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Debts & Loans Jul 13, 2026

The Deceased's Unpaid Zakat: What Heirs Must Do

Question

We know father left several years' zakat unpaid before his death. Must we heirs settle it, and from which funds?

Ruling (Fatwa)

Short answer: Yes — unpaid zakat is a debt on the deceased, indeed the weightiest one: settling it from the gross estate before distribution is obligatory on the heirs, will or no will. Order: funeral costs → debts (Allah's rights: zakat/kaffarah, and people's rights) → bequests (within one-third) → inheritance shares. Details: Determine the years and amounts from records as far as possible; where unknown, estimate cautiously on the higher side. If the estate is smaller than the debts, pay proportionally from what exists; heirs need not pay from their own wealth, though volunteering to clear a father's liability is among a child's finest charities. Lesson for the living: keep a zakat ledger and record outstanding dues in your will — 'it is not right for a Muslim to pass two nights with something to bequeath without a written will' (Sahih al-Bukhari 2738). Evidence: Quran 4:11 ('after any bequest and debt'); Sahih al-Bukhari 1953; Sahih al-Bukhari 2738; Ibn Baz and al-Uthaymin on settling the deceased's zakat from the estate. For complex individual cases, consult a qualified scholar.

References

Quran Quran 4:11
Hadith Bukhari 1953, 2738
Fiqh Ibn Baz; al-Uthaymin on estate liabilities