Does the father have to pay zakaat al-fitr on behalf of his children if they live with their mother?

Does the father have to pay zakaat al-fitr on behalf of his children if they live with their mother?.

Praise be to Allaah.

Firstly:

Zakaat al-Fitr is an act of worship that the Muslim is obliged to perform by himself or through his deputy or proxy. This has been discussed in the answer to question no. 99353

Based on that, the husband is not obliged to pay zakaat al-fitr on behalf of his wife or his parents. But in the case of his children, if they are adults of sound mind, he does not have to pay zakaat al-fitr on their behalf either, whether they are rich or poor. But if they are still minors, if they have their own wealth then they should pay zakaat al-fitr from their wealth; if they do not have any wealth then zakaat al-fitr should be paid on their behalf by their father, even if they are in the mother’s custody. 

He forgot to pay zakaat al-fitr before the Eid prayer

What is the ruling on one who forgets to pay zakaat al-fitr and does not remember until after the Eid prayer?.

Praise be to Allaah.

There is no sin on him because he is excused for his forgetfulness, but he has to pay it when he remembers it.

Shaykh ‘Abd al-‘Azeez ibn Baaz (may Allah have mercy on him) was asked about someone who forgot to pay zakaat al-fitr on time, and he replied:

There is no doubt that the Sunnah is to pay zakaat al-fitr before the Eid prayer, as enjoined by the Prophet (blessings and peace of Allah be upon), but there is nothing wrong with what you did; paying it after the prayer is acceptable, praise be to Allah. Even though it says in the hadeeth that it is ordinary charity, that does not necessarily mean that it is not valid and was not done appropriately. So we hope that it will be acceptable and be regarded as proper zakaah, because you did not delay it deliberately; rather you delayed it because you forgot, and Allah, may He be glorified and exalted, says in His Book (interpretation of the meaning): “Our Lord! Punish us not if we forget or fall into error” [al-Baqarah 2:286]. And it is proven that the Prophet (blessings and peace of Allah be upon him) said: “Allah, may He be glorified and exalted, says: I will do that.” So He has answered the prayer of His believing slave not to punish them if they forget or fall into error. 

Should he pay zakaat al-fitr on behalf of an orphan on whom he is spending?

If people are taking care of an orphan, do they have to pay zakaat al-fitr on his behalf?.

Praise be to Allaah.

Firstly:

If this orphan has wealth, such as inheritance or charity that is given to him, then his zakaat al-fitr should be paid from his wealth. Al-Nawawi (may Allah have mercy on him) said: … As for the orphan who has wealth, his zakaat al-fitr should be paid from his wealth, in our opinion. This is the view of the majority, including Maalik, al-Awzaa‘i, Abu Haneefah, Abu Yoosuf and Ibn al-Mundhir.

End quote from al-Majmoo‘, 6/109

But if he does not have any wealth, rather it is you who are spending on him and providing what he needs, then you do not have to pay zakaat al-fitr on his behalf, because zakaat al-fitr is only obligatory upon the one who is obliged to spend on him. As for the one who is not obliged to spend on him but is doing so voluntarily, he is not obliged to pay zakaat al-fitr on his behalf. 

He cannot find anyone who is entitled to zakaat al-fitr

If a Muslim cannot find anyone around him who is entitled to zakaat al-fitr in order to give it to him, what should he do? What is the ruling if he leaves it until after Eid prayer?.

Praise be to Allaah.

Zakaat al-fitr was enjoined by Allah, may He be glorified and exalted, on the lips of His Messenger Muhammad (blessings and peace of Allah be upon him), upon men and women, young and old, free and slave. The Prophet (blessings and peace of Allah be upon him) instructed that it be paid before the people go out for Eid prayer. The one who cannot find any poor people around him has to send it to other poor people in neighbouring villages or towns, and he should hasten to pay it before Eid prayer. He does not have the right to delay it until after Eid prayer, because this is contrary to the instructions of the Prophet (blessings and peace of Allah be upon him). 

Is paying zakaat al-fitr obligatory for someone who only prayed on the last day of Ramadan and did not fast?

There is a person who did not pray or fast, but the last day of Ramadan Allah guided him, and he prayed and fasted. Does he have to pay zakaat al-fitr? If he did not pay it what should he do?.

Praise be to Allaah.

In the answer to question no. 2182 we stated that the one who does not pray is a kaafir, whether he does not pray out of carelessness and laziness or because he denies it is obligatory.

If Allah guides a person (to Islam) before sunset on the last day of Ramadan, he has to pay zakaat al-fitr, regardless of whether he caught up with the fast or not, because of the hadeeth of Ibn ‘Umar (may Allah be pleased with him) who said: The Messenger of Allah (blessings and peace of Allah be upon him) enjoined the sadaqah of Ramadan upon the people, a saa‘ of dates or a saa‘ of barley, upon every person, free or slave, male or female, among the Muslims.

He become Muslim on the last day of Ramadaan – does he have to pay zakaat al-fitr?

