Islamic Fiqh > Zakat > Zakat al-fitr > For whom is zakat al-fitr paid?
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Updated on 24 September 2026 at 4:12 PM
This continuation of the fiqh encyclopedia sheets (chapter on zakat al-fitr) examines specific cases: the rebellious wife (nashiza), the wife irrevocably divorced while pregnant, young and adult children, poor parents, precedence between the father and the mother, and the orphan, including the orphan supported by a volunteer. Each question presents the positions of the Maliki, Shafi'i, Hanbali and Hanafi schools, their evidence from the Sunnah and analogy (qiyas), and the classical references.
Those who make the wife's zakat al-fitr obligatory upon her husband advanced further arguments. Second: whoever owes the zakat of his wealth also owes the zakat of his fitr, like the husband. Third: whoever owes the fitr of his slave also owes the fitr of his own person, like the free woman who has no husband; just as a woman must pay zakat al-fitr for her slave, it is all the more fitting that she pay for herself.
Fourth: zakat al-fitr is a right of Allah, exalted be He, that attaches to wealth; the wife must therefore bear it, as with the zakat of wealth and the expiations. Fifth: marriage is a contract by which benefit is made lawful, and by it alone zakat al-fitr is not due, as with the woman hired for a wage (Al-Hawi al-Kabir, 3/354; Al-Mabsut, 3/105). Sixth: zakat al-fitr carries the meaning of worship: the husband married her precisely to carry the acts of worship on her behalf (Al-Mabsut, 3/105).
The question: zakat al-fitr for the rebellious wife. The scholars who hold that the wife's zakat al-fitr is due upon her husband differed: is it due upon him even if she is rebellious, or not? The Shafi'is and Hanbalis, within the madhhab, held that if the wife is rebellious her fitr is not due upon her husband, and she pays it for herself.
Imam an-Nawawi, may Allah have mercy on him, said: Our companions stated: the fitr is due upon the one whose maintenance is due; if she is rebellious, her fitr is not due [upon her husband], without disagreement, just as her maintenance is not. Imam al-Haramayn said: The sound position in my view is certainty that the obligation of her maintenance then rests upon her, even if we say the obligation does not apply, because by her rebellion she left the capacity to bear it; and what the Imam said is determinative (Al-Majmu' sharh al-Muhadhdhab, 6/85). Imam al-Mardawi, may Allah have mercy on him, said: His statement, that the fitr of the rebellious woman does not bind the husband either, is the correct view of the madhhab, and most of the companions are upon it (Al-Insaf, 3/174).
They drew on the analogy of zakat al-fitr with maintenance: just as her maintenance does not bind him, her fitr does not either, like a woman with no family tie, because maintenance lapses through rebellion, and zakat al-fitr follows maintenance in obligation and lapse. Imam al-Mawardi, may Allah have mercy on him, said: If she rebels against her husband at the sighting of the crescent of Shawwal, her maintenance and the zakat of her fitr do not bind him, because maintenance lapses through rebellion and zakat al-fitr follows it in obligation and lapse; the zakat of her fitr is due upon her for herself if she has wealth (Al-Hawi al-Kabir, 3/355).
Ibn Qudama, may Allah have mercy on him, said: If the woman rebels at the time when the obligation is established, her fitr falls upon herself, not upon her husband, because her maintenance does not bind him... for she is one whose burden does not bind him, so her fitr does not either, like a woman with no family tie (Al-Mughni, 4/52).
The jurists differed concerning the wife irrevocably divorced while pregnant: is her fitr due upon her husband or not? Two opinions. The first: her zakat al-fitr is obligatory upon her husband; this is the view of the Shafi'is in their sound opinion and of the Hanbalis in one narration. The zakat of her fitr is due upon her husband because of the pregnancy, and not for the pregnancy alone, for Allah, exalted be He, said:
"And if they are pregnant, then spend on them until they lay down their burden."
Surah At-Talaq, 6
Allah commanded maintenance for them, the fitr follows maintenance, and the maintenance of the irrevocably divorced pregnant woman is obligatory upon her husband; likewise her fitr (Al-Hawi al-Kabir, 3/355; Al-Majmu', 6/94; Rawdat at-Talibin, 2/295; Al-Furu', 2/400; Al-Insaf, 3/168).
Imam an-Nawawi said: As for the irrevocably divorced woman, if she is not pregnant (ha'il), no fitr is due upon him for her, just as no maintenance is, and the fitr of her own person binds her. If she is pregnant, two famous ways appear in the books of the Khurasanians and others. One is certainty that the fitr is due upon him like the maintenance, and this is preferred by Shaykh Abu Ali as-Subki, Imam al-Haramayn and al-Ghazali.
