Ruling on Giving Zakah to Wealthy Orphans
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There are orphans for whom I am the guardian. Their father passed away several years ago, and their monthly income from the pension is about three thousand five hundred riyals. Over these years, I have accumulated large sums, including about one hundred and fifty thousand riyals in zakah. Should I refrain from taking zakah for them? What should I do with the zakah I have? And if they have a crumbling house that they took out from the Real Estate Development Fund for an amount of (two hundred and forty thousand), should I pay the amount to clear the deceased’s conscience of this debt? And if they have lands from the municipality, should we register them with these funds, or not?
First: It is not permissible for you to take zakah for them while they have what makes them wealthy; because zakah is for the poor and the needy, not for orphans. What you took while they were wealthy, you must return it to its owners if you know them. If you do not know them, give it in charity on their behalf with the intention of zakah for them; because you took it with the intention of zakah from them.
As for the money you accumulated from the pension, do what you see is best;As He, Blessed and Exalted is He, said: [Al-An'am: 152] .
As for the debt to the Real Estate Development Fund, you know that it is deferred and paid in installments, so pay it according to its installments. The deceased is free from it, except for the installments that became due before his death and which he did not pay. As for those that did not become due until after the deceased’s death, the deceased is free from them; because they are tied to the property itself, and the property has passed from him to the ownership of the heirs, so they are the ones responsible for it. Do not pay it from zakah; because they have what can be used to pay it.
First: It is not permissible for you to take zakah for them while they have what makes them wealthy; because zakah is for the poor and the needy, not for orphans. What you took while they were wealthy, you must return it to its owners if you know them. If you do not know them, give it in charity on their behalf with the intention of zakah for them; because you took it with the intention of zakah from them.
As for the money you accumulated from the pension, do what you see is best;As He, Blessed and Exalted is He, said:
And do not approach the orphan's property except in a way that is best
وَلا تَقْرَبُوا مَالَ الْيَتِيمِ إِلَّا بِالَّتِي هِيَ أَحْسَنُAs for the debt to the Real Estate Development Fund, you know that it is deferred and paid in installments, so pay it according to its installments. The deceased is free from it, except for the installments that became due before his death and which he did not pay. As for those that did not become due until after the deceased’s death, the deceased is free from them; because they are tied to the property itself, and the property has passed from him to the ownership of the heirs, so they are the ones responsible for it. Do not pay it from zakah; because they have what can be used to pay it.