Do children below the age of puberty have to pay zakat?

Question

If you give money away, I think that means you don't have to pay zakat on that money, and it becomes the responsibility of the person receiving the money to pay zakat. Is that correct? For example, lets say I give money above the nisab value who ends up keeping the money for a year. It will be his responsibility to pay zakat on it, and not my responsibility. Is that correct? I'm assuming it will be the receivers responsibility in this case?

Anyway, what if you give money away to your children? A child who has reached the age of puberty. Money which you place into the childs bank account, money you no longer consider your money, as you have given it away to your child. Do you as the parent have to pay zakat on that money, even though you have given it away to the child, or does it become the child's responsibility after receiving the money to pay zakat on it if the child is above the age of puberty? For this too, I assume that it will be the childs responsibility?

So finally the question. If my assumptions about the 2 scenarios above are correct, what if the child is below the age of puberty, and you are a parent are giving money away into your childs bank account, money you will never use, money you are giving away into your childs account so the child can use it in the future. I am faily sure that the child doesn't have to pay zakat on that money until he reaches the age of puberty. What what about before that time? Does the parent have to pay zakat on that money? Or does the parent not have to pay zakat on that money as the parent has given that money away and no longer considers it his own money and will never use that money.

I.e. you've given the money away to someone, so you are no longer responsible for it, however the person who has the money or will have access to the money in the future is too young to pay zakat. Is zakat due on this money if more than nisab?

Answer 1

Yes, zakat has to be payed even if they have not reached puberty. Zakat must be performed on any money that has reached the nisab no matter how old the owner is. In fact, it has been reported that the Prophet had recommended that an orphan's money should be invested so that it does not diminish by zakat.

Amro bin Shu’aib narrated on the authority of his father who reported on the authority of his grandfather, on the authority of Abdullah bin 'Amro(RAA) that the Messenger of Allah () said: “One who becomes the guardian of an orphan, who owns property, must trade on his behalf and not leave it (saved and unused) until it is all eaten up by Zakah (which is paid yearly).” Related by At-Tirmidhi and Ad-Daraqutni with a weak chain of narrators.

- Bulugh al Maram, book 4, hadith 632

Answer 2

There is difference of opinion on whether Zakat is obligatory on the property of a child. The view of the Maliki, Shafi'i and Hanbali madhab and the view of the majority is that it is due on their property. The guardian of the child who manages his wealth will give Zakat from it. The evidence for this view includes:

• من ولي يتيما له مال فليتجر فيه ولا يتركه حتى تأكله الصدقة

  As for one who is the guardian of an orphan who has wealth, then let him do business with it and not leave it until it becomes consumed by charity.

  ^{— Jami at-Tirmidhi}

• This view is narrated from a group of the sahaba including Umar, Ali, Ayesha, Ibn Umar, Jabir.

• It is argued that Zakat is a right of the poor in wealth so it is analogous to other financial rights such as maintenance of family and compensation for damages. Like those liabilities it remains due in childhood and must be administered from their wealth on their behalf by their guardian.

The view of the Hanafi madhab is that a child is exempt from Zakat as they further add sanity and adulthood among conditions for it to be due on a person. Their evidence includes:

• رفع القلم عن ثلاثة عن النائم حتى يستيقظ وعن الصبي حتى يحتلم وعن المجنون حتى يعقل

  The pen has been lifted from three: a sleeper till he awakes, a boy till he reaches puberty, and a lunatic till he comes to reason.

  ^{— Sunan Abu Dawud}

• This view is narrated from some of the sahaba including Ibn Masud and Ibn Abbas. And from a group of the tabi'in including Sa'id ibn al-Musayyib, Muhammad al-Baqir, Sa'id ibn Jubayr, Hasan al-Basri, Ibrahim al-Nakhai.

• It is argued that Zakat is an act of worship and so is analogous to prayer, fasting and pilgrimage. Like those acts it is only obligatory on a person who is mukalaf and can act out their own volition.

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References:

1. مصنف عبد الرزاق, مصنف ابن أبي شيبة, السنن الكبرى للبيهقي, سنن الدارقطني, الأموال لابن زنجويه
2. الموسوعة الفقهية, Islamic Jurisprudence According To The Four Sunni Schools , Hidayah