The Wealth of Orphans and the Insane
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Fatwa No. ( 66 )
Q: Is zakah obligatory on the wealth of orphans and the insane?
A: It is obligatory to pay zakah from the wealth of orphans and the insane, and this is the opinion of Ali, Ibn 'Umar, Jabir ibn 'Abd Allah, 'A'ishah, and al-Hasan ibn 'Ali, as reported by Ibn al-Mundhir. It is obligatory for the guardian to pay it out, and what indicates its obligation in their wealth is the generality of the evidence for its obligation from the Book and the Sunnah. When the Prophet (peace and blessings be upon him) sent Mu'adh to Yemen and explained to him what to tell them, what he told him was:Sunan an-Nasa'i 2435Sahih (Darussalam) It was narrated by the group, and the wording: (the rich) includes: the child and the insane, just as the term the poor included them, and al-Shafi'i narrated in his Musnad from Yusuf ibn Malik that the Prophet (peace and blessings be upon him) said: Sunan al-Bayhaqi 5:525 And it is mursal. And Malik narrated in al-Muwatta' that it reached him that 'Umar ibn al-Khattab (may Allah be pleased with him) said: Trade in the wealth of orphans so that zakah does not consume it, and 'Umar said this to the people and ordered them, and this indicates that it was a ruling that was practiced and agreed upon as permissible. And Malik narrated in al-Muwatta' from 'Abd al-Rahman ibn al-Qasim from his father that he said: 'A'ishah had me and a brother of mine, who were orphans, in her care, and she used to pay zakah from our wealth. And success is from Allah, and may Allah send prayers and blessings upon our Prophet Muhammad, his family, and his Companions.
Q: Is zakah obligatory on the wealth of orphans and the insane?
A: It is obligatory to pay zakah from the wealth of orphans and the insane, and this is the opinion of Ali, Ibn 'Umar, Jabir ibn 'Abd Allah, 'A'ishah, and al-Hasan ibn 'Ali, as reported by Ibn al-Mundhir. It is obligatory for the guardian to pay it out, and what indicates its obligation in their wealth is the generality of the evidence for its obligation from the Book and the Sunnah. When the Prophet (peace and blessings be upon him) sent Mu'adh to Yemen and explained to him what to tell them, what he told him was:
a charity (Zakah) to be taken from their rich and given to their poor
أعلمهم أن عليهم صدقة تؤخذ من أغنيائهم فترد على فقرائهمSeek out the wealth of orphans so that charity does not consume it
ابتغوا في أموال اليتامى لا تذهبها أو لا تستهلكها الصدقة
Source
www.alifta.gov.sa
The Arabic text is copied verbatim from the original source, without any edits.