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| Fatwa ID: | 79181 |
| Title: | Zakat on Inherited Wealth |
| Category: | Financial Transactions |
| Scholar: | Dr.Salah Al-Sawy |
| Date: | 06/14/2009 |
In the Name of Allah, The All-Merciful, The Ever-Merciful. I inherited a land from my father which I kept for several years. Lately, I sold it. Is it obligatory that I pay Zakat on this inherited land? In case it is obligatory, since when would it be due? Is it the date I owned it or the date I sold it? And how do I calculate the sum?
In the Name of Allah, The All-Merciful, The Ever-Merciful.
Praise be to Allah; Prayers and Peace of Allah be upon the Messenger, his household, his companions and followers.
When a person passes away, the ownership of his wealth goes to his heirs. Thus, when the heir inherits a wealth in the form of money, it becomes his own and he has to pay its Zakat. The case is different with landed property; its Zakat varies with its type and what it is meant for. The Zakat of cultivated land is paid on its produce. This is the Zakat of crops and fruits and its value is half-tenth for artificial irrigation and one-tenth for natural irrigation by rain or through its roots. If the land is for residential purposes, and he owned it with the intention of building a house for himself or a member of his family, there is no Zakat due on it, because the land is used as a property. Zakat should be paid on the lands specified for trading the date it is specified for investment. It equals quarter-tenth and should be paid yearly according to the majority of scholars, or at the time it is sold and for once, according to the Maliki school. These two opinions are based on the differentiation between a merchant who sells with the current price and does not wait for the turning of the market, and the monopolist merchant who waits for the turning of market. The former must pay Zakat yearly, and the latter pays Zakat once only at the time of selling even if the sold property remains with him for several years. The Maliki's opinion is milder, whereas that of the majority of scholars is more conservative. And Allah knows best.
