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Zakat / What is the ruling of a person who did not pay Zakat on an orphan’s wealth because of

What is the ruling of a person who did not pay Zakat on an orphan’s wealth because of

publish date : 2014-09-07 | Views : 2129
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Dear respected Shaykh, assalamu alaikum wa rahmatullahi wa barakatuh. What is the ruling of a person who does not pay Zakat on the wealth of an orphan because of ignorance and negligence?

ما حكم من ترك زكاة مال اليتيم جهلاً أو تكاسلا؟ً

Praise be to Allah, and may Allah’s peace and blessings be upon the Messenger of Allah, his family and his companions. Wa alaikum assalam wa rahmatullahi wa barakatuh. As to what follows: In response to your question, we say:   The preponderant opinion is that charity and Zakat are due on the wealth of orphans because Allah the Exalted said, “ Take Sadaqah (alms) from their wealth in order to purify them and sanctify them with it” [at-Tawbah 9: 103]. The verse indicates that Zakat is due on wealth. A hadith from ‘Umar (may Allah be pleased with him) transmitted by al-Baihaqi states, “Invest the wealth of the orphans so that it will not be depleted by Zakat” [as-Sunan al-Kubra [7340]). Another hadith which was narrated by Anas and Jabir from the Prophet (peace be upon him) explicitly states, “Trade in the wealth of the orphans so that it will not be depleted by Zakat” [al-Mu’jam al-Awsat by at-Tabaraani (4152)]. Thus these proofs indicate  that Zakat is compulsory on the orphan’s wealth. If Zakat is not  given because of ignorance then the person who did that has no sin because he is ignorant. However, the orphan’s guardian should pay Zakat for all the years that it was not given because it is a right of the poor.   Whoever does not give Zakah because of negligence should repent to Allah the Exalted. Part of this negligence is delaying in giving Zakat at the due time. I advise the guardian’s of the orphans to record the monies that they give in Zakat so that they may present the records if their integrity is doubted.

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