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﴿ فَاسْأَلُوا أَهْلَ الذِّكْرِ إِن كُنتُمْ لَا تَعْلَمُونَ ﴾

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What is the ruling on paying the zakah of money deposited as a trust without the owner's permission?

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Question:
An elderly woman deposited money with me, and I am paying the zakah of this money without her knowledge. What is the ruling on my action, and what is the ruling on the zakah that I have already paid?

Answer:
This is not valid except with her permission if she is of sound mind. If she is of sound mind, her permission is required. However, if she is not of sound mind, meaning her mind and intellect have been impaired, or if it is a young child, his guardian pays the zakah on his behalf. The guardian pays the zakah on his behalf, or the agent to whom his care has been entrusted, if he does not have mental capacity. As for the one who has mental capacity, his permission and intention are required, because zakah is an act of worship, and worship is not valid except with intention. The Messenger (peace and blessings be upon him) said: "Actions are only by intentions, and only
Narrated 'Umar bin Al-Khattab: I heard Allah's Messenger (ﷺ) saying, "The reward of deeds depends upon the intentions and every person will get the reward according to what he has intended. So whoever emigrated for worldly benefits or for a woman to marry, his emigration was for what he emigrated for."لكل امرئ ما نوى
Sahih al-Bukhari 1
" and the one who lacks capacity has his guardian intend on his behalf.
Source قناة «العلامة الدكتور صالح الفوزان»، ما حكم إخراج زكاة المال المودع أمانة دون إذن صاحبه؟ صالح الفوزان — youtube.com

The Arabic text is a machine transcription of the audio recording.

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