If it is said that zakah is not obligatory on the wealth of a minor, what is the answer to the hadith: “Whoever is the guardian of an orphan who has wealth, let him trade with it for him and not leave it until charity consumes it”?
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The questioner : In the hadith of 'Umar ibn Mas'ilah from his father from his grandfather, that the Messenger of Allah (peace and blessings be upon him) said: Bulugh al-Maram 4:11.
The Shaykh : Do you know that this hadith is weak?
The questioner : Yes, its chain of narration is weak.
The Shaykh : Okay, it is weak.
The questioner : The Hafiz said it has a supporting narration (mursal) with al-Shafi'i, and al-Shafi'i strengthened it with the generality of the hadiths, meaning the issue is regarding the obligation of zakah absolutely.
Another questioner : What is the mursal?
The questioner : I tried to look for it in the books of our brother Abu Layla.
Al-Halabi : Is it not traced in al-Arwa'?
The questioner : I searched al-Arwa' from cover to cover.
The Shaykh : I do not remember whether it is traced or not. And I know that this hadith is weak, and I do not know if it has any relation to the topic.
The questioner : Okay, Shaykh, if the hadith were authentic, meaning his saying (peace be upon him):, does it apply to zakah or does it have another interpretation?
The Shaykh : No, it applies to zakah.
The questioner : Meaning it would be a proof.
The Shaykh : Yes, exactly.
Another questioner : If it were authentic, but it is not authentic.
The Shaykh : Yes, exactly.
Another questioner : The statement that the mursal and the supporting narration, what is the name of this book?
The questioner : Fiqh al-Sunnah. In al-Mughni it is discussed more broadly.
The questioner : And we will review it, if Allah wills, in al-Tamam al-Manna.
The questioner : Of course, I will say here that the scholars differed on this issue. Of course, more than one of the Companions of the Prophet (peace and blessings be upon him) held that there is zakah in the wealth of an orphan, among them 'Umar, 'Ali, 'Aishah, and Ibn 'Umar. Malik, al-Shafi'i, Ishaq, and Ahmad also held this view. A group said there is no zakah in the wealth of an orphan, and Sufyan and Ibn al-Mubarak held this view. We can derive from the statement of 'Aishah that she used to give zakah from the orphans who were in her care, but this may not indicate obligation either.
The questioner:....
The Shaykh : If it were authentic.
The questioner : If it were authentic, but it is not authentic.
The questioner : ... The session is pleasant.
The Shaykh : ... Al-Ghwayri, I know the brother al-Ghwayri, I know the brother Yusuf al-Ghwayri.
One who becomes the guardian of an orphan, who owns property, must trade on his behalf and not leave it (saved and unused) until it is all eaten up by Zakah (which is paid yearly).
من ولي يتيماً له مال ، فليتجر له ولا يتركه حتى تأكله الصدقةThe Shaykh : Do you know that this hadith is weak?
The questioner : Yes, its chain of narration is weak.
The Shaykh : Okay, it is weak.
The questioner : The Hafiz said it has a supporting narration (mursal) with al-Shafi'i, and al-Shafi'i strengthened it with the generality of the hadiths, meaning the issue is regarding the obligation of zakah absolutely.
Another questioner : What is the mursal?
The questioner : I tried to look for it in the books of our brother Abu Layla.
Al-Halabi : Is it not traced in al-Arwa'?
The questioner : I searched al-Arwa' from cover to cover.
The Shaykh : I do not remember whether it is traced or not. And I know that this hadith is weak, and I do not know if it has any relation to the topic.
The questioner : Okay, Shaykh, if the hadith were authentic, meaning his saying (peace be upon him):
And not leave it until charity consumes it.
ولا تركه حتى لا تأكله الصدقةThe Shaykh : No, it applies to zakah.
The questioner : Meaning it would be a proof.
The Shaykh : Yes, exactly.
Another questioner : If it were authentic, but it is not authentic.
The Shaykh : Yes, exactly.
Another questioner : The statement that the mursal and the supporting narration, what is the name of this book?
The questioner : Fiqh al-Sunnah. In al-Mughni it is discussed more broadly.
The questioner : And we will review it, if Allah wills, in al-Tamam al-Manna.
The questioner : Of course, I will say here that the scholars differed on this issue. Of course, more than one of the Companions of the Prophet (peace and blessings be upon him) held that there is zakah in the wealth of an orphan, among them 'Umar, 'Ali, 'Aishah, and Ibn 'Umar. Malik, al-Shafi'i, Ishaq, and Ahmad also held this view. A group said there is no zakah in the wealth of an orphan, and Sufyan and Ibn al-Mubarak held this view. We can derive from the statement of 'Aishah that she used to give zakah from the orphans who were in her care, but this may not indicate obligation either.
The questioner:....
The Shaykh : If it were authentic.
The questioner : If it were authentic, but it is not authentic.
The questioner : ... The session is pleasant.
The Shaykh : ... Al-Ghwayri, I know the brother al-Ghwayri, I know the brother Yusuf al-Ghwayri.
Source
www.al-albany.com
The Arabic text is copied verbatim from the original source, without any edits.