Making a bequest for zakaat to be discharged and interest to be disposed off

Q: In the last will and testament of the deceased, it is instructed that the whole balance on one of the bank accounts of the deceased be deemed undischarged Zakaat and the whole balance on another bank account be deemed interest received and the two balances be disposed with in accordance with Shariah. Would the deceased’s instructions be tantamount to a bequest and consequently can only be limited to one-third of the gross value of the estate and, if so, what, if the total of the two balances and other bequests made exceed one-third? Please clarify.

A: The interest does not fall under a bequest. It is haraam. Hence it has to disposed. The zakaat amount will be part of a bequest.

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


Answered by:

Mufti Ebrahim Salejee (Isipingo Beach)