Fatwa #3356514 December 2019Saudi Arabia
Do we need to pay zakat on this amount for theses 18 years?
Question
My father gave SR 4000.00 as loan to his friend, about 18 years ago, when he was alive. My father died in year 2000. My father did tell me about this loan. Years passed and we believed that he will not return the money. Some days ago, his friend called me and returned this money. Now I have some questions.
- Do we need to pay zakat on this amount for theses 18 years? If yes then how much?
- How can we distribute it in between myself, my brother, one sister and my mother >
- Can I give all money to my mother, if my brother and sister agree?
Answer
In the Name of Allah, the Most Gracious, the Most Merciful.
As-salāmu ‘alaykum wa-rahmatullāhi wa-barakātuh.
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DISCLAIMER |
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· The Shariah ruling herein given is based specifically on the question posed and should be read in conjunction with the question. · Darul Iftaa bears no responsibility to any party who may or may not act on this answer and is being hereby exempted from loss: or damage howsoever caused. · This answer may not be used as evidence in any Court of Law without prior written consent of the Darul Iftaa |
According to the Shari’ah Laws of Inheritance and Succession, distribution of an estate will only commence after funeral expenses, debts (including legal costs) and bequests (if any) made to non-heirs - which will not exceed one-third (1/3) of the estate after debts and funeral expenses have been settled. Thereafter, all assets form part of the net estate and will have to be distributed according to the Islamic Law of Succession and Inheritance
In principle, inheritance that one does not have access to is defined as a weak debt. The ruling on weak debts such as inheritance is that there is no Zakat due on it for those previous years when one did not have any access to it.[1]
In the enquired scenario, the debt owed to your deceased father would be regarded as inheritance that one does not have access to. Therefore Zakat will only be paid after the amount has come into the inheritors possession.
If the deceased was survived by a wife, two sons and one daughter, then the debt will be divided into six shares as follows:[2]
|
Relative |
Share |
Percentage |
|
Wife |
5 |
12.50% |
|
1st Son |
14 |
35% |
|
2nd Son |
14 |
35% |
|
Daughter |
7 |
17.50% |
|
Total |
40 |
100% |
Furthermore, if all the children willingly without fear or pressure decide to give their portion of their inheritance to the mother, then it will be permissible to do so. One must keep in mind that once they have given their portion of inheritance, they may not demand it at a later stage.
And Allah Ta’āla Knows Best
Checked and Approved by,
Mufti Ebrahim Desai.
[1] (1/ 170) النتف في الفتاوى للسغدي
واما الضعيف فهو مال غير بدل عن مال مثل مهر المرأة والصلح من دم العمد والسعاية والميراث والوصية ونحوها فهذا ليس عليه زكاة ما مضى فاذا خرج منه ما يكون نصابا ثم حال عليه الحول فعليه الزكاة وهي سواء كلها عند ابي حنيفة ومحمد فإذا خرج منه شيء فانه يزكي لما مضى بعد ان يكون الدين نصابا كاملا وحال عليه الحول
(2/ 10) بدائع الصنائع في ترتيب الشرائع
وأما الدين الضعيف فهو الذي وجب له بدلا عن شيء سواء وجب له بغير صنعه كالميراث، أو بصنعه كما لوصية، أو وجب بدلا عما ليس بمال كالمهر، وبدل الخلع، والصلح عن القصاص، وبدل الكتابة ولا زكاة فيه ما لم يقبض كله ويحول عليه الحول بعد القبض
زكوة کے انسائيکلوپیڈیا (ص179)