Zakaat on undistributed inheritance

Question:-

This is a question regarding inheritance on behalf of my father. My grandmother had passed away five years ago, and her estate was divided using the Shariah method of distribution. Some family members had money that belonged to my grandmother, which they were unaware of, but when they found out, they gave it to her inheritors.

My question is, does my father now repay the family members who paid the Zakaat?

Answer:-

We understand from your query that it was unknown that a certain amount of money belonged to the Marhoomah. When it was discovered that the funds belonged to the Marhoomah, then it was distributed according to the Shari’ee law of succession. It is only from this point onwards that Zakaat will be due on the funds, as the heirs were not aware of the funds in the past, nor did they have possession of the funds. Hence, Zakaat will not be due on the previous years.

Now, it seems from your query that the family discharged Zakaat on these funds on behalf of the heirs without their consent. It was incorrect for them to do so. Discharging Zakaat on behalf of another without his consent is invalid.

However, in this instance, Zakaat was not even due. Since the family members discharged Zakaat without consent, your father is not required to return the funds discharged as ‘Zakaat’ on his behalf.

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 (بدائع الصنائع ص90 ج2)

ALLAH TA’ALA KNOWS BEST!

ANSWERED BY:

Mufti Mohammed Desai

Date: 02 Shabaan 1444 / 23 February 2023