Answered by Shaykh Faraz Rabbani
My father passed away nearly two years ago, I am his eldest son and am dealing wit his estate on behalf of the family. All his debts have been paid off and the money that he left is in a bank account. He also left some shares. The money has not been distributed amongst the inheritors yet. What I want to ask is if Zakat is due on this money or not? Is Zakat only payable once the money has been distributed? Do I just add up the amounts of the money and the shares and pay the Zakat?
Walaikum assalam wa rahmatullah,
If you father (Allah have mercy on him) left a wasiyya that his zakat be paid on his behalf, then it could be paid from up to 1/3 of his estate.
However, if the inheritors all agree, willingly, then his current zakat and all unfulfilled religious debts can be paid from beyond that 1/3, even if it wasn't specified.
See:
Expiatory payment for missed fasts and prayers
It is best to consult a reliable scholar about the specifics of how to discharge these religious debts (unpaid zakat, and expiation for missed fasts and prayers).
And Allah alone gives success.
Faraz Rabbani
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