The second is the more sound, and most of the Iraqis resolved upon it. Ar-Rafi'i said: By it, most resolved that the fitr depends on the famous disagreement over whether the fitr is due for the pregnant woman or for the fetus: if we adopt the first view, it is due; otherwise not, for the fitr of the fetus is not due. He then said: Whether we prefer the first way or the second, the madhhab is the obligation of the fitr, for the more sound view is that the pregnant woman's maintenance is due because of the pregnancy (Al-Majmu' sharh al-Muhadhdhab, 6/94; Rawdat at-Talibin, 2/95).
Al-Mawardi said: As for the irrevocably divorced woman, she has two states: pregnant or not. If pregnant, she is entitled to residence and maintenance; is zakat al-fitr then due upon the husband? There are two outcomes, arising from his differing statement on the pregnant woman's maintenance: is it due to the woman herself or to her fetus?
If we say the maintenance is due to the woman, zakat al-fitr rests upon the husband in consequence of the maintenance; if it is said the maintenance is due to the fetus, the zakat of her fitr does not bind the husband, because the maintenance is not hers and no zakat is paid for the fetus (Al-Hawi al-Kabir, 3/355).
Imam Ibn Muflih said: The fitr of the irrevocably divorced pregnant woman binds him if we say the maintenance is for her; if we say it is for the fetus, it is not due according to the more sound view, based on the obligation of the fetus's fitr; and regarding the fetus's support: if its maintenance is due, its fitr is due; concerning its mother there are two views (Al-Furu', 2/400; Al-Insaf of al-Mardawi, 3/168).
The second opinion: the zakat of the fitr of the wife irrevocably divorced while pregnant is not due upon her husband. This is the madhhab of the Malikis, the sound view among the Hanbalis, and one of the two views among the Shafi'is; for zakat al-fitr is due upon the husband only in consequence of maintenance, whereas the irrevocably divorced pregnant woman has no maintenance in reality, the maintenance being for the fetus; therefore zakat al-fitr is not due upon the husband for her (Minhaj al-Jalil, 2/3; Ash-Sharh al-Kabir of ad-Dardir, 1/506; At-Taj wal-Iklil, 3/264; Al-Hawi al-Kabir, 3/355; Al-Majmu', 4/94; Rawdat at-Talibin, 2/295; Al-Furu', 2/400).
Imam Abu Abdillah al-Mawwaq, the Maliki, said: If the woman with whom the marriage was consummated is divorced with a revocable divorce, her maintenance and the payment of her fitr bind him, unlike the case where he divorces her irrevocably while she is pregnant: he does not pay zakat for her, even though the maintenance is upon him (At-Taj wal-Iklil, 3/264). Imam az-Zarqani said: This is one of the cases in which maintenance is due but zakat al-fitr is not, like one whom the zakat-payer supports by commitment, such as a stepdaughter or a person with no family tie, or on account of a pregnancy, like the irrevocably divorced pregnant woman whom he maintains because of her pregnancy (Sharh az-Zarqani ala Mukhtasar Khalil, 1/189).
Ad-Dardir said: It is one of the cases in which maintenance is due without the zakat, like one whom the zakat-payer supports by commitment or for a wage, like one whose food is hired, or on account of a pregnancy, like the irrevocably divorced pregnant woman (Ash-Sharh al-Kabir of ad-Dardir, 1/506). Al-Mardawi said: The fitr of the irrevocably divorced woman binds him if we say the maintenance is for her; if we say it is for the fetus, it is not due according to the more sound of the two narrations (Al-Insaf, 3/168).
Ibn Umar, may Allah be pleased with them both, narrated:
The Messenger of Allah (peace and blessings of Allah be upon him) ordered the charity of breaking the fast to be paid for the young and the old, the free person and the slave, among those you provide for.Hadith previously cited
A group of scholars even transmitted consensus on this. Ibn al-Mundhir said: They agreed that the charity of breaking the fast is due upon a man when he is able to pay it for himself and for his young children, those who have no wealth (Al-Ijma' of Ibn al-Mundhir, 107). Ibn Abd al-Barr said: They agreed that he must pay for his young child when the child's maintenance binds him (Al-Istidhkar, 3/263). The vizier Ibn Hubayra said: They agreed that whoever is addressed by the obligation of zakat al-fitr, despite their disagreement over its description, owes zakat al-fitr for himself and for his young children (Al-Ifsah, 1/342; see also Al-Mabsut of as-Sarakhsi, 3/102; Bada'i' as-Sana'i', 2/71; Al-Hidaya sharh al-Bidaya, 1/115; Al-Ikhtiyar, 1/131; Ash-Sharh as-Saghir, 1/436; At-Taj wal-Iklil, 2/370; Al-Majmu', 6/85).
