Q: Kindly advise with regard to the following:
Four siblings had sold a jointly owned asset and had given their father the money which was to have been invested by him in a property. However this did not happen for whatever reason and the money remained in the father's business. Over time it was even forgotten that this money has not been invested and has merely been left in the business. The father too had completely forgotten about this money that it is lying in the business. 14 years later one of the siblings passed away. It is now two years since his demise. He has a minor child and two adult children.
Nevertheless it has now been remembered that this money is lying in the business and was not invested. The deceased sibling's share (R95000) has not yet been distributed to his heirs. The father is in the process of returning the money to all the siblings and to the estate of the deceased.
It has been established that none of the the siblings, including the deceased, had included this amount in calculating their zakaat liability. The questions are:
1. Do the living siblings have to pay zakaat on this wealth that has now been returned to them? If yes, how will this be calculated?
2. Will zakaat be payable on the share of the deceased (R95 000) for the period until his demise? If yes, who is responsible to discharge this?
3. Are the heirs of the deceased liable for zakaat upon their respective shares for the past 2 years?