What do the scholars of the Dīn and muftīs of the Sacred Law state regarding the following issue: If the father deposits money into the savings account of his non–bāligh child, then can the father himself use this money and can he purchase items for the child using this money, also who will give Zakāh on this money?
Questioner: Shahid from UK
بسم اللہ الرحمن الرحیم
الجواب بعون الملک الوھاب اللھم ھدایۃ الحق والصواب
If the depositing of money into the child’s saving account is done so by the father in order to give it to the child (to provide them with ownership), then by depositing money into the account, the child will become the owner of this money. This is because if the guardian of a non-bāligh gifts the child something, then acquisition is not even required; [the enactment of] gifting will immediately become complete and the child will become the owner; now the parents cannot use this money for themselves. Yes, items can be purchased for the child using this money.
Just as it is stated in al-Bahr al-Rā’iq –
“وَهِبَةُ الْأَبِ لِطِفْلَةِ تَتِمُّ بِالْعَقْدِ لِأَنَّ قَبْضَ الْأَبِ يَنُوبُ عَنْهُ”
“The [enactment of the] father’s gifting for a non-bāligh will be complete only with [the enactment of] a contract, because the father’s acquisition is in place of the child’s acquisition.”
[al-Bahr al-Rā’iq, vol 7, pg 489-490]
Similarly it is stated in Tabyīn al-Haqā’iq –
“وَهِبَةُ الْأَبِ لِطِفْلِهِ تَتِمُّ بِالْعَقْدِلِأَنَّهُ فِي قَبْضِ الْأَبِ فَيَنُوبُ عَنْ قَبْضِ الصَّغِيرِ؛ لِأَنَّهُ وَلِيُّهُ فَيُشْتَرَطُ قَبْضُهُ”
[Tabyīn al-Haqā’iq, vol 5, pg 95]
It is stated in Bahār-e-Sharī’at that even though the guardian of a non-bāligh is not permitted to use the child’s wealth, even then whenever they gift something to the child, just from the mere contracting, meaning, offering [the gift], the [enactment of] gifting is complete. This is on the condition that the item to whom it was gifted is [originally] in the hands of the person who gifted it or who it is deposited with [i.e. the one who is looking after it]. One comes to know that the ruling of gifting for the father is the same as it is for paternal uncles, brothers, etc when there is no father, on the condition that the non-bāligh child is in their care.
[Bahār-e-Sharī’at, vol 3, part 14, pg 77]
It is not permissible for the parents to use this money unless there is a need, just as it is stated in Durr Mukhtār ma’ Radd al-Muhtār,
“أَنَّ غَيْرَ الْمَأْكُولِ لَا يُبَاحُ لَهُمَا إلَّا لِحَاجَةٍ“
“It is not permissible for the parents to use the item given to the child, unless there is a need.”
[Durr Mukhtār ma’ Radd al-Muhtār, vol 5, 696]
It is further stated in Bahār-e-Sharī’at that if it becomes known from an indication that giving [a food item] for a specific child was intended, then the parents can’t eat it for themselves. For example, if someone is eating something and a child reaches them, and then a little is taken and given to the child. From here it becomes known that it was not intended to give to the parents, and it also becomes known that it is not correct for the parents to use those items that are not for eating which are given to a non-bāligh, unless there is a need.
[Bahār-e-Sharī’at, vol 3, part 14, pg 79]
If the guardian transfers ownership of money to a non-bāligh, then the Zakāh of this money is not on anyone because Zakāh is not fard on a non-bāligh, just as it is stated in the mutūn [texts].
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 Hamza Hussain and Haider Ali
Read the original Urdu answer here: [Q-ID0550] Can Parents spend on themselves the money gifted to their children on Eid or from their savings?