Chapter on Zakat of the Wealth of Children and the Insane

As for the saying of the Shaykh (Al-Mufid), may Allah سبحانه وتعالى have mercy on him: “Whenever he trades with it, meaning the wealth of the orphan, zakat becomes obligatory on it,” what is meant by this is recommendation and desirability, not obligation in the strict sense of making it legally compulsory. This is because there is no difference between whether he trades with it or does not trade with it: zakat is not obligatory on it as a binding duty whose abandonment deserves punishment. Do you not see that if this wealth belonged to an adult, and he traded with it, zakat would still not become obligatory upon him as a binding duty, according to what we will clarify later, if Allah سبحانه وتعالى, the Exalted, wills. What indicates that zakat becomes due on it only in this qualified sense of obligation, when he trades with it, is what he narrated (in the following hadith):

The Imam عليه السلام saying, peace be upon him: “If you move it (harraktahu), then its zakat is upon you,” what is intended by it is that undertaking the taking out of its zakat is upon you, without that being binding in his wealth, because when he trades with the wealth, he becomes liable for it. And when he becomes liable for it, it is not, along with that, obligatory upon him to take out zakat from his own wealth. And what indicates that is what he narrated (in the following hadith):

As for liability for the wealth, it is binding upon the one who trades with it in all circumstances, unless he intends by it consideration (nazaran) for the orphan and care for preserving his wealth, in which case liability for it is not binding upon him. What indicates that is what he narrated (in the following hadith).

As for the profit, it only belongs to the orphan when the administrator (mutawalli) disposes of it and does not, at the time, possess what would cover that wealth. Whenever the matter is as we have mentioned, he is liable for the wealth, the profit belongs to the orphan, and the zakat is in the wealth of the orphan, and it is upon the guardian (wali) to take it out from it, if he did not intend by the trade consideration (nazaran) for the orphan. This is the category whose mention we have already presented, and in which we have mentioned many reports. Whenever his intention is consideration (nazaran) for the orphan, it is permissible for him to take from the profit something that will be sufficient provision (bulghah) for him. This is the meaning of the previous report: “And the profit is between them.” And whenever the one who trades with the wealth of the orphan is, at the time, able to provide the like of it, then liability for it is obligatory upon him, its profit belongs to him, and its zakat is upon him. What indicates that is what he narrated (in the next hadith).

As for what indicates that zakat becomes obligatory on their produce (ghallat) is what he narrated (in the following hadith):

It is not contrary to the first narration, because the Imam عليه السلام, peace be upon him, said: “There is no zakat on all of his produce (ghallat).” And we do not say that there is zakat on all of his produce. Rather, it becomes obligatory on the four categories, which are: dates, raisins, wheat, and barley. He only singled out orphans with this ruling because others are recommended to take out zakat from the rest of the grains, whereas that is not so in the wealth of orphans. For that reason, they were specifically mentioned.

As for what indicates that the insane are joined to them (orphans) in this ruling, it is what he narrated (in the following hadith).