The funds of residents in medical care facilities
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Fatwa number ( 18397 )
Praise be to Allah alone, and peace and blessings be upon the one after whom there is no prophet,
And after that: The Permanent Committee for Scholarly Research and Ifta has reviewed what was sent to His Eminence the Grand Mufti from His Excellency, the Director of the Social Care Home, in Makkah al-Mukarramah , which was referred to the Committee by the General Secretariat of the Council of Senior Scholars, with number (4147) and date 19/8/1416 AH. His Excellency asked a question, the text of which is as follows: I present to Your Eminence, I am: Hussein Muhammad Sajini , Director of the Social Care Home in Makkah al-Mukarramah , which is under the Ministry of Labor’s Agency for Social Affairs and is designated to receive elderly people who have no family. In this home, with its male and female sections, there are approximately one hundred and fifty cases. Some matters concerning them have arisen, and we wish to be answered on some issues, given that we are responsible for them, due to their varying circumstances: 1- How they perform the prayer, as they are divided into two groups: those with mental illnesses, and the elderly who are not aware, and some of them are sick and cannot move . 2- These residents are given a monthly stipend of (150) riyals, and most of them do not benefit from it; it is deposited in the bank. If one of them dies, his share is deposited in the Muslim Treasury, and some
others spend it on their personal needs. The question here is: Is it permissible to utilize those amounts, before they are placed in the Treasury for their benefit, in charitable works and acts of kindness within the region, with the knowledge of trusted specialists? And as for the living, is it permissible to take some of these amounts and spend them on acts of charity and good? It is known that most of them do not understand anything, do not speak, do not move, and have no heir. 3- How they fast Ramadan, and how to feed those who are unable to, and those who do not have money . 4- Some of the elderly men and women have large sums of money that they do not know about. Is zakat obligatory on it , which accumulates monthly at a rate of (150 riyals)? Please inform us, may Allah reward you with good.
After the Committee's study of the inquiry, it responded as follows: First: For any of these individuals who is of sound mind, prayer is obligatory, in whatever manner he is able; standing, if he cannot stand then sitting, if he cannot sit then on his side, and if he cannot do that then lying down, and he indicates the bowing and prostration with his intention, as was established from the Prophet (peace and blessings be upon him) in the hadith of 'Imran ibn Husayn (may Allah be pleased with them both). Second: What is distributed to the residents of the house as a reward is considered their property, and it is not permissible to dispose of it without their permission, and as for those among them who have no intellect
the home is responsible for spending on them from it, and any surplus is preserved for them. If they die and leave behind any of it, it is an estate to be distributed to their legal heirs according to the legal shares. If their heirs are not known, it is deposited in the Treasury. Third: Whoever among them is able to fast Ramadan is obligated to fast. If he is unable, he breaks the fast. If he is able to make up the fasts, it is obligatory for him to do so. If he is unable to do so, he feeds a poor person for each day he broke the fast, with the food of the country, such as rice, and the amount is by weight: approximately one and a half kilograms for each day. And whoever is unable to feed due to his poverty is excused, and nothing is required of him. Fourth: It is obligatory to inform those residents that they have money preserved for them, and that zakat is obligatory on it if it reaches the nisab and a lunar year has passed over it. And whoever among them has no mind, it is obligatory on those in charge of their money to pay its zakat. And success is from Allah, and may Allah send prayers and blessings upon our Prophet Muhammad, his family, and his companions.
Praise be to Allah alone, and peace and blessings be upon the one after whom there is no prophet,
And after that: The Permanent Committee for Scholarly Research and Ifta has reviewed what was sent to His Eminence the Grand Mufti from His Excellency, the Director of the Social Care Home, in Makkah al-Mukarramah , which was referred to the Committee by the General Secretariat of the Council of Senior Scholars, with number (4147) and date 19/8/1416 AH. His Excellency asked a question, the text of which is as follows: I present to Your Eminence, I am: Hussein Muhammad Sajini , Director of the Social Care Home in Makkah al-Mukarramah , which is under the Ministry of Labor’s Agency for Social Affairs and is designated to receive elderly people who have no family. In this home, with its male and female sections, there are approximately one hundred and fifty cases. Some matters concerning them have arisen, and we wish to be answered on some issues, given that we are responsible for them, due to their varying circumstances: 1- How they perform the prayer, as they are divided into two groups: those with mental illnesses, and the elderly who are not aware, and some of them are sick and cannot move . 2- These residents are given a monthly stipend of (150) riyals, and most of them do not benefit from it; it is deposited in the bank. If one of them dies, his share is deposited in the Muslim Treasury, and some
others spend it on their personal needs. The question here is: Is it permissible to utilize those amounts, before they are placed in the Treasury for their benefit, in charitable works and acts of kindness within the region, with the knowledge of trusted specialists? And as for the living, is it permissible to take some of these amounts and spend them on acts of charity and good? It is known that most of them do not understand anything, do not speak, do not move, and have no heir. 3- How they fast Ramadan, and how to feed those who are unable to, and those who do not have money . 4- Some of the elderly men and women have large sums of money that they do not know about. Is zakat obligatory on it , which accumulates monthly at a rate of (150 riyals)? Please inform us, may Allah reward you with good.
After the Committee's study of the inquiry, it responded as follows: First: For any of these individuals who is of sound mind, prayer is obligatory, in whatever manner he is able; standing, if he cannot stand then sitting, if he cannot sit then on his side, and if he cannot do that then lying down, and he indicates the bowing and prostration with his intention, as was established from the Prophet (peace and blessings be upon him) in the hadith of 'Imran ibn Husayn (may Allah be pleased with them both). Second: What is distributed to the residents of the house as a reward is considered their property, and it is not permissible to dispose of it without their permission, and as for those among them who have no intellect
the home is responsible for spending on them from it, and any surplus is preserved for them. If they die and leave behind any of it, it is an estate to be distributed to their legal heirs according to the legal shares. If their heirs are not known, it is deposited in the Treasury. Third: Whoever among them is able to fast Ramadan is obligated to fast. If he is unable, he breaks the fast. If he is able to make up the fasts, it is obligatory for him to do so. If he is unable to do so, he feeds a poor person for each day he broke the fast, with the food of the country, such as rice, and the amount is by weight: approximately one and a half kilograms for each day. And whoever is unable to feed due to his poverty is excused, and nothing is required of him. Fourth: It is obligatory to inform those residents that they have money preserved for them, and that zakat is obligatory on it if it reaches the nisab and a lunar year has passed over it. And whoever among them has no mind, it is obligatory on those in charge of their money to pay its zakat. And success is from Allah, and may Allah send prayers and blessings upon our Prophet Muhammad, his family, and his companions.
Source
www.alifta.gov.sa
The Arabic text is copied verbatim from the original source, without any edits.