One-third of the estate can be given as Zakah for benevolent purposes

Q: A man died and left a will stating that on-third of his estate should go to benevolent purposes. I was appointed by the High Court in Jeddah as a liquidator for his estate due to some conflicts among the heirs who submitted a lawsuit against the inheritance administrator. As a liquidator, my responsibilities include collecting money and other revenues relevant to the estate and keeping one-third to be spent on benevolent projects.As a result, between 16 Jumada Al-Awwal, 1418 A.H. and 4 Safar, 1421 A.H. amounts of money were accumulated under the category of the designated one-third for benevolent purposes. My question is:1- Is there Zakah (obligatory charity) due on the one-third specified for benevolent purposes? If yes, from which date should it be calculated?2- Is it permissible to give from this one-third, or the Zakah due on it, some funds for some of the inheritors who fall under one or more of the eight categories of Zakah beneficiaries? (Part No. 8; Page No. 202


A: Zakah is not Wajib (obligatory) on the assigned one-third of the estate for benevolent purposes in both questions because it is earmarked for charitable projects and is not owned by a specific person before (Part No. 8; Page No. 203) its distribution. It should be spent in the channels specified by the testator. The stated conditions in the will must be fulfilled. This should occur after consulting the Shari`ah court on this matter.May Allah grant us success. May Peace and Blessings of Allah be upon our Prophet Muhammad, his family and his Companions!


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