Islam Question and Answer - How should zakaah on wealth belonging to orphans be paid?

Wed 10/8/1434 - 19/6/2013

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Principles of Fiqh » Jurisprudence and Islamic Rulings » Acts of Worship » Poor-due or obligatory charity » On What is Zakaah Due

How should zakaah on wealth belonging to orphans be paid?

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I have some orphans under my care. I bought some shares in their name using my own capital, and when I sell the shares, I take back my capital and the profit remains in their account. Please note that some wealth has accumulated from these earnings for them, and I invest some of these earnings and some of that remains in their account, and one year has passed for some of the earnings.
My question is: How should zakaah be paid in this case, because they are minors and any zakaah is to be paid from their monthly income? Please note that their monthly income covers their needs.

Praise be to Allaah.

Everyone who possesses wealth that reaches the minimum threshold (nisaab) and one year has passed since he acquired it, is obliged to pay zakaah on it, whether he is old or young, of sound mind or otherwise.

No differentiation is made between orphans and others in this case, because zakaah is what is due from wealth, as Allaah says (interpretation of the meaning):

“Take Sadaqah (alms) from their wealth in order to purify them and sanctify them with it”

[al-Tawbah 9:103].

In Fataawa al-Lajnah al-Daa’imah (14/293) it says: It is obligatory for the guardian (wali) to pay the obligatory zakaah on the wealth of minors if it reaches the nisaab and one year has passed since it was acquired. End quote.

This has been discussed in detail in the answer to question no. 75307.

Based on that:

1. If the wealth of each of these orphans has reached the nisaab as defined in sharee‘ah (the value of 595 grams of silver), then you have to pay zakaah on his behalf.

2. With regard to the profits that you put in their account, if it came from your capital then it is a gift from you to them, and it comes under the same heading as wealth acquired during the year. So you should work out a separate year for that, starting from the date you gave it to them.

see the answer to question no. 93414.

3. With regard to the profits that come from their own capital, they should not work out a separate year for that; rather the year for them starts from the date the capital was acquired and zakaah should be paid on (the profits) at the same time.

One of the duties of the wasiy (guardian) is to take care of orphans placed under his care, look after them, protect their wealth and invest it according to what is in their best interests according to sharee‘ah. There is no doubt that what you are doing, using your money for trading in shares and putting the profits in their account, is a good and righteous deed for which you will be rewarded.

And Allah knows best.

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