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Zakaat on an undistributed estate

Answered as per Hanafi Fiqh by Muftionline.co.za

Q: My dad passed away few days back. He left some property and valuables which my family (mother, brother and sisters) do not want to distribute for the time being. Now, how do we calculate zakaat on the property since the purchase price is known but the market price varies.

Do we have to pay zakaat on the house in which we are living?

My dad’s office is still open but no major work is taking place since my dad was in a partnership with my uncle and he had given all his business (not office) to him and my uncle is working from there. I used to visit the office on a daily basis for a few minutes and then left for my office. So, do we have to pay zakaat on it also? 

We are using my dad’s cars and other belongings of my dad, do we have to pay zakaat on these items and what value?

Also, we are giving charity from his belongings but which has more reward, sadaqah or khairaat?

Bismillaah

A: Zakaat is payable only after the estate has been distributed and winded.

If the deceased did not make any wasiyyat for charity it is not right to give any part of his estate in charity.

And Allah Ta’ala (الله تعالى) knows best.

Answered by:

Mufti Ebrahim Salejee (Isipingo Beach)

This answer was collected from MuftiOnline.co.za, where the questions have been answered by Mufti Zakaria Makada (Hafizahullah), who is currently a senior lecturer in the science of Hadith and Fiqh at Madrasah Ta’leemuddeen, Isipingo Beach, South Africa.

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