Question:
it was also bequeathed that the deceased’s missed salaah, zakaat, fasting etc should also be paid. Please advise as to how it should be paid for. How to calculate amounts for each salaah, fast, zakaat etc? Do the amounts then have to be deducted first before the 1/3 is divided among the aforementioned individuals?
Answer:
The amount for outstanding Salaah, Zakaat and fasting should be discharged first with the proviso that it does not exceed 1/3 of his nett estate. If any funds remain (from the 1/3) after discharging the above outstanding obligations, the remainder will be apportioned into three equal parts and the Wasiyyat to his non-heirs will then be fulfilled as explained in our previous query. If the entire 1/3 is exhausted in discharging his obligations (such as Salaah, Zakaat, fasts etc.) then the remainder of his bequest (on behalf of his family members and adopted children) will fall away, unless all the heirs consent to it being fulfilled.
The amount for every Salaah and fast missed will be the same as the amount of Sadaqatul Fitr which should be in the region of R25. However, you should contact the local Jamiat office for accurate figures. If the deceased had not paid his Zakaat in full then surely this amount would be recorded and attached to his will. This recorded amount should be discharged from his estate. If an amount is not recorded then we will assume that his Zakaat had been discharged in full prior to his demise.
Checked and Approved By:
Mufti Muhammed Saeed Motara Saheb D.B.
( وإذا اجتمع الوصايا قدم الفرض وإن أخره الموصي وإن تساوت ) قوة ( قدم ما قدم إذا ضاق الثلث عنها )
( در المختار كتاب الوصايا)
( قوله قدم الفرض ) كالحج والزكاة والكفارات ، لأن الفرض أهم من النفل ، والظاهر منة البداءة بالأهم زيلع
(در المختار كتاب الوصايا)