Question
An orphanage has in their care, orphans, as well as other children whose parents have placed them under their care. The parents do not care for these children, or sometimes may send small contributions, but it is not sufficient for their expenses. However, it is not known if the parents are Zakaat liable or not. Can Zakaat be used for such children?
Also, how should the orphanage accept Zakaat on behalf of the children? Are they regarded as a Wakeel (representative), or are they considered the Awliyaa (guardians) of the children since the parents are not taking care of them. Do they require the children’s consent to accept it on their behalf, do they have to make the children Maalik (owners) physically? Is there any difference depending on the age of the children?
Answer
A child that has reached the age of puberty can accept Zakaat even though his father is not an eligible recipient of Zakaat.
As for the child who has not reached that age, he can only receive Zakaat if his father is also a liable recipient of Zakaat. If this is not known (whether the child is an eligible recipient or not), then a further inquiry will be necessary.
However if the parents are out of reach and cannot be located, then the orphanage must try their best to find out if the child is fit to be a recipient of Zakaat or not (this can be done by contacting any close relative of the child). After having done the necessary investigations, if the orphanage finds the child to be a worthy recipient for Zakaat, then Zakaat can be given to the child and it will be discharged.
However, if after some time, the actual reality emerges that the child was not eligible to accept Zakaat, then too the Zakaat that was given to the child already will be discharged as long as the necessary avenues of investigating the eligibility of the child were implemented.
Children that have been placed in the care of an orphanage and do not understand the value of money; Zakaat forwarded for these children can be given to those in charge of their welfare (such as the administrators and officials of the orphanage).
As for those that are mentally mature enough to understand the value of money (even though they may not have attained puberty as yet); Zakaat can be given directly to them or to those in charge of their welfare with their prior consent (this can be done when the child is being admitted into the orphanage).
If Zakaat money is forwarded by donors directly to these children, then they have to take money into their possession physically in order for it to be discharged.
Checked and Approved By:
Mufti Muhammed Saeed Motara Saheb D.B.
References
ولا يجوز دفعها الى ولد الغنى الصغير كذا في التبيين. ولو كان كبيرا فقيرا جاز … وكذا الى البنت الكبيرة اذا كان ابوها غنيا لان قدر النفقة لا يغنيها وبغنى الاب و الزوج لاتعد غنية كذا في الكافي ….
(هندية ص ۱۸۹ – ج ۱)
اذا شك وتحرى فوقع فى اكبر رأيه انه محل الصدقة فدفع اليه أو سأل منه فدفع أو رآه في صف الفقراء فدفع فإن ظهر أنه . وأما إذا ظهر أنه غنى أو هاشمى أو كافر أو مولى الهاشمى أو الوالدان أو المولودون أو الزوج محل…الزوج محل الصدقة جاز بالإجماع أو الزوجة فإنه يجوز و تسقط عنه الزكاة في قول أبي حنيفة و محمد رحمهما الله ….
(هندية ص ۱۹۰ – ج ۱)
وكذالك لو أعطى غنيا أو ولدا صغيرًا لغنى مع علمه بحاله لا يجوز ….
(المبسوط للسرخسي ص ۱۲ – ج۳)