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

Submitted by admin on Tue, 2016-04-19 14:40

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)

Category:

Inheritance›Wasiyyah (Bequests)

Labels:

Disclaimer: The answer hereby given is specifically based on the question asked and should be read together with the question asked. Muftionline.co.za bears no responsibility to any party who may or may not act on this answer. Muftionline.co.za being hereby exempted from loss or damage whatsoever caused. Should the question refer to a matter in dispute between two parties, this answer may not be used in the dispute in question by either party unless the question was jointly submitted by both parties with an acknowledgement by both parties that the question was correct and accurate. This answer may not be used as evidence in any court of Law without prior written consent from Muftionline.co.za.

This is the standard version of the site.