They state in their letter: We seek your guidance regarding a sum of money held in trust by a man, the owner of which is an orphan, and he prevented the payment of zakah. Who bears the sin, the trustee or the orphan, knowing that the orphan has reached maturity?
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The questioner : They state in their letter: We seek your guidance regarding a sum of money held in trust by a man, the owner of which is an orphan, and he prevented the payment of zakah. Who bears the sin, the trustee or the orphan, knowing that the orphan has reached maturity?
The Shaykh : If the orphan has reached maturity, the guardianship of his guardian ceases because he has become independent. Therefore, it is obligatory to hand his money over to him, as Allah the Exalted said:[An-Nisa 4:6] It is not permissible for the guardian to keep the orphan's money in his possession after the orphan has reached maturity; rather, he must hand it over to him. As for preventing the payment of zakah, the sin lies with the one who prevented it, but this does not remove the obligation of zakah. When this orphan takes possession of the money, he must pay the zakah for the past period, because he was not prevented from disposing of the money or benefiting from it, but only from paying the zakah. So whenever he is able to pay the zakah, even if it is after some time, it becomes obligatory for him to pay it.
The questioner : But the one who prevented it, is it the orphan who prevented it?
The Shaykh : I understood from the question that the one who prevented it is the trustee.
The questioner : It is I who understood that, so then...
The Shaykh : In any case.
The questioner : It is necessary to answer regarding both possibilities.
The Shaykh : There is no contradiction. If the one who prevented it is the trustee, then it is as I said.
The questioner : Yes.
The Shaykh : As I said.
The questioner : Yes.
The Shaykh : And if the one who prevented it is the orphan, then the orphan is the one who sins, and his prevention has no ruling, because the guardian has authority and can pay the zakah even if the orphan resists, as long as the orphan has not reached maturity.
The questioner : Yes.
The Shaykh : Yes.
The questioner : This letter or this paper reached us from some listeners, saying: From the Republic of Sudan, I am Muhammad Ahmad Babakir Awadi.
The Shaykh : If the orphan has reached maturity, the guardianship of his guardian ceases because he has become independent. Therefore, it is obligatory to hand his money over to him, as Allah the Exalted said:
And test the orphans [in their abilities] until they reach marriageable age. Then if you perceive in them sound judgement, release their property to them.
وَابْتَلُوا الْيَتَامَى حَتَّى إِذَا بَلَغُوا النِّكَاحَ فَإِنْ ءانَسْتُمْ مِنْهُمْ رُشْدًا فَادْفَعُوا إِلَيْهِمْ أَمْوَالَهُمْThe questioner : But the one who prevented it, is it the orphan who prevented it?
The Shaykh : I understood from the question that the one who prevented it is the trustee.
The questioner : It is I who understood that, so then...
The Shaykh : In any case.
The questioner : It is necessary to answer regarding both possibilities.
The Shaykh : There is no contradiction. If the one who prevented it is the trustee, then it is as I said.
The questioner : Yes.
The Shaykh : As I said.
The questioner : Yes.
The Shaykh : And if the one who prevented it is the orphan, then the orphan is the one who sins, and his prevention has no ruling, because the guardian has authority and can pay the zakah even if the orphan resists, as long as the orphan has not reached maturity.
The questioner : Yes.
The Shaykh : Yes.
The questioner : This letter or this paper reached us from some listeners, saying: From the Republic of Sudan, I am Muhammad Ahmad Babakir Awadi.