If a person becomes Muslim on the last day of Ramadaan, does he have to pay sadaqat al-fitr?.

Praise be to Allaah.

Yes, he has to pay sadaqat al-fitr, because he is now one of the Muslims, and in the hadeeth of Ibn ‘Umar (may Allaah be pleased with him) it says that the Prophet (peace and blessings of Allaah be upon him) enjoined zakaat al-fitr, a saa’ of dates, or a saa’ of barley, upon all the Muslims, slave and free, male and female, young and old. End quote.

Shaykh Ibn ‘Uthaymeen (may Allaah have mercy on him). 

A son is well-off but his father still wants to give zakaat al-fitr on his behalf

Some fathers want to give zakaat al-fitr on behalf of their sons even though the sons may be well-off. What should a son do?

Praise be to Allaah.

So long as the son is well-off, he should give zakaat al-fitr on his own behalf. If his father gives zakaat al-fitr on his behalf there is nothing wrong with that, especially if the father is accustomed to giving zakaat al-fitr on behalf of his children every year even though they are grown up and working. He may like to continue doing what he is used to doing, and it may upset the father if his son tells him “Don’t give zakaat on my behalf.” So the son should give his father the opportunity to give zakaat on his behalf, and he should also give it on his own behalf. Some people consider the father’s continued giving of zakaat on behalf of his children to be a continuation of his connection to his children and a sign that they are still under his authority and care, so the son should let his father do what makes him happy. We ask Allaah to put right the affairs of us all.

Should zakaat al-fitr be given to one person, or distributed among several?

Is zakaat al-fitr for one person and cannot be distributed among several?.

Praise be to Allaah.

It is permissible to give zakaat al-fitr on behalf of one person to one person, and it is also permissible to distribute it among a number of people.

And Allaah is the Source of strength. 

Is the zakaat al-fitr that his father paid on his behalf in cash acceptable?

My father pays zakaat al-fitr on behalf of me and my siblings every year in cash, based on the fatwas of some of the scholars. I have tried repeatedly on many occasions to convince him that this view is not the most correct one, because according to the the majority of scholars, zakaat al-fitr must be paid in the form of the things mentioned in the hadeeths, but he is not convinced. Should I pay zakaat al-fitr on behalf of myself as it is stated in the hadeeth? 
Please note that I am still a student at University and my wealth is what I have saved from the money that my father gives me for my needs.

Praise be to Allaah.

Paying zakaat al-fitr in cash is not acceptable according to the majority of scholars, because the Prophet (blessings and peace of Allah be upon him) enjoined that it be given in the form of the local staple food, and it is not known that he or any of his Companions gave it in the form of money.

Al-Nawawi said in al-Majmoo’ (6/113):

It is not acceptable to pay the cash value of zakaat al-fitr in our view. This was also the view of Maalik, Ahmad and Ibn al-Mundhir.

Abu Haneefah said: It is permissible. This was narrated by Ibn al-Mundhir from al-Hasan al-Basri, ‘Umar ibn ‘Abd al-‘Azeez and al-Thawri.

He said: And Ishaaq and Abu Thawr said that it is not acceptable except in case of necessity. End quote. 

Paying one saa’ of two different foodstuffs as zakaat al-fitr

Is it permissible to pay one saa’ of different types of foodstuffs as zakaat al-fitr, i.e., instead of 3 kg of one type, it is 1 kg each of 3 different types?.

Praise be to Allaah.

The fuqaha’ differed concerning the ruling on paying zakaat al-fitr in the form of a saa’ that contains two or more types of foodstuffs. There are two opinions:

1.

The first opinion is that it is not valid and is not acceptable. This is the view of the Shaafa’is and of Ibn Hazm al-Zaahiri (the literalist), as they adhered to the apparent meaning of the texts which stated that zakaat al-fitr is one saa’ of a specific type of foodstuff; so if a person gives half a saa’ of one type and the other half of a different type, this is not in accordance with what is mentioned in the text.

Al-Nawawi said in al-Majmoo’ (6/98-99):

Al-Shafaa’i and al-Shirazi and all our companions said: it is not acceptable to give as one zakaat al-fitr a saa’ of two types (of foodstuff)… just as it is not acceptable in the case of expiation for breaking an oath (kafaarat yameen) to clothe five poor persons and feed five, because it is enjoined to give a saa’ of wheat or barley or something else, and by doing this, he has not given one saa’ of any of them, just as it is enjoined to feed ten poor persons or to clothe them, and if he does five and five as mentioned above, then he has not fed ten or clothed ten. This is our point of view. End quote.

See: Mughni al-Muhtaaj, 2/118; Tuhfat al-Muhtaaj, 3/323.

Ibn Hazm said in al-Muhalla (4/259):

It is not acceptable to pay part of the saa’ in the form of wheat and part in the form of dates, because in both cases it is something other than what was enjoined by the Messenger of Allah (blessings and peace of Allah be upon him). End quote.