Subject of Responsibility of Zakat on the Wealth of a Child and the Insane

প্রশ্ন · Question

Assalamu alaikum, the following sentence was mentioned in the book
Usul al -Fiqh: "It should not be said here that Allah has obliged the
Zakat, provision [Nafaqah], and liabilities [Damanaat] upon the child
and the insane and so therefore they are legally responsible [Mukallaf]
because they have been made responsible for some of the legal rulings.
This is not correct because these obligations are not connected to the
act of the child or the insane rather they are connected to their wealth

and liability [Dhimmah]. Their wealth and liability are the subject of
responsibility, not the child or insane themselves. This is clear by the
fact that the lifting of the pen is specified by a clear limit, "until he
becomes mature", and "until he becomes sane", and this benefits the
derivation of an effective cause [I'llah], which is the physical
immaturity, and the insanity, and these have no relevance to money
and debt, hence they are not an exception to the rule".
Question: What does "Their wealth and liability are the subject of
responsibility" mean?

উত্তর · Answer

Wa Alaikum Assalam wa Rahmatullahi wa Barakatuh,
The text that you mentioned in your question may be overlapped with
words no longer clear; as stated in The Islamic Personality - Volume III
page 35 (Arabic edition) as follows: "It should not be said here that
Allah has obliged the Zakat, provision [Nafaqah], and liabilities
[Damanaat] upon the child and the insane and so therefore they are
legally responsible [Mukallaf] because they have been made
responsible for some of the legal rulings. This is not correct because
these obligations are not connected to the act of the child or the insane
rather they are connected to their wealth and liability [Dhimmah].
Their wealth and liability are the subject of responsibility, not the child
or insane themselves. This is clear by the fact that the lifting of the pen
is specified by a clear limit, "until he becomes mature", and "until he
becomes sane", and this benefits the derivation of an effective cause
[I'llah], which is the physical immaturity, and the insanity, and these
have no relevance to money and debt, hence they are not an exception
to the rule." End.
What is meant by the saying "their wealth and liability is the subject of
responsibility" is that responsibility has been linked to their liability and
their wealth and it falls upon them, and was not connected to the act

of the child or the insane. Thus, the obligation of Zakat for the sane
adult is not only connected to his wealth and liability but is connected
to his action as well. So it is an obligation upon him to pay Zakat on his
wealth; in other words he performs the payment of his due Zakat, and
if he does not do then he sins. But for the child and the insane, it is not
an obligation upon them to pay their due Zakat because they are not
legally responsible [Mukallaf]. So the Shariah does not impose any
obligations on them, but has only obliged on their wealth and liability
the Zakat, since there exist for them wealth and liability. So the
Obligation here is focused upon the Zakat of the wealth and on its
necessity on the one liable and is not focused on their act as they are
not made responsible to pay Zakat albeit it is due on their wealth and
liability. The one who is liable to pay Zakat on their wealth is their
guardian (Wali') or his representative. Therefore, if they did not give
Zakat they are not sinning becaus e they are not made responsible, but
the sin, if occurs, will fall upon the one who takes care of their affairs.
Your brother,
Abu Yasin