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Fatwa CenterHe requests in his will that zakah be paid after his death
Question
A man did not pay Zakaah for some years. As he is drawing near to death, he requested in his will that his heirs give the unpaid Zakaah from the inheritance after he dies. Is this valid?
Answer
All perfect praise be to Allaah, The Lord of the worlds. I testify that there is none worthy of worship except Allaah, and that Muhammad, sallallaahu ‘alayhi wa sallam, is His slave and messenger.
A person who did not pay Zakah should quickly and sincerely repent to Allaah The Almighty and pay the Zakah that is due on the years that passed — before death overtakes him. This is more so if he is seriously ill. Indeed, Zakah is one of the pillars of Islam and failure to pay it is a great sin. However, if the person in question could not do so, he should request this in the first will he makes. Should he fail to do so, his heirs are required to give the overdue Zakah from his wealth. This ruling is based on the Hadeeth in which the Prophet, sallallaahu ‘alayhi wa sallam, said: "And the debt owed to Allaah is more worthy of being repaid." [Al-Bukhari and Muslim]
Allaah Knows best.
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