Zakaat on missing jewellery

Q: Some years ago, there were some riots in a certain place. The valuables from the house were placed elsewhere. Some were taken to the business, which was a big wholesale, for safekeeping and placed in a remote part of the safe. Included in these valuables which were taken to the business was some jewellery which originally belonged to the mother who has since passed away. This jewellery has now been found after many years in which it was regarded as lost. There are two questions:

  1. Is there Zakaat on this jewellery for the previous years?
  2. The mother had left a note with the jewellery stating that it should be given to her youngest son who was 9 years old at the time. Is this gift valid?

 

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A:

  1. There is no zakaat on the jewellery for the past.
  2. The jewellery will form part of the estate. It will not go to the youngest son, unless all the heirs, provided they are adults agree to the same.

And Allah Ta`ala knows best

 

Answered by:

Mufti Ebrahim Salejee (Isipingo Beach)