The question: zakat al-fitr for young children who have wealth. The scholars differed: is zakat al-fitr due from their own wealth, or does it rest upon their father? Two opinions. The first: zakat al-fitr for young children who have wealth is obligatory upon them, paid from their wealth. This is the view of the majority of jurists: the Malikis, Shafi'is and Hanbalis, as well as Abu Hanifa and Abu Yusuf and other scholars (Al-Mabsut, 3/104; Al-Hujja ala ahl al-Madina, 1/527; Mukhtasar Ikhtilaf al-Ulama of at-Tahawi, 1/473; Al-Jawhara an-Nayyira, 2/4; Majma' al-Anhar, 1/335).
Imam Ibn Rushd said: The majority holds that zakat al-fitr is not due from a man for his young children if they have wealth, and ash-Shafi'i, Abu Hanifa and Malik said this (Bidayat al-Mujtahid, 1/385; Adh-Dhakhira of al-Qarafi, 3/166). Imam al-Haskafi said: Nor is it due [from the father] for his wealthy child, because of the absence of the burden; rather it is obligatory from the child's wealth, for it is a burden like maintenance (Ad-Durr al-Mukhtar, 1/335). The qadi Abd al-Wahhab said: His young child's fitr binds him when the child has no wealth; if the child has wealth, it is paid from his wealth (Al-Ma'una, 1/343).
Imam al-Mawardi reported that ash-Shafi'i, may Allah have mercy on him, said: If the child in his custody has wealth, zakat is paid from it for them, unless he pays voluntarily, which suffices for them. Al-Mawardi added: We mentioned that zakat al-fitr follows benefit; when a man has young children in his custody who have wealth, their maintenance and the zakat of their fitr are paid from their wealth and not from the father's wealth: this is the view of the group (Al-Hawi al-Kabir, 3/360). Imam al-Buhuti said: It is obligatory from the wealth of a young child whose personal burden binds him because of his richness through wealth he would earn, and his father pays it for him (Kashshaf al-Qina', 2/247; Matalib Uli an-Nuha, 2/105).
The majority proved the obligation of zakat al-fitr for young children who have wealth, from their own wealth, by the Sunnah and by reason. As for the Sunnah, Ibn Umar, may Allah be pleased with them both, narrated:
The Messenger of Allah (peace and blessings of Allah be upon him) ordered the charity of breaking the fast to be paid for the young and the old, the free person and the slave, among those you provide for.Hadith previously cited
The meaning of this hadith: whoever provides for another must pay for him, and the burden of the young child who has wealth rests upon his wealth; since zakat al-fitr follows maintenance, it is due upon the young child from his wealth.
Imam al-Mawardi said: The burden of children rests upon their wealth, so the zakat of their fitr must follow maintenance from their wealth. Do you not see that the adult, when his maintenance is due from his wealth, has his zakat al-fitr due from his wealth; the poor young child, when his maintenance is upon his father, has his zakat al-fitr due upon his father; likewise the wealthy young child, when his maintenance is due from his wealth, has his zakat al-fitr due from his wealth. Once it is established that it rests upon their wealth, if the father pays it voluntarily for them from his own wealth, that suffices, and he is counted among the voluntary givers (Al-Hawi al-Kabir, 3/360).
As for reason, it is the analogy of zakat al-fitr with maintenance, with the common factor of obligation in each: the young child's maintenance, if he has wealth, is obligatory from his wealth; likewise his zakat al-fitr.
The second opinion [regarding young children who have wealth]: it is obligatory upon their father. This is the view of Muhammad ibn al-Hasan ash-Shaybani and Zufar ibn al-Hudhayl among the Hanafis, for two reasons. First: the analogy of zakat al-fitr with the zakat of wealth, for just as the zakat of wealth is not due upon the child, according to the Hanafi madhhab, likewise zakat al-fitr. Second: it is worship, and the child is not subject to the obligation of worship, for obligation is built upon the legal address (Al-Mabsut, 3/104; Al-Jawhara an-Nayyira, 2/4).
Imam as-Sarakhsi said: When the young child has wealth, the father pays from the child's wealth according to Abu Hanifa and Abu Yusuf, may Allah have mercy on them both; Muhammad and Zufar, may Allah have mercy on them both, said: he pays from his own wealth, and if he pays from the child's wealth, he owes compensation (Al-Mabsut, 3/104).
