Zakaat on children's savings

Category: 

Zakaat & Charity

According to Madhhab: 

Hanafi

Reference: 

1440-494

Question: 

I'm a divorced father
of three children & had kept their savings from gifts received from their
infant days, AlHamdulillah.

1. When is the
right age to give this money over to my children?

2. If they have all
become baaligh but still students of deen at madrasah & their monies (more
than nisaab) still stay with their father for safe keeping. Does the father
pay  the calculated zakaat of each of his children or pays from their
account?

3. While parents of
above naabalig children were in nikkah, they experienced some difficulty of
income & together decided to use some part of the monies from thier
children's account for the basic running of their home expense with niyyah to
repay this back again later. To date the "loan" amount has not been
paid back . (Eg) if child no1 had R15K &
parents used R5K, does one every year still pay zakaat on the full amount of
R15K even though only have R10K savings + R5K still owing to his kids?


Answer: 

1. If the kids are Baaligh and intelligent enough of controlling their own finances then there is no harm in handing their funds over to them. If on the other hand, the kids request the father to keep the funds for them (even though they are intelligent and capable enough of controlling their own finances) then too there is no harm in the father doing so on their behalf.

2. Once the kids reach the age of puberty, the kids are responsible for discharging their own Zakaat. If the father wishes to discharge his mature children’s Zakaat from his personal wealth then this is also acceptable with the proviso that he takes their consent before doing so. Similarly, he can discharge their Zakaat from their own funds but with their consent.

3. It is incorrect for the parents to utilize the funds of their Baaligh kids without their consent.

As for Na-Baaligh kids, even if they consent to the parents using their funds, then too it is incorrect for them to utilize their funds. Their monies should be returned immediately if it had been used.

Coming to your query, now that the children are all Baaligh, they are responsible for discharging Zakaat if they possess the Nisaab. If you as the father had taken their funds without their consent (which was incorrect) yet acknowledge and confess that the funds are owed to them, then on receiving their funds from you, they will pay Zakaat for the current year as well as the past years (if Zakaat was not paid on those funds in the past years).

AND ALLAH TA’ALA ALONE IN HIS INFINITE KNOWLEDGE KNOWS BEST

ANSWERED BY: Mufti Mohammed Desai 

CHECKED AND APPROVED BY: Mufti Muhammed Saeed Motara Saheb D.B

Date: 15 Shawwal 1440  English Date: 20 June 2019

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