If a child inherits wealth that reaches the nisab and a lunar year has passed over it, is it obligatory for his guardian to pay the zakah?
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The questioner : If you please, regarding my younger brother, a sum of money was allocated to him from the estate. The amount that was allocated to him is not with him; for example, I took it from him. Is it permissible for him to pay its zakah?
The Shaykh : Do you pay its zakah, or does he pay it?
The questioner : It is with me.
The questioner : Is it sufficient?
The Shaykh : You agreed to patch up your neighbor’s speech by saying it is a debt. Your brother’s money is a debt.
The questioner : Yes, exactly.
The Shaykh : Are you the one who owes it?
The questioner : Yes.
The Shaykh : I saw it as weak,
The questioner : It was not I who lent it to him; it was the father who lent it to him.
The Shaykh : I mean the late father.
The questioner : Yes, exactly.
The Shaykh : How did this come about?
Al-Halabi : It became a second problem, ...
The questioner : I mean, everyone received their share except the youngest; his share I kept with me on the basis that it is a debt with me.
The Shaykh : Your brother’s share, which you called the youngest, and I see him as older from one perspective, ... Are you holding his right with you against his will, or with his consent?
The questioner : With his consent.
The Shaykh : With his consent. The answer to your question: if this money belonging to your brother is with you and he has not died, it is obligatory for him to pay its zakah every year;
The questioner : May Allah not let his brother die. Is it permissible if, for example, more than a year has passed?
The Shaykh : Every year you must pay the zakah on this money, every year.
The questioner : What if you collect them and pay the zakah for three years together?
The Shaykh : And are you guaranteeing that you will live for three more years? May Allah forgive you.
The questioner : Allah knows best.
The Shaykh : We must know that there is no difference between my money that is with me, for which it is obligatory to pay zakah every year, and this money, in the case where it is with someone else, in terms of the fact that it is obligatory for me to pay the zakah on this money in its year. There is no difference whether the money is with me or my money is a debt with someone else; why is it not permissible? Because Allah says:[Ali 'Imran 3:133], hasten to forgiveness from your Lord ...
The Shaykh : Do you pay its zakah, or does he pay it?
The questioner : It is with me.
The questioner : Is it sufficient?
The Shaykh : You agreed to patch up your neighbor’s speech by saying it is a debt. Your brother’s money is a debt.
The questioner : Yes, exactly.
The Shaykh : Are you the one who owes it?
The questioner : Yes.
The Shaykh : I saw it as weak,
The questioner : It was not I who lent it to him; it was the father who lent it to him.
The Shaykh : I mean the late father.
The questioner : Yes, exactly.
The Shaykh : How did this come about?
Al-Halabi : It became a second problem, ...
The questioner : I mean, everyone received their share except the youngest; his share I kept with me on the basis that it is a debt with me.
The Shaykh : Your brother’s share, which you called the youngest, and I see him as older from one perspective, ... Are you holding his right with you against his will, or with his consent?
The questioner : With his consent.
The Shaykh : With his consent. The answer to your question: if this money belonging to your brother is with you and he has not died, it is obligatory for him to pay its zakah every year;
The questioner : May Allah not let his brother die. Is it permissible if, for example, more than a year has passed?
The Shaykh : Every year you must pay the zakah on this money, every year.
The questioner : What if you collect them and pay the zakah for three years together?
The Shaykh : And are you guaranteeing that you will live for three more years? May Allah forgive you.
The questioner : Allah knows best.
The Shaykh : We must know that there is no difference between my money that is with me, for which it is obligatory to pay zakah every year, and this money, in the case where it is with someone else, in terms of the fact that it is obligatory for me to pay the zakah on this money in its year. There is no difference whether the money is with me or my money is a debt with someone else; why is it not permissible? Because Allah says:
And hasten to forgiveness from your Lord and a garden as wide as the heavens and earth, prepared for the righteous
وسارعوا إلى مغفرة من ربكم وجنة عرضها السموات والأرض أعددت للمتقين
Source
www.al-albany.com
The Arabic text is copied verbatim from the original source, without any edits.