Ruling on paying zakah on behalf of a deceased person from his estate
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Q158: The questioner says: Our father passed away (may Allah have mercy on him), and he had ten thousand riyals in zakah owed, which was assessed before his death. Are the heirs obligated to pay it from his estate, knowing that they disagreed on this matter? May Allah reward you.
A158: It is obligatory for the agent appointed by the deceased before his death, or the one appointed by the judge after the deceased’s death, to pay the zakah that was in the deceased’s liability; because it is a debt to Allah (Mighty and Majestic) and a right of the poor and the needy. Therefore, the zakah must be paid before the inheritance is distributed. The first thing to be done is paying the debts, including the zakah. Whether the debts are to Allah (Exalted and Majestic is He), such as zakah, or to people, they are paid first. Then, after the debts, the bequest is executed, if the deceased left a bequest. Then, after the debts and the bequest, the inheritance is distributed from what remains. This is because when Allah (Exalted and Majestic is He) mentioned inheritance, He said:[An-Nisa 4:11] . This is necessary, and the heirs have no share unless the zakah is paid in full and the lawful bequest is executed. What remains after these two is for the heirs, as Allah (Glorified and Exalted is He) has prescribed.
A158: It is obligatory for the agent appointed by the deceased before his death, or the one appointed by the judge after the deceased’s death, to pay the zakah that was in the deceased’s liability; because it is a debt to Allah (Mighty and Majestic) and a right of the poor and the needy. Therefore, the zakah must be paid before the inheritance is distributed. The first thing to be done is paying the debts, including the zakah. Whether the debts are to Allah (Exalted and Majestic is He), such as zakah, or to people, they are paid first. Then, after the debts, the bequest is executed, if the deceased left a bequest. Then, after the debts and the bequest, the inheritance is distributed from what remains. This is because when Allah (Exalted and Majestic is He) mentioned inheritance, He said:
after any bequest he [may have] made or debt
مِنْ بَعْدِ وَصِيَّةٍ يُوصَى بِهَا أَوْ دَيْنٍ
Source
www.alifta.gov.sa
The Arabic text is copied verbatim from the original source, without any edits.