• +27 11 413 2785/6

Zakaat Implications While Owing Multiple People

Question

Zayd bought his family house from his mother 3 years ago. He had no cash to pay. There was a verbal agreement that he bought the house. His mother said to him that he should divide the amount into 4 shares.  He should pay 1 share to his brother, 1
to his sister, 1 to her (mother) and 1 share is his. His mother said that this will be easier, rather than him paying her the whole lot and then her transferring money to the others.  Everyone knew and understood that Zayd has no cash then. 

 Now, Zayd has the cash and wants to start paying slowly in instalments.  The house was already transferred onto Zayd s name 3 years ago.

 

What are the Zakaat implications on all these? 

Does Zayd deduct all these monies? 

Does his mother and brother/sister add their shares and then give or mother only? 

What about the past 3 years? 

Answer

In the enquired instance, Bilal became the owner of the property and he is indebted with an amount which he is liable to pay to his mother. After that, his mother made him her representative to give two shares (from the money he is liable to pay to his mother) to his siblings, one share to himself as a gift, and the remaining amount should go to the mother. For instance, Bilal bought the house for one million on credit; after that, his mother directed him to give 50% of the amount to his two siblings 25% each, then 25% of the amount is waived off from him as a gift to him, and 25% leftover should go to the seller (mother in our case).

Additionally, the gift becomes complete with taking possession; however, if the person who is given the gift does not take possession of the gift, the gifted item will still belong to the person who gives the gift. Since, the siblings did not take possession of the gift as; therefore, the gifted amount still belongs to the mother; however, this gift will be applicable in Bilal’s favour and it would be regarded as if he has bought the property for one million and afterwards mother pardoned 25% of the amount of the respected property which means the property only costed him 750,000.

Now we would like to answer your specific query: Meanwhile, since 750,000 still belongs to the mother, she will discharge the Zakat of that amount and she will also discharge the Zakat of the past 3 years. Subsequently, Bilal is indebted with 750,000 which he will pay in instalments; therefore, he will only deduct every year’s instalment from his Zakatable assets as a liability.

Checked and Approved By:

Mufti Muhammed Saeed Motara Saheb D.B.

References

للباب ص ١٤٣ -١٤٤ ط: بشرى 

اللباب ص ٢٧٠ 

الهندية ص ٩٠٠ ج ٣

فتح القدير ج ٢ ص ١١٧ ط رشيدية

Related Fatawa
Discharging Zakaat In A Different Currency

Question A British citizen has money in a bank in Bangladesh. Does he pay his Zakah according to its rate Read more

Zakaat On Products A Beautician Uses

Question Is there zakat on beauty products in stock by a beautician such as eye liners, powders, creams etc? Answer Read more

Zakaat After Gifting Gold To Your Children

Question A women had lot of gold which was more than the nisaab but she distributed the gold between her Read more

Discharging Zakaat With Redundant Stock

Question I would like to know if you can give redundant or obsolete stock as part of your Zakaat disbursement? Read more

Discharging Zakaat By Purchasing A Flight Ticket

Question My mother's brother is a poor person. He lives in India. we send money for his needs etc. We Read more

Darul Ifta - Darul Uloom Azaadville - Madrasah Arabia Islamia