Fatwa no.
18397
All praise be to Allah Alone, and peace and blessings be upon the last Prophet. (Part No. 8; Page No. 232) To proceed:The Permanent Committee for Scholarly Research and Ifta' has studied the letter sent to His Eminence the Grand Mufty by His Highness: the Director of the House of Social Welfare in
Makkah al-Mukarramah.
This letter was sent to the Committee by the Secretariat General of the Council of Senior Scholars under number 4147 and dated 19/8/1416 A.H. In this letter His Highness inquired about the following question:I want to put before Your Eminence the following: I am
Husayn Muhammad Sajiny,
the Director of the House of Social Welfare in
Makkah Al-Mukarramah,
subordinate to the Agency of Social Affairs of the Ministry of Labor, which is dedicated to receiving the elderly who have no supporters.There are about one hundred and fifty cases, in both the male and female departments of this house, who have issues that we cannot but refer to Your Eminence to answer, since they are under our responsibility due to their varied conditions:1-
How should they perform Salah (Prayer)? They are divided into two groups: (a) psychiatric patients; and (b) elderly people who suffer memory loss and some of whom are paralyzed.
Those residents each receive a monthly pension of 150 riyals. Most of them do not use their pensions, which are consequently deposited for them in the bank. Upon the death of any of them, their money goes to Bayt-ul-Mal (Muslim treasury). On the other hand, there are some others who (Part No. 8; Page No. 233) spend their pensions on their personal needs. Our question is: Before these sums are transferred into Bayt-ul-Mal, is it permissible to spend from these sums on charitable works within their area according to the instructions of trustworthy, competent specialists? As for those among them who are alive, is it permissible to take some of their money to spend on philanthropic and charitable works? It is worth mentioning that most of them lack the faculties of understanding, speaking, and moving, and they have no heirs.3-
How should they fast Ramadan? How should we feed the poor as a Kaffarah (expiation) on behalf of those who cannot fast? What about those of them who have no money?
4-
Some of the elderly men and women have large sums of money that they are not aware of; does Zakah (obligatory charity) become Wajib (obligatory) on these sums?
These sums have accumulated from their receipt of a monthly pension of 150 SAR. Please advise us, may