When rental income is derived from a mother’s property, but the individual receiving it does not retain the funds for himself and instead transfers them directly to his younger or elder brother, an essential question arises regarding who holds the religious obligation to pay Zakat on that amount. To determine this, one must first examine the actual ownership of the underlying property. If the mother is still alive and the legal title remains in her possession, the property continues to be hers. Alternatively, if the mother has passed away and ownership of the asset has legally devolved upon the elder brother through the laws of inheritance, it then officially becomes the property of the elder brother.
In a situation where an individual receives rental income from his own property and transfers the funds directly into his brother’s bank account without physically handling the cash, sacred Islamic jurisprudence considers that the money legally reached the elder brother first, and he subsequently gifted it to his younger brother. This is because transferring money through modern electronic financial technology is legally equivalent to receiving physical cash in hand and then handing it over to another person.
Furthermore, Islamic law provides an established mechanism known as a Family Waqf ( Waqf al-Ahli ). Under this framework, an individual may dedicate his property as an endowment for the welfare of his family members, establishing that the income generated from the asset may be utilized by his family or siblings as a charitable grant. When a property is dedicated as a Family Waqf in this manner, whichever beneficiary receives the rental income treats it directly as their own personal income.
In summary, if the elder brother receives the rental income generated from his mother’s property and passes it on to his younger brother, both the elder brother and the younger brother are required to pay Zakat on that amount. However, if the elder brother officially converts the property into a Family Waqf, the income flows directly to the younger brother; in that specific case, the elder brother bears no obligation to pay Zakat on those funds.