What is the verdict of the Learned Scholars of the Sacred Shar’īah regarding the following issue; upon whom is Sadaqat al-Fitr wājib (necessary) and at what age does it become necessary?
Questioner: Qasim from UK
بسم اللہ الرحمن الرحیم
الجواب بعون الملک الوھاب اللھم ھدایۃ الحق والصواب
Sadaqah al-Fitr is compulsory upon every free Muslim who possesses wealth which reaches the nisāb amount [threshold amount value of 612.36 grams of silver or 87.48 grams of gold] and the condition of the person being mature as in Zakāh is not applicable here, just as it is stated in al-Durr al-Mukhtār,
“تجب عَلَى كُلِّ حُرٍّمُسْلِمٍ ذِي نِصَابٍ فَاضِلٍ عَنْ حَاجَتِهِ الْأَصْلِيَّةِ“
“Sadaqah al-Fitr is compulsory upon every free Muslim who possesses the nisāb amount surplus to his basic needs.”
[al-Durr al-Mukhtār, vol 3, pg 342-345]
Allāmah ibn ‘Abidīn al-Shāmī (may Allāh shower him with mercy) states in relation to this,
“وَأَمَّا الْعَقْلُ وَالْبُلُوغُ فَلَيْسَا مِنْ شَرَائِطِ الْوُجُوبِ فِي قَوْلِ أَبِي حَنِيفَةَ وَأَبِي يُوسُفَ ، حَتَّى تَجِبَ عَلَى الصَّبِيِّ وَالْمَجْنُونِ إذَا كَانَ لَهُمَا مَالٌ وَيُخْرِجُهَا الْوَلِيُّ مِنْ مَالِهِمَا“
“According to the statement of Sayyidunā Imam A’zham Abū Hanīfah and Sayyidunā Imam Qādī Yūsuf (may Allāh shower both of them with mercy), neither sanity nor reaching the age of legal maturity (bulūgh) are necessary conditions, such that Sadaqah al-Fitr is also compulsory upon a minor and an insane person, when they have wealth, so their guardian will take it out from their wealth [on their behalf].”
[al-Durr al-Mukhtār with Radd al-Muhtār, vol 3, pg 345]
From this it is understood that if a minor or insane person has wealth then their guardian will take out Sadaqah al-Fitr from their [the minor or insane person’s] wealth, and if the minor or insane person does not possess wealth the obligation of paying Sadaqah al-Fitr is upon their guardian (father, and if he is not alive then the grandfather), just as it is stated in al-Durr al-Mukhtār,
“فَلَوْ كَانَا فَقِيرَيْنِ لَمْ تَجِبْ عَلَيْهِمَا بَلْ عَلَى مَنْ يَمُونُهُمَا“
“If they are poor then it is not wajib (compulsory) upon them but upon their guardian.”
[al-Durr al-Mukhtār, vol 3, pg 345]
Similarly, it is stated in Bahār-e-Sharī’at that it is wājib (compulsory) upon a man who possesses the nisāb amount to pay Sadaqah al-Fitr on his behalf and on behalf of his minor children, when the children are not themselves possessing the nisāb amount, otherwise the Sadaqah al-Fitr will be paid from the children’s wealth. As for insane children, even if they are of the age of legal maturity, but are not wealthy, then it will become wājib (compulsory) upon their father or guardian to pay Sadaqah al-Fitr, and if they are wealthy then Sadaqah al-Fitr will be paid from their wealth. Whether the insanity is actual i.e. the child became mature in this condition or the child became insane after maturity, the same ruling applies upon both.
[Bahār-e-Sharī’at, vol 1, part 5, pg 934]
واللہ تعالی اعلم ورسولہ اعلم صلی اللہ علیہ وآلہ وسلم
کتبہ ابو الحسن محمد قاسم ضیاء قادری
Answered by Mufti Qasim Zia al-Qadri
Translated by Mohamed Raza Qadri
Read the original Urdu answer here – [Q-ID0286] Who has to pay Sadaqah tul Fitr and at what age?