Zakaat To A Minor Who Is More Worthy Of Zakaat?

· 1 Ramadan 1443 AH3 min readFatwa Fatwa 19 (FATAAWA MAAH E RAMADAAN)English
LiteratureBooksFATAAWA MAAH E RAMADAAN

Question

(1) Will Zakaat be accepted as paid if it is given with the intention of Zakaat to a minor (immature child) or not? (2) Is it better to give Zakaat to one who is in debt or to the poor?

Question Posed By: Ikraam Shaikh Chatsworth Durban South Africa

Answer

(1) If an immature child (pre-puberty) is wise, prudent, in addition, he understands the meaning and responsibility of ownership and possession, then it is permissible to give Zakaat to him. If a child is very young, in addition he does not understand ownership and is not able to transact or execute, then Zakaat will not be accepted as paid by giving it to such a child. However, if the child's guardian takes possession of it, then it will be regarded as paid. It is mentioned in Durr e Mukhtaar:

(Durr e Mukhtaar together with Shaami Vol. 3, Pg. 730, Book of Zakaat Chapter of Expenditure - Zia-ul-Quran Publications, Lahore)

As Shaami also states:

(Fataawa Shaami Vol. 3 p. 703 Chapter of Zakaat - Zia-ul-Quran Publications Lahore)

The summary of the above Arabic research is explained in Bahaar e Shariat as follows: In addition it is necessary to give to a recipient who knows how to take ownership, i.e. not to discard it or get swindled out of it otherwise Zakaat will not be fulfilled, for example, to give Zakaat to a very small child or a lunatic (one not sound of mind), or if a child does not have such intelligence and understanding, then the father on condition that he is also poor or a guardian should take possession of Zakaat on behalf of the child. (Bahaar e Shariat, Part 5 Pg. 10 - Qadri Kitaab Ghar, Bareilly Shareef) It is stated in Fataawa Hindiyah with the following reference from Fataawa Qaazi Khan:

Translation: “It is permissible to accord the property of Zakaat into the possession or ownership of a little boy who is near puberty. Similarly, it can be given to a boy who can take ownership, such that he will not discard it or none will take it by deception. It is also permissible to give Zakaat to a poor person who is suffering from a deficiency of intellect.” (Fataawa Hindiyah Volume 1, Page 209, Chapter of Zakaat)

Answer: (2) In response to a similar question, Huzoor Ala-Hazrat Alaihir Rahma has written in Fataawa Razviyyah Shareef: Whoever is in debt in such a manner that after settling his debt, he will not have in his possession in excess of the amount of fifty-six rupees excluding his basic needs (i.e. he will not be the owner of the excess loan i.e. the threshold) or he is not a Hashmi (a person from the lineage of Sayyidunah Rasoolullahi )صلى الله عليه وسلم, or the giver of Zakaat is not from his immediate children, or spouses, then it is absolutely permissible to give Zakaat to him, rather, it is better and more essential than giving it to the general impoverished people.

Allah Almighty says, Zakaat should be spent on the those in debt. It is in Durr e Mukhtaar:

Translation: A debtor is a person who is not a Nisaab holder out of his debt. This is in Zaheeriyah. (Fataawa Razviyyah Shareef Jadeed, Vol. 10, Pg. 250)

The Summary: it is better to relieve the debtor from the burden of debt. If the poor are in great need, then help them too, as much as they need. It is in Fataawa Hindiyah:

(Fataawa Hindiyah Volume 1 Page 207 / Chapter of Zakaat)

Translation: And from amongst those who can accept Zakaat, is one who is in debt, who does not own any Nisaab more than his debt or another has confiscated or usurped his wealth and he cannot obtain it. And giving Zakaat to the debtor is better than giving to the poor.

Answered by
A Humble Servant of Sacred Knowledge At Amjadi Darul Ifta, Mohammad Quaiser Ali Razvi Misbahi, Imam of Masjid e Khalid, Unit 9, Chatsworth, Durban, South Africa
Approved by
The Grandson of Huzoor Sadrush Shariah, The Propagator of Maslak e Aala Hazrat, Khalifa Huzoor Taajush Shariah wa Huzoor Muhad’dith e Kabeer Hazrat Allama Mufti Faizanul Mustafa Qadri Misbahi Sahab Qiblah Ghosi Shareef India, Founder & Director Jamia Imam Azam Abu Hanifa and Tajushariah Online Islamic Institute (Int.) Lucknow, India | The Propagator of Maslak e Aala Hazrat, Khalifa Huzoor Taajush Shariah wa Muhad’dith e Kabeer Hazrat Allamah Mufti Muhammad Afthab Cassim Razvi Sahab Qiblah founder and Head of Imam Mustafa Raza Research Centre Overport Durban South Africa | The Propagator of Maslak e Aala Hazrat, Khalifa Huzoor Taajush Shariah Hazrat Allamah Mufti Zulfaqar Khan Naimi Kakralvi, Darul Ifta Madina Masjid, Mohalla Ali Khan, Kashipur, Utar-Khand, India | The Propagator of Maslak e Aala Hazrat, Hazrat Allama Mufti Mahboob Raza, Shar’ee Board of Nepal
Ask Amjadi

Fatawa SA is an independent, read-only index of fatawa already published by Amjadi Darul Ifta. It is not a fatwa service. For your own situation, ask the issuing Darul Ifta directly.