Question
A women had lot of gold which was more than the nisaab but she distributed the gold between her four children equally because of which each child got less than the zakaat nisaab and the mother was left with very little gold also less than the nisaab, but because the children were not matured when she was dividing her gold so she did not physically give the children the gold but had just written their names on their share and gave it to them when they reached marriageable age.
The question is, did the children become the owners of the gold just by the mother dividing on her own, and if the children do not become the owners just by the mother dividing then does the mother have to give zakaat for all the years she was holding the gold with her before physically giving the children?
Answer
If the woman had informed the father of the children while she was living with him and he accepted the jewellery on behalf of the children the gift will be regarded to be complete based upon which she will not have to discharge any Zakaat for that jewelry for the years prior to handing it physically over to her children.
However if she merely separated it without informing the father the gift will not be regarded as complete until she handed it over to her children. In this case she will have to pay Zakaat upon that jewellery for all the years before she handed it over to her children.
The children, being benefactors of this gift, could discharge this amount on behalf of their mother.
Checked and Approved By:
Mufti Muhammed Saeed Motara Saheb D.B.
References
و عليه لو وهب من كان الصغير فى حجره و تربيته مالا فى يده و أبوه حى لزم قبول الأب و قبضه حتى أنه لو وهب أحد لحفيده أى إبن إبنه الذى فى حجره و تربيته شيئا لكن لم يسلمه إياه و أبوه موجود فلا حكم لتلك الهبة
( شرح المجلة لعلى حيدر ج ٤-٩ ص ٣٦٩ دار الكتب العلمية )
( بدائع الصنائع ج ٦ ص ١٢٦ دار الكتب العلمية )
شرح النقايةج ٢ ص ٩٦ سعيد