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
Sadaqat al-Fitr is compulsory upon every free Muslim who possesses wealth which reaches the nisāb amount [threshold amount value of 612.15 grammes 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:
“Sadaqat al-Fitr is compulsory upon every free Muslim who possesses the nisāb amount surplus to his basic needs.”
[al-Durr al-Mukhtār Kitāb al-Zakāh, Chapter Sadaqat al-Fitr Vol 3 Pg. 323-325]
Allāmah ibn Abidīn al-Shāmī (may Allāh cover him in mercy) states beneath this:
“According to the statement of Sayyidunā Imam A’zham Abū Hanīfah and Sayyidunā Imam Qādī Yūsuf (may Allāh cover both of them him in His Mercy) neither sanity nor reaching the age of legal maturity (bulūgh) are necessary conditions such that Sadaqat al-Fitr is also compulsory upon a minor and an insane person, when they have wealth, so their guardian will extract it from their wealth [on their behalf].”
[al-Durr al-Mukhtār with Radd al-Mukhtār Kitāb al-Zakāh Chapter Sadaqat al-Fitr Vol 3 Pg. 325]
From this it is understood that if the minor or the insane person has wealth then their guardian will extract Sadaqat-ul-Fitr from their [the minor or insane person’s] wealth and if the minor or the 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:
“If they are poor then it is not wajib (compulsory) upon them but upon their guardian.”
[al-Durr al-Mukhtār Kitāb al-Zakāh, Chapter Sadaqat al-Fitr Vol 3 Pg. 325]
Similarly, it is stated in Bahār-e-Sharī’at that it is wājib (compulsory) upon a man who possesses the nisāb amount to pay Sadaqat al-Fitr on his behalf and on behalf of his minor children, when the children are not themselves possessing the nisāb amount, otherwise the Sadaqat 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 Sadaqat al-Fitr, and if they are wealthy then Sadaqat al-Fitr will be paid from their wealth. Whether the insanity is original 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 Pg. 5, Sadaqat al-Fitr Rule No 7 Pg. 932]
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?