Praise be to Allaah.
The majority of scholars are of the view that it is
obligatory to pay zakaah on the wealth of minors and the insane. This is the
view of Imam Maalik, Imam al-Shaafa’i and Imam Ahmad. They quoted as
evidence a number of texts.
1 – Allaah says (interpretation of the meaning):
“Take Sadaqah (alms) from their wealth in order to purify
them and sanctify them with it”
Zakaah is obligatory and
must be paid from one's wealth. It is a financial act of worship which
becomes obligatory once its conditions are met, such as owning wealth that
reaches the minimum threshold (nisaab), and the passage of one full (hijri)
2 – The Prophet (peace and blessings of Allaah be upon
him) said to Mu’aadh ibn Jabal when he sent him to Yemen: “Tell them that
Allaah has enjoined upon them charity from their wealth, to be taken from
their rich and given to their poor.” Narrated by al-Bukhaari, 1395. So
zakaah is enjoined upon the rich; this is general in meaning and includes
minors and the insane if they have wealth.
3 – al-Tirmidhi (641) narrated from ‘Amr ibn Shu’ayb, from
his father, from his grandfather that the Prophet (peace and blessings
of Allaah be upon him) addressed the people and said: “Whoever becomes the
guardian of an orphan who has wealth, let him do trade with it and not leave
it lest it be consumed by zakaah.” This is a da’eef (weak) hadeeth which was
classed as such by al-Nawawi in al-Majmoo’ (5/301), and by al-Albaani
in Da’eef al-Tirmidhi.
But this was proven in the words of ‘Umar (may Allaah be
pleased with him), as narrated from him by al-Bayhaqi (4/178). He said: Its
isnaad is saheeh. This was confirmed by al-Nawawi, as stated in
4 – This was also
narrated from ‘Ali, Ibn ‘Umar, ‘Aa’ishah, al-Hasan ibn ‘Ali and Jaabir (may
Allaah be pleased with them).
Abu Haneefah (may Allaah have mercy on him) was of the view
that zakaah is not obligatory for a minor, just as other acts of worship,
such as prayer and fasting, are not required of him. But he stated that
zakaah of crops and zakaat al-fitr are required of him.
The majority responded to that by noting that prayer and
fasting are not required of a minor because these are physical acts of
worship, and the body of a minor is not able for them. As for zakaah, it is
a financial duty, and financial duties are required of minors; if a minor
were to destroy a person’s property then he is required to pay compensation
from his own wealth, and he is obliged to spend on his relatives if the
conditions of that being obligatory are met.
They also said that there is no difference between regarding
zakaah on crops and zakaat al-fitr as being obligatory for a child, and the
zakaah of other things such as gold, silver and cash. If zakaah is required
of him in the case of crops then it is required of him in the case of all
kinds of wealth, and there is no difference.
The guardian of a minor
or an insane person should pay zakaah on their behalf from their wealth each
time one full hijri year passes; he should not wait until the minor reaches
Ibn Qudaamah said in al-Mughni:
Once this is established – i.e., that zakaah must be paid on
the wealth of a minor or an insane person – then the guardian must pay it on
their behalf from their wealth, because it is an obligatory zakaah which
must be paid, like the zakaah of a sane adult. The guardian acts in his
stead when paying what he is obliged to pay. This is a duty that is required
of the minor or insane person, so the guardian must perform it on their
behalf, like spending on relatives. End quote.
Al-Nawawi said in al-Majmoo’ (5/302)
In our view, zakaah is
required on the wealth of minors and the insane, and there is no difference
of opinion on this point. The guardian must pay it from their wealth just as
he pays from their wealth compensation for any damage they may cause (to the
property of others), maintenance of relatives, and other duties that they
may be obligated to fulfil. If the guardian does not pay the zakaah, then
the child or insane person must pay zakaah for past years after attaining
puberty or after recovering, because this is an obligation upon their
wealth. But the guardian is sinning if he delays it and what he has
neglected cannot be waived. End quote.
It was narrated from Ibn Mas’ood and Ibn ‘Abbaas that zakaah
is obligatory upon a minor but he does not have to pay it until he reaches
puberty. But this view is da’eef (weak) and is not valid. It was classed as
da’eef by al-Nawawi in al-Majmoo’, 5/301.
Shaykh Ibn Baaz (may Allaah have mercy on him) was asked:
A man died and left behind wealth and orphans. Is zakaah due
from this wealth? If that is the case, who should pay it?
Zakaah must be paid on
the wealth of orphans, whether it is money, trade goods, livestock of an’aam
animals (camels, cattle, sheep and goats) or grains and produce on which
zakaah is due. The guardian of the orphans must pay it on time… the year is
to be calculated from the death of their father, because when he died, the
wealth came into their possession. And Allaah is the Source of strength. End
Fataawa Ibn Baaz, 14/240
The scholars of the Standing Committee were asked:
Is zakaah due on the wealth of orphans and the insane?
Zakaah is due on the wealth of orphans and the insane. This
is the view of ‘Ali, Ibn ‘Umar, Jaabir ibn ‘Abd-Allaah, ‘Aa’ishah, and
al-Hasan ibn ‘Ali, as narrated from them by Ibn al-Mundhir. The guardian
should pay it on their behalf. The fact that it is obligatory is indicated
by the general meaning of the evidence that zakaah is obligatory, as
mentioned in the Qur’aan and Sunnah. When the Prophet (peace and
blessings of Allaah be upon him) sent Mu’aadh to Yemen and told him what to
say to them, one of the things he said was: “Tell them that they must give
zakaah, to be taken from their rich and given to their poor.” Narrated by
the group. The word “rich” includes minors and the insane, as does the word
“poor”. Al-Shaafa’i narrated in his Musnad from Yoosuf ibn Maahik
that the Prophet (peace and blessings of Allaah be upon him) said:
“Trade with the wealth of orphans and do not let it be lost or consumed by
zakaah.” This is mursal. Maalik narrated in al-Muwatta’ that he heard
that ‘Umar ibn al-Khattaab (may Allaah be pleased with him) say: Do trade
with the wealth of orphans and do not let it be consumed by zakaah. ‘Umar
said that to the people and enjoined it upon them, which implies that it was
a rule that was followed and accepted as the correct ruling. Maalik also
narrated in al-Muwatta’ from ‘Abd al-Rahmaan ibn al-Qaasim that his
father said: ‘Aa’ishah used to take care of me and a brother of mine, who
were orphans under her care, and she used to pay zakaah from our wealth. End
Fataawa al-Lajnah al-Daa’imah,
The view that zakaah is due from the wealth of minors and the
insane was also favoured by Shaykh Ibn ‘Uthaymeen (may Allaah have mercy on
him), as stated in al-Sharh al-Mumti’, 6/14.