaykh : When the deceased dies, the money left behind belongs to the heirs, and they may do with it what they wish. If one of them demands the division of the inheritance, he must be obliged to respond to him.
The questioner : They are minors.
The Shaykh : Whether they are minors or adults, the minors are taken care of by their guardian, and each adult takes care of his own affairs himself.
As for if they remain silent and say: We prefer to remain as if the money were one of the projects, and they prefer that the project remains as it is, and each one takes his share and his profit, then there is no harm.
The questioner : The inheritance, O Shaykh?
The Shaykh : Yes, it is the inheritance.
The questioner : I did not mean the division; how is the zakah paid from it?
The Shaykh : Each person pays the zakah of his own money himself.
The questioner : If it is divided, it does not reach the threshold.
The Shaykh : Yes.
The questioner : If it is divided by number, it does not reach the nisab.
The Shaykh : If it is divided and each one of them does not reach the nisab with his share, and he does not have what would complete the nisab, then there is no zakah on him.