(Series of Answers by the Eminent Scholar Ata bin Khalil Abu Al-Rashtah, Ameer of Hizb ut-Tahrir, to the Questions of Visitors to his Facebook Page "Fiqhi")
Answer to a Question
The Subject of Legal Responsibility (Takleef) regarding the Zakat of a Child’s and an Insane Person’s Wealth
To: Hamzeh Shihadeh
Question:
Assalamu Alaikum. The following sentence appeared in the book Usul al-Fiqh: "It is not said that Allah has obligated the child and the insane person with Zakat, maintenance, and liabilities, and that they are therefore mukallaf (legally responsible) because He obligated them with some rulings. This is not said because these obligations are not related to the action of the child or the insane person; rather, they are related to their wealth and liability (dhimmah). Their wealth and liability are the subject of legal responsibility (mahall al-takleef). Furthermore, the 'lifting of the pen' is limited by an explicit end goal: 'until he reaches puberty,' 'until he recovers,' which implies causation (ta'leel). Its cause is youth and the loss of intellect, and this has nothing to do with wealth and liability; therefore, it is not exempted." The question is: What does it mean that his wealth and liability are the subject of legal responsibility?
Answer:
Wa Alaikum Assalam Wa Rahmatullahi Wa Barakatuh,
The text you mentioned in your question has overlapping words and is not clear. As it appears in the book The Islamic Personality (Ash-Shakhsiyyah al-Islamiyyah), Volume 3, page 35, it is as follows:
"It is not said that Allah has obligated the child and the insane person with Zakat, maintenance, and liabilities, and that they are therefore mukallaf (legally responsible) because He obligated them with some rulings. This is not said because these obligations are not related to the action of the child or the insane person; rather, they are related to their wealth and liability (dhimmah). Their wealth and liability are the subject of legal responsibility (mahall al-takleef). Furthermore, the 'lifting of the pen' is limited by an explicit end goal:
حَتَّى يَبْلُغَ
"Until he reaches puberty"
حَتَّى يُفِيقَ
"Until he recovers"
It therefore implies causation, and its cause is youth and the loss of intellect. This has nothing to do with wealth and liability; therefore, it is not exempted." End quote.
The meaning of the statement that his wealth and liability are the subject of legal responsibility (mahall al-takleef) is that the legal responsibility is connected to his liability (dhimmah) and wealth and falls upon them, and it is not connected to the action of the child or the insane person.
The obligation of Zakat for a sane adult is not only related to his wealth and liability but also to his action. It is mandatory for him to pay the Zakat of his wealth—meaning he must personally perform the act of paying the Zakat. If he does not do so, he is sinful. However, the child and the insane person are not obligated to perform the act of paying Zakat because they are not mukallaf (legally responsible); thus, the Sharia has not obligated them with anything. Rather, it has only obligated Zakat within their wealth and liability, as they possess wealth and a legal liability (dhimmah).
In this case, the obligation is directed toward the Zakat within the wealth and the necessity of that within the liability, and it is not directed toward their personal action. Thus, they are not legally responsible for paying the Zakat even though it is obligatory within their wealth and liability. The one who pays the Zakat of their wealth is their guardian or whoever stands in his place. If they do not pay the Zakat, they are not sinful because they are not mukallaf, but the sin, if it occurs, falls upon the one in charge of their affairs.
Your brother, Ata bin Khalil Abu Al-Rashtah
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