The question: zakat al-fitr for adult children who have no wealth. The jurists differed over three opinions. The first: zakat al-fitr for adult children who have no wealth is obligatory upon their father if they are unable to earn, such as those stricken with chronic illness (zumana, that is, a long-lasting chronic illness, cf. Al-Misbah al-Munir, 1/256) or insanity; if they are able to earn and of sound mind, it is not due upon their father. This is the madhhab of the Malikis and Shafi'is (Al-Ma'una, 1/234; At-Talqin, 1/168; Al-Muntaqa of al-Baji, 3/183; Ash-Sharh as-Saghir, 1/436; Al-Hawi al-Kabir, 3/353; Al-Ifsah, 1/349; Sharh Mukhtasar Khalil, 2/299; Ash-Sharh al-Kabir of ad-Dardir, 1/505-506).
The qadi Abd al-Wahhab, the Maliki, said: A man owes [the fitr] for himself and for those whose maintenance binds him among the Muslims: a young child without wealth, or an adult poor person stricken with chronic illness (At-Talqin, 1/168). Imam al-Mawardi said: The offspring are the sons, daughters and others, even if lowly; they are of two kinds: wealthy and poor. If wealthy, their maintenance is paid from their wealth, likewise the zakat of their fitr.
If poor, they are of two kinds: those unable to manage their own interests due to young age, insanity or chronic illness, whose maintenance is upon the father even after they reach adulthood; and those who are adults and sound, able to manage their own interests: according to ash-Shafi'i, neither their maintenance nor the zakat of their fitr is upon the father (Al-Hawi al-Kabir, 3/353).
The proponents of this view proved it by the Sunnah and reason: zakat al-fitr for adult children without wealth is due upon the father if they are unable to earn, such as the chronically ill or the insane, and not due upon him if they can earn. As for the Sunnah, Ibn Umar, may Allah be pleased with them both, narrated:
The Messenger of Allah (peace and blessings of Allah be upon him) ordered the charity of breaking the fast to be paid for the young and the old, the free person and the slave, among those you provide for.Hasan hadith, previously cited
The meaning of this hadith: whoever bears another's burden owes zakat al-fitr for him; adult children unable to earn, such as the chronically ill or the insane, place their burden upon their father; as long as their burden binds him, zakat al-fitr is due upon him for them. Just as the father bears the burden of his young children and their fitr because they cannot earn, he likewise bears the fitr of his adult children if they cannot earn.
As for reason: zakat al-fitr is due in consequence of maintenance; whoever's maintenance is due upon another, his fitr is due upon him; the maintenance of adult children without wealth who can earn is not due upon the father, likewise zakat al-fitr is not due upon him for them; if they cannot earn, their maintenance is due upon the father, and zakat al-fitr for them is likewise due upon him.
The second opinion: zakat al-fitr for adult children without wealth is obligatory upon their father when their maintenance binds him. This is the madhhab of the Hanbalis, based on the hadith of Ibn Umar, may Allah be pleased with them both, who said:
The Messenger of Allah (peace and blessings of Allah be upon him) ordered the charity of breaking the fast to be paid for the young and the old, the free person and the slave, among those you provide for.Hasan hadith, previously cited
The meaning of this hadith: zakat al-fitr is incumbent upon the one whose duty it is to maintain another to pay for him; and adult children without wealth, when they are in their father's care, zakat al-fitr is then due upon the father. And because zakat al-fitr follows maintenance: whoever owes his own fitr owes the fitr of the one whose burden binds him, if able; the maintenance of the poor adult child is obligatory upon his father; therefore zakat al-fitr is obligatory upon him (Al-Ifsah, 1/349; Al-Furu', 2/397).
The third opinion: zakat al-fitr for adult children without wealth is never obligatory upon the father, whether they can earn or not. This is the madhhab of the Hanafis (Al-Mabsut, 3/105; Al-Hidaya sharh al-Bidaya, 1/116; Al-'Inaya, 3/231; Al-Jawhara an-Nayyira, 2/5). Imam al-Kasani said: As for adults of sound mind, nothing is paid for them among us, even if they are among his dependents, whether poor and chronically ill (Bada'i' as-Sana'i', 2/72).
The Hanafis proved this by reason. First: the cause of the obligation of zakat al-fitr for another is the maintenance burden and guardianship; the father has no complete guardianship over his adult child, so neither element of the cause, the guardianship, is fulfilled; zakat al-fitr is therefore not obligatory upon him. Second: if the adult child is wealthy, zakat al-fitr is obligatory upon him for himself; if not, he is insolvent, and the insolvent is excused from zakat al-fitr because of his insolvency; zakat al-fitr is therefore not obligatory upon the father (previous sources).
The ruling on paying zakat al-fitr for parents comprises two questions. The first: zakat al-fitr for poor parents. The jurists differed: is it due upon the son or not? Three opinions. The first: zakat al-fitr for poor parents is obligatory upon their child. This is the madhhab of the Malikis, Hanbalis and Shafi'is in one view (Ash-Sharh as-Saghir, 1/426; Al-Ifsah, 1/346; Ash-Sharh al-Kabir, 1/506; Al-Hawi al-Kabir, 3/352; Mawahib al-Jalil, 2/370; Al-Furu', 2/397).
Ibn al-Jallab said: A man must pay it for those whose maintenance binds him among the Muslims: his poor Muslim parents (At-Tafri', 1/265). Ibn Muflih said: The fitr of his two parents binds him, even when they are adults (Al-Furu', 2/397). They proved it by the hadith of Ibn Umar, may Allah be pleased with them both:
The Messenger of Allah (peace and blessings of Allah be upon him) ordered the charity of breaking the fast to be paid for the young and the old, the free person and the slave, among those you provide for.Hasan hadith, previously cited
The meaning of this hadith: whoever provides for another must pay for him; the maintenance of poor parents is obligatory upon their child; likewise their zakat al-fitr is obligatory upon him. And because zakat al-fitr follows maintenance: whoever must maintain another must pay zakat al-fitr for him; the maintenance of poor parents is obligatory upon their child; therefore zakat al-fitr for them is obligatory upon him.
The second opinion: zakat al-fitr for poor parents is not obligatory upon their child, even if they are chronically ill and among his dependents. This is the madhhab of the Hanafis (Al-Mabsut of ash-Shaybani, 2/251; Al-Mabsut of as-Sarakhsi, 3/105). Imam as-Sarakhsi said: A man is not required to pay for his parents nor for any of his relatives, even if they are among his dependents (Al-Mabsut, 3/105). Imam al-Kasani said: He is not required to pay for his parents, even if they are among his dependents, due to the absence of guardianship over them (Bada'i' as-Sana'i', 2/72).
The Hanafis proved their view by reason, in two ways. First: the cause of the obligation of zakat al-fitr for another is the maintenance burden and complete guardianship; the child has no guardianship over his parents; zakat al-fitr is therefore not due upon him for them. Second: he spends on them voluntarily; he is like one who voluntarily spends on a stranger, and the voluntary supporter owes no zakat al-fitr for him; likewise he does not pay zakat al-fitr for his poor parents, since he spends on them voluntarily (Al-Mabsut of as-Sarakhsi, 3/106; Bada'i' as-Sana'i', 2/72).
The third opinion: zakat al-fitr for poor parents is obligatory upon their child when poverty and chronic illness combine in them; otherwise it is not due. This is the view of the Shafi'is in the madhhab (Al-Hawi al-Kabir, 3/352; Al-Majmu' of an-Nawawi, 6/97). Imam al-Mawardi said: If they are poor, they have two states: health and chronic illness. If poor and chronically ill, their maintenance is obligatory upon their children, likewise the zakat of their fitr. If poor and healthy, according to ash-Shafi'i neither their maintenance nor their zakat al-fitr is due until both conditions combine in them: poverty and chronic illness (Al-Hawi al-Kabir, 3/352).
Imam an-Nawawi said: The child owes the fitr of his parent even when the parent is an adult, on condition that his maintenance is obligatory upon him; if his maintenance is not obligatory upon him, his fitr does not bind him (Al-Majmu', 6/97). The Shafi'is justified the distinction: poor, healthy parents without chronic illness have no maintenance due upon their child, because they are able to earn and their own burden falls upon them; likewise zakat al-fitr is not due upon him for them, since their maintenance does not bind him in this state.
As for parents who are poor and chronically ill, their maintenance is upon their child, and likewise their zakat al-fitr. Al-Mawardi said: The basis of all this is that whoever is required to spend on a person owes zakat al-fitr for him, if he is a Muslim (Al-Hawi al-Kabir, 3/352).
The second question: giving precedence to one of the two parents over the other in the fitr, when only enough remains for one of them. Two opinions. The first: giving the mother precedence over the father in paying her fitr. This is preferred by the Hanbalis and is one position of the Shafi'is (Al-Mughni, 6/57; Al-Majmu', 6/99). Ibn Qudama said: He gives precedence to the mother's fitr over the father's, because she has precedence over him in filial piety (Al-Mughni, 6/57). Imam an-Nawawi said: As-Sarakhsi, Imam al-Haramayn and the author of Al-Bayan report a view that he gives precedence to the mother's fitr over the father's (Al-Majmu', 6/99).
They proved the precedence of the mother's fitr by the Sunnah and reason. As for the Sunnah, Abu Hurayrah, may Allah be pleased with him, narrated that a man came to the Messenger of Allah (peace and blessings of Allah be upon him) and said: O Messenger of Allah, who is most deserving of my good companionship? He said:
Your mother. He said: Then who? He said: Your mother. He said: Then who? He said: Your mother. He said: Then who? He said: Your father.Reported by Bukhari (5626) and Muslim (2548)
The meaning of this hadith: it establishes the precedence of the mother's right over the father in filial piety, confirmed by the threefold repetition; paying the mother's fitr is part of filial piety toward her, and she has precedence in filial piety, so her precedence in the fitr follows. As for reason: the mother's maintenance takes precedence over the father's, because she is weak in earning and less resourceful; since the fitr follows maintenance, her fitr is given before the father's (Al-Mughni, 4/87).
The second opinion: giving the father's fitr precedence over the mother's. This is the sound view among the Shafi'is and a possibility among the Hanbalis (Al-Majmu' of an-Nawawi, 6/99; Rawdat at-Talibin, 2/301; Hashiyat al-Jamal ala Sharh al-Minhaj, 2/280). Imam an-Nawawi said: Know that the madhhab is that he gives precedence to himself, then his wife, then his young child, then the father, then the mother (Rawdat at-Talibin, 2/301).
They proved it by the Sunnah and reason. As for the Sunnah, Aishah, may Allah be pleased with her, narrated that a man came to the Messenger of Allah (peace and blessings of Allah be upon him) disputing with his father over a debt the father owed him, and the Prophet of Allah (peace and blessings of Allah be upon him) said:
You and your wealth belong to your father.Authentic (sahih) hadith, reported by Ibn Majah (2291, 2292) and Ahmad (6602)
This hadith indicates that the father has precedence. As for reason, it rests on several points. First: the fitr is a purification for the one paid for and an honor for him; the father is more deserving of both, for the child is attributed to him and is honored by his honor; precedence is therefore given to him over the mother in the fitr (Al-Majmu', 6/99; Asna al-Matalib, 1/391; Al-Ashbah wan-Nazair, 1/337; Mughni al-Muhtaj, 1/405; Nihayat al-Muhtaj, 3/120).
Second: zakat is a bodily act of worship, of which men have more, unlike maintenance (Nihayat al-Muhtaj, 3/120). Third: the child's maintenance in his early years may be due upon his father and not his mother, so the father's maintenance [of him] was more certain than the mother's; since the fitr follows maintenance, the father is preferred over the mother in the fitr (Al-Hawi al-Kabir, 3/374).
The Shafi'is departed here from the order followed in maintenance: they stated that the order of the fitr follows that of maintenance, in which the mother has precedence over the father; here, however, they gave the father precedence over the mother. They answered: maintenance is due to relieve hardship and push away need; the mother is most in need, least resourceful and serves the child most, so her precedence is required in maintenance, which suffers from its neglect. As for the fitr, it is not due for a need or to push away harm, but to purify the one paid for and honor him; the father is more deserving of that, for the child is attributed to him and is honored by his honor (Al-Majmu', 6/99).
It comprises several questions. The first: zakat al-fitr for the orphan. The jurists differed concerning the orphan who has wealth: is zakat al-fitr obligatory from his wealth or not? Two opinions. The first: zakat al-fitr for the orphan who has wealth is obligatory upon him, paid from his wealth by his guardian. This is the view of the mass of scholars: the Malikis, Shafi'is and Hanbalis, as well as Abu Hanifa and Abu Yusuf among the Hanafis. Badr ad-Din al-'Ayni said: The majority of scholars hold that it is obligatory upon the minor, even if an orphan ('Umdat al-Qari', 9/110).
Ibn Abd al-Barr said: Malik, ash-Shafi'i, Abu Thawr, al-Awza'i and Abu Hanifa said: the guardian pays the charity of breaking the fast for the orphan (At-Tamhid, 14/336; see Al-Mudawwana al-Kubra, 2/357). Ibn Hazm said: As for minors, the father and the guardian must pay it for them from wealth, if they have wealth; no zakat al-fitr then rests upon them, nor afterwards.
Abu Hanifa said: the orphan's guardian pays it from the orphan's wealth. Malik said: it rests upon the orphan from his wealth, and this is the view of ash-Shafi'i. Ibn Hazm added: it binds the orphan if he has wealth (Al-Muhalla, 6/139). Ibn Muflih said: it is obligatory from the orphan's wealth, stated explicitly (Al-Mughni, 4/31).
The majority of scholars proved it by the Sunnah and reason. As for the Sunnah, Abdullah ibn Umar, may Allah be pleased with them both, narrated:
The Messenger of Allah (peace and blessings of Allah be upon him) made zakat al-fitr obligatory in Ramadan upon every soul among the Muslims, free or slave, male or female, young or old: one sa' of dates or one sa' of barley.Authentic (sahih) hadith, previously cited
The meaning of this hadith: it proves the obligation of the charity of breaking the fast for the orphan, through his statement (peace and blessings of Allah be upon him): upon every soul among the Muslims; for the word every, when annexed to an indefinite noun, implies the universality of individuals, and the orphan is therefore included (Al-Mubdi', 2/386). Ibn Umar, may Allah be pleased with them both, likewise narrated:
The Messenger of Allah (peace and blessings of Allah be upon him) made zakat al-fitr obligatory: one sa' of dates or one sa' of barley, upon the slave and the free person, the male and the female, the young and the old among the Muslims...Hadith previously cited
The meaning of this hadith: it contains the obligation of the charity of breaking the fast for the young and the old among the Muslims; the orphan is a minor and is therefore included in the meaning of this hadith; the hadith thus proves the obligation of the charity of breaking the fast for the orphan.
As for reason, it rests on several points. First: the analogy of the orphan with the young child who is not an orphan, through the common factor of the obligation of maintenance in both: the young child, if he has wealth, has his maintenance and fitr paid from his wealth; likewise the orphan. Second: zakat al-fitr carries the meaning of a maintenance burden, since it is owed for another because of another, like maintenance; the orphan's maintenance is obligatory from his wealth if he has wealth; zakat al-fitr is therefore due upon him, for it follows maintenance.
Third: zakat al-fitr is a legal purification, analogized to the expense of circumcision, for the circumciser's fee is paid from the child's wealth; likewise zakat al-fitr (Al-Mabsut of as-Sarakhsi, 3/104). The second opinion: zakat al-fitr is never due upon the orphan, whether he has wealth or not. This is the view of Muhammad ibn al-Hasan and Zufar among the Hanafis, who proved it by the analogy of zakat al-fitr with the zakat of wealth: the orphan owes no zakat of wealth, likewise zakat al-fitr. And because zakat al-fitr is worship, and the orphan is not subject to the obligation of worship, for obligation is built upon the legal address (Al-Mabsut of ash-Shaybani, 2/252; Al-Mabsut of as-Sarakhsi, 3/104; 'Umdat al-Qari', 9/110; At-Tamhid, 14/336; Al-Muhalla, 6/136).
The jurists differed: two opinions. The first: zakat al-fitr for the orphan without wealth, under the care of his paternal grandfather, is obligatory upon the grandfather. This is the narration of al-Hasan from Abu Hanifa, preferred by Imam Ibn al-Humam, and the madhhab of the Shafi'is. Imam al-Kasani said: Does the grandfather pay for his poor young grandson in the father's absence, or when the father is poor? Muhammad mentioned in Al-Asl that he does not pay, while al-Hasan narrated from Abu Hanifa that he pays.
Imam as-Sarakhsi said: The grandfather does not pay for his other young dependents (nawafil) even if they are in his care; al-Hasan narrated from Abu Hanifa, may Allah, exalted be He, have mercy on them both, that payment is due upon him after the father's death. Imam an-Nawawi said: As for the grandfather, the fitr of his grandchild whose maintenance binds him is due upon him, and Abu Thawr said the same.
They proved it by the Sunnah and reason. As for the Sunnah, Ibn Umar, may Allah be pleased with them both, narrated:
The Messenger of Allah (peace and blessings of Allah be upon him) ordered the charity of breaking the fast to be paid for the young and the old, the free person and the slave, among those you provide for.Hadith previously cited
The meaning of this hadith, regarding the obligation of the charity of breaking the fast for the orphan without wealth, under his grandfather's care, obligatory upon the grandfather, lies in his statement: among those you provide for; the grandfather provides for his young grandchild, so zakat al-fitr is due upon him, for the fitr follows maintenance, and whoever owes a person's maintenance owes his fitr.
As for reason: on one hand, the analogy of the grandfather with the buyer of a slave, through the common factor of the transfer of guardianship in both: the buyer acquired the slave's guardianship by purchase, and the grandfather acquired the orphan's guardianship from the father; the buyer owes zakat al-fitr for his slave; the grandfather therefore owes zakat al-fitr for the orphan. On the other hand, zakat al-fitr follows maintenance: whoever owes another's maintenance owes zakat al-fitr for him; the orphan's maintenance is due upon the grandfather, therefore zakat al-fitr for him.
Indeed, in the father's absence the grandfather stands in the father's place; his guardianship over the orphan in the father's absence equals the father's, which is a complete guardianship, and he provides for him: the cause is thus established in his right.
The second opinion: zakat al-fitr for the orphan without wealth, under his grandfather's care, is not obligatory upon the grandfather. This is the narration of the original text (Al-Asl) among the Hanafis. Al-Kasani reported the same question again, and Muhammad mentioned in Al-Asl that he does not pay. It is stated in Al-Asl of ash-Shaybani: I said: What do you think of a man with whom is his son's young child, in his care, whose father is alive or dead: must he pay the charity of breaking the fast for them? He answered: No. As-Sarakhsi said: The grandfather does not pay for his other young dependents, even if they are in his care. It was proven by the fact that the grandfather's guardianship is not a complete and absolute one, but restricted: it is established only on condition of the father's absence, and resembles the executor's guardianship; the executor owes no zakat payment, and likewise the grandfather. Ibn al-Humam said: There is no firm resolution except by preferring the narration of al-Hasan: the charity of breaking the fast of these children is due upon the grandfather.
The third question: zakat al-fitr for one whose maintenance someone bears voluntarily, like the orphan without wealth under the care of a supporter who assumes his burden voluntarily. This question covers the orphan and others: for any person whose maintenance a third party bears voluntarily, the disagreement is the same. The scholars differed: two opinions. The first: zakat al-fitr for the orphan without wealth is not obligatory upon the one who voluntarily bears his maintenance. This is the view of the mass of scholars. Ibn al-Humam said: If he is a minor and [the supporter] has no legal guardianship over him, he owes no payment for him, by consensus.
Imam an-Nawawi said: If a person voluntarily bears the maintenance of a person with no family tie, his fitr does not bind him, without disagreement among us; Malik, Abu Hanifa and Dawud said so. Ibn Qudama said: Abu al-Khattab chose that neither his burden nor his fitr binds him, since he does not maintain him [by obligation]; this is the view of most scholars, and it is the sound one, Allah willing. Ibn Hubayra said: They agreed that zakat al-fitr does not bind him for the one whose maintenance he bears voluntarily, except Ahmad, who said: if one voluntarily bears the maintenance of a Muslim person, his zakat binds him.
They proved it by reason, in two ways. One: zakat al-fitr is due in consequence of maintenance; whoever's maintenance is obligatory upon another, his zakat al-fitr is due upon him; the orphan's maintenance is not obligatory upon the one who voluntarily bears it, so his fitr is all the more not due. Two: the cause of the obligation of zakat al-fitr for another is the maintenance burden and guardianship; the voluntary bearer of the orphan's burden has no guardianship over him; zakat al-fitr is therefore not due upon him for him.
The second opinion: zakat al-fitr for the orphan without wealth, under the care of a volunteer, is obligatory upon the one who voluntarily bears his maintenance. This is a narration from Imam Ahmad chosen by most of his companions. Ibn Qudama said: If one voluntarily bears a person's burden during the month of Ramadan, most of our companions hold the fitr obligatory upon him, and Ahmad stated it explicitly, according to the narration of Abu Dawud, concerning the one who takes an orphan girl into his care: he pays for her. The Hanbalis proved it by the hadith of Ibn Umar, may Allah be pleased with them both:
The Messenger of Allah (peace and blessings of Allah be upon him) ordered the charity of breaking the fast to be paid for the young and the old, the free person and the slave, among those you provide for.Hadith previously cited
The meaning of this hadith: it contains the command to pay the charity of breaking the fast for the one who provides for another; and the one who voluntarily supports an orphan is included; therefore zakat al-fitr for the orphan is obligatory upon the one who voluntarily bears his maintenance. And by the analogy of the orphan with the slave, through the common factor of expenditure in both: the slave's fitr is due upon his master; the orphan's fitr is therefore due upon the one who voluntarily bears his maintenance (Al-Mughni, 4/55). Ibn Qudama nonetheless interpreted Ahmad's statement as a recommendation, not an obligation: Ahmad's statement here is interpreted as recommendation, not obligation; and the hadith is interpreted for the one whose burden binds him, not for the burden as such (Al-Mughni, 4/55).