Zakat Rulings – Deceased’s Estate and Orphans’ Wealth
Source: Fatawa Arkan-e-Islam
❀ Question:
If a person possesses one-third of a deceased individual’s wealth, and also holds some dirhams belonging to orphans, is zakat due on any of this?
❀ Answer:
Al-ḥamdu lillāh, waṣ-ṣalātu was-salāmu ʿalā Rasūlillāh. Ammā baʿd:
❖ Zakat on the One-Third Share of the Deceased:
➊ Zakat is not obligatory on the one-third portion of the deceased’s estate.
✔ This is because such wealth no longer has an individual personal owner, and is usually allocated for charitable causes.
✔ Therefore, no zakat is due on this type of wealth.
❖ Zakat on the Wealth of Orphans:
➋ As for the dirhams belonging to orphans, zakat is obligatory on them.
✔ Their guardian (walī) must pay zakat on their behalf.
❖ Scholarly Clarification:
➌ Among the various scholarly views, the strongest opinion is that:
✔ Maturity (bulūgh) and intellect (‘aql) are not conditions for the obligation of zakat.
✔ This is because zakat is an obligation upon the wealth, not the person.
❖ Conclusion:
✔ No zakat is due on wealth without personal ownership, such as the one-third bequeathed for charity by a deceased.
✔ Zakat is due on orphans’ wealth, and their guardian must fulfill this duty on their behalf.
ھٰذَا مَا عِنْدِي وَاللّٰهُ أَعْلَمُ بِالصَّوَابِ
