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Fatwa CenterRuling on giving Zakah of inherited estate to one of the heirs
Question
Is it permissible to give the Zakaah of the (inherited) crop to one of the heirs, given that he is unemployed and the estate has not yet been distributed among the heirs, nor is it known when they would do so?
Answer
All perfect praise be to Allaah, the Lord of the worlds. I testify that there is none worthy of worship except Allaah and that Muhammad, sallallaahu ‘alayhi wa sallam, is His slave and Messenger.
The property you have mentioned is subject to one of two states:
The first: that Zakah was due on it before the death of the deceased, in which case nothing thereof should be given to any of the heirs, because there is consensus among the scholars that the Zakah due on the father is not to be given to his offspring.
The second: that Zakah has become due on the estate after the death of the property owner and before its distribution as you have mentioned, in which case no Zakah is due on anyone of you until it completes a full Nisaab for each of you according to the opinion of the majority of scholars.
Being so, if Zakah is to be paid, there is no impediment to give to the brother referred to in the question from the Zakah, if he is among those included in the Quranic Verse (what means): {Zakah expenditures are only for the poor and for the needy and for those employed to collect [Zakah] and for bringing hearts together [for Islam] and for freeing captives [or slaves] and for those in debt and for the cause of Allaah and for the [stranded] traveler - an obligation [imposed] by Allaah. And Allaah is Knowing and Wise.} [Quran 9:60]
Allaah Knows best.
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