If the deceased owed zakah, is it a condition that he bequeath it?
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The questioner : ... .
The Shaykh : What?
The questioner : ... .
The Shaykh : No, it is not a condition.
The questioner : And how do we know...
The Shaykh : He says, if the deceased owed zakah, is it a condition that he bequeath it? I say it is not a condition. Once we know that he owed zakah, it is not a condition that he bequeath it. Yes?
The questioner : ... .
The Shaykh : ... We used this as an example.
The questioner : ... .
The Shaykh : Yes, it is the same thing, because when it was stolen, it became as if it did not exist.
The questioner : ... .
The Shaykh : How?
The questioner : ... .
The Shaykh : Yes, the zakah became obligatory at the time of death. The zakah became obligatory, and the debt is also obligatory. However, during his lifetime, the zakah was not obligatory according to the school of thought, because a debt that reduces the nisab prevents the obligation of zakah.
The questioner : According to the stronger position.
The Shaykh : According to the stronger position, it does not prevent [the obligation]. We say he pays the zakah and we give him [the money], because during his lifetime we give it to him as paying off a debt to the indebted. But after death, we do not give it to him. Yes, Ahmad.
The Shaykh : What?
The questioner : ... .
The Shaykh : No, it is not a condition.
The questioner : And how do we know...
The Shaykh : He says, if the deceased owed zakah, is it a condition that he bequeath it? I say it is not a condition. Once we know that he owed zakah, it is not a condition that he bequeath it. Yes?
The questioner : ... .
The Shaykh : ... We used this as an example.
The questioner : ... .
The Shaykh : Yes, it is the same thing, because when it was stolen, it became as if it did not exist.
The questioner : ... .
The Shaykh : How?
The questioner : ... .
The Shaykh : Yes, the zakah became obligatory at the time of death. The zakah became obligatory, and the debt is also obligatory. However, during his lifetime, the zakah was not obligatory according to the school of thought, because a debt that reduces the nisab prevents the obligation of zakah.
The questioner : According to the stronger position.
The Shaykh : According to the stronger position, it does not prevent [the obligation]. We say he pays the zakah and we give him [the money], because during his lifetime we give it to him as paying off a debt to the indebted. But after death, we do not give it to him. Yes, Ahmad.