Asalam u alaikum, My mother passed away 13 yrs ago,, we are 3 brothers and 3 sisters. we just found that she had some gold that is in possession on one of my sister. My sister claims that my mother has told her to keep it for one of my brother who never married. But he is not aware of it either. Should this gold jewelry be divided accordi ng to Nisab or we should consider it as my brother's property? My sister who is holding it doesn't have any proof of mother giving her jewelry to keep. My other sister is saying that it was not my mother's intent to keep it just for one of my brothers. What should be done in this situation. JazakAllah khair.
بسم اللہ الرحمن الرحیم
الجواب وباللہ التوفیق
The “Will” of your mother stating to save the gold for her son is invalid, because the “Will” is forbidden for the heirs according to Shari'ah rules. So the gold will not become property of the brother, but must be distributed among all your brothers and sisters.
If the heirs are only three sons and three daughters, then divide this gold into nine (9) parts.Each of the three sons inherits two (2) parts while each of the three daughters gets one (1) part. Thereafter, the brothers and sisters can happily arrange his marriage and gift that gold to their bother through their free will and desire.
If there are other heirs, write down their details and enquire again.
As for the issue of zakat; after distributing inheritance share (gold plus any other property) to each heir, if the wealth in his or her possession becomes equal to the “nisab and a complete “Zakat Year” has elapsed on it, then two and a half percent of all wealth should be paid in zakat.
It should be noted that Zakat will not become obligatory until the inheritable property (gold plus any other wealth) has been distributed according to above laid out procedure.
فقط واللہ اعلم بالصواب