'' Our Lord ! grant us good in this world and good in the hereafter and save us from the torment of the Fire '' [Ameen]
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{in Arab} :->
Rabbanaa aatinaa fid-dunyaa hasanatan wafil aakhirati hasanatan waqinaa 'athaaban-naar/-
(Surah Al-Baqarah ,verse 201)
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Praise be to Allah.
Zakaat al-fitr is obligatory upon every Muslim, whether male orfemale,
young or old, because of the hadeeth of Ibn 'Umar (may Allah be
pleased with him) who said: The Messengerof Allah (blessings and peace
of Allah be upon him) enjoined zakaat al-fitr upon the people at the
end of Ramadan, asaa' of dates or a saa' of barley, upon everyone,
free or slave, male or female, among the Muslims. Narrated by
al-Bukhaari (1504) and Muslim (984). The orphan is included in
thegeneral meaning of the word people.
Based on that, if the orphan has any wealth, zakaat al-fitr must be
paid from it; it is an obligation upon him that he must pay from his
own wealth, and the one who is sponsoring him does not have to give
zakaat al-fitr on his behalf, because he is able to afford it. But if
his sponsor gives it on his behalf voluntarily, that is acceptable.
An-Nawawi (may Allah have mercy on him) said:The orphan who has wealth
is obliged to pay his zakaat al-fitr from hiswealth, in our opinion.
That was also the view of the majority of scholars, including Maalik,
Abu Haneefah and Ibn al-Mundhir. End quote fromal-Majmoo', 6/109
Al-Bahooti said inKashshaaf al-Qinaa'(2/247): It is obligatory upon
every Muslim… male or female, old or young, because of the report
quoted above, even if he is an orphan. It must be paid from the
individual's wealth. That was stated [by Imam Ahmad]. End quote.
But if the orphan does not have any wealth, then his zakaat al-fitr
must be paid by the one who is Islamically obliged to spend on this
orphan among his relatives. As for the one who is sponsoring him: he
is not obliged to pay zakaat al-fitr on his behalf, because he is
spending on him voluntarily.
This is the view of the majority of scholars (including the three
imams, Abu Haneefah, Maalik and ash-Shaafa'i),because they say that
zakaat al-fitr is obligatory upon every Muslim and those whom he is
obliged to support. The one who sponsors an orphan is voluntarily
sponsoring him, so he is not obliged to give zakaat al-fitr on behalf
of the orphan.
The view of Imam Ahmad is that whoever is spending on a person during
the month of Ramadan, even if he does so voluntarily, is obliged to
give zakaat al-fitr on that person's behalf. Imam Ahmad stated that
whoever takes in an orphan girl must give zakaat al-fitr on her
behalf.
Some of the Hanbalis, such as Ibn Qudaamah, favoured the view that
this is not obligatory, and they interpreted thewords of Imam Ahmad
mentioned above as meaning that it is mustahabb (recommended).
See:al-Mughni(4/306);ash-Sharh al-Kabeer, (7/97)
To sum up: the one who voluntarily sponsors an orphan is not obliged
to pay zakaat al-fitr on behalf of the orphan. Rather zakaat al-fitr
must be paid from the orphan's wealth if he has any wealth; if he does
not have any wealth then zakaat al-fitr must be paid by his relative
who is Islamically obliged to spend on him.
And Allah knows best.
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