Q. My Dad died a few weeks ago and he had some money on which he did not pay Zakaat. He did not leave a will requesting Zakaat be paid or any will. My questions are:
1. Can we pay out Zakaah from 1/3 of his monies and then divide the rest amongst the shariah heirs?
2. Even though he did not leave a will or even request the Zakaat be paid, if I paid his Zakaat from my money on his behalf, would it be valid as Zakaat and would he be absolved for the owed Zakaat?
A. 1) Yes, you will pay the Zakaah out of the 1/3 allocated for ‘wills’ (wasiya) and then divide the rest among the legal inheritors (in the shariah).
2) If you paid the Zakaah on his behalf from your money, it will be accepted and would be valid, he would be absolved from paying it.
And Allah knows best.
Mufti Waseem Khan
This answer was collected from DarulUloomTT.net, which is operated under the supervision of Mufti Waseem Khan from Darul Uloom Trinidad and Tobago.