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Zakah on inherited loan

Question:

Salamulaikum,
I have a few questions regarding my zakat calculations. I was looking on ask imam site fatwa # 32887 and I wanted to know if the ruling will apply in my situation. Before my father passed away he loaned my cousin an amount of money. Since he passed my cousin has not paid back this amount and my siblings and I are not sure when we will receive this amount. Will zakat be due on this amount of money? Also when we receive this amount will we have to pay back due zakat on the years we have been waiting for it?
Finally, is it appropriate to subtract the income I earned this year from the money I currently have in savings to calculate zakat?
Jakallahukairun

Answer:

In the Name of Allah, the Most Gracious, the Most Merciful.

As-salāmu ‘alaykum wa-rahmatullāhi wa-barakātuh.

At the outset, it is important to understand the basic concept of calculating Zakāh.

The day an individual becomes owner of Zakātable wealth (gold, silver, cash, or trading merchandise) equivalent to the amount of Nisāb (612.36 grams of silver or its value in cash)[1] is termed as his Zakāh day. In other words, annually all Zakātable wealth in his ownership on that day must be calculated for Zakāh.

If one does not remember when he first became owner of this amount i.e. 612.36 grams of silver or its value, he must apply his discretion and arrive at a conclusion. If he is unable to remember even after applying his discretion, he must stipulate any day as his Zakāh day based on the lunar calendar. Thereafter, on a yearly basis he must calculate all Zakātable wealth in his ownership on that day. [2]

 

Based on the aforementioned, hereunder are the answers to your queries:

  1. If one inherits a loan (as is the case in the query), Zakah is not due until one gains possession of this amount. Upon gaining possession, this amount will be joined with one’s current Zakatable assets (if any), and Zakah will be due the subsequent annual Zakah day on the amount that is remaining on the Zakah day. Zakah for previous years is not due on this amount.[3]

 

  1. The income must be added to one’s current savings and Zakah is due on the total remaining amount on the annual Zakah day.

 

And Allah Ta’āla Knows Best

(Mufti) Abdul Azeem bin Abdur Rahman

Checked and Approved by my Esteemed Ustadh:

Mufti Husain Kadodia Hafidhahullah

 

Disclaimer:

 

The Shar’a ruling herein given is based specifically on the question posed and should be read in conjunction with the question.

 

kDarul Iftaa Texas bears no responsibility to any party who may or may not act on this answer and is being hereby exempted from loss or damage howsoever caused.

 

This answer may not be used as evidence in any Court of Law without prior written consent of Darul Iftaa Texas.

 

 

[1]  اوزان شريعه، ص 49

[2]  احسن الفتاوى، ج 4، ص 265، سعيد

[3]  (قَوْلُهُ: وَمِثْلُهُ مَا لَوْ وَرِثَ دَيْنًا عَلَى رَجُلٍ) أَيْ مِثْلَ الدَّيْنِ الْمُتَوَسِّطِ فِيمَا مَرَّ وَنِصَابُهُ مِنْ حِينِ وَرِثَهُ رَحْمَتِيٌّ، وَرُوِيَ أَنَّهُ كَالضَّعِيفِ فَتْحٌ وَبَحْرٌ، وَالْأَوَّلُ ظَاهِرُ الرِّوَايَةِ، وَشَمَلَ مَا إذَا وَجَبَ الدَّيْنُ فِي حَقِّ الْمُوَرِّثِ بَدَلًا عَمَّا هُوَ مَالُ التِّجَارَةِ أَوْ بَدَلًا عَمَّا لَيْسَ لَهَا تَتَارْخَانِيَّةٌ؛ لِأَنَّ الْوَارِثَ يَقُومُ مَقَامَ الْمُوَرِّثِ فِي حَقِّ الْمِلْكِ لَا فِي حَقِّ التِّجَارَةِ فَأَشْبَهَ بَدَلَ مَالٍ لَمْ يَكُنْ لِلتِّجَارَةِ مُحِيطٌ. (رد المحتار، ج 2، ص 306، سعيد)

 

أحسن الفتاوى، ج 4، ص 271، سعيد

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