Fatwaa ID: 1030

Question:
Assalamu alaikum Mufti sahab, my father passed away in last September. He had a house in India and some cash amount in his account here, which we all siblings have agreed to share according to sharia after his taxes are filed for the last year.

For the house in India, we all have agreed to sell it, but we’re waiting for all the legal/paperwork to be finished. Are we supposed to pay zakaat on the house? We’re not sure about the price we’ll get, so how should we calculate zakaat on that if we’re supposed to pay? All siblings are sahibe nisaab.

Also, I sold a few items like his hospital bed, etc. and spend that money for sadaka jariyah for my father with my siblings’ permission. Are we allowed to do that, or should money be handed to their possession and be used for charity only after they return it?

Answer:
In the Name of Allaah, the Most Gracious, the Most Merciful.
As-salaamu ‘alaykum wa-rahmatullaahi wa-barakaatuh.

We take note of the details of your query. May Allaah Ta’aala elevate your father’s status in Jannah. We understand that your father is survived by his children only. The answers to your queries are as follows,

1. There is no zakaah on the said house.
2. The above was permissible provided that express voluntary approval was found from all the heirs.

And Allaah Ta’aala knows best.
Mufti Muajul I. Chowdhury
Darul Iftaa New York
https://askthemufti.us/

وصل اللهم وسلم وبارك على سيدنا محمد وعلى ءاله وصحبه أجمعين

__________________
Disclaimer

Darul Iftaa New York answers questions on issues pertaining to Shari’ah. These questions and answers are placed for public view on askthemufti.us for educational purposes. The rulings given here are based on the questions posed and should be read in conjunction with the questions. Many answers are unique to a particular scenario and cannot be taken as a basis to establish a ruling in another situation. 

Darul Iftaa New York bears no responsibility with regard to its answers being used out of their intended contexts, nor with regard to any loss or damage that may be caused by acting on its answers or not doing so.

References and links to other websites should not be taken as an endorsement of all contents of those websites. 

Answers may not be used as evidence in any court of law without prior written consent of Darul Iftaa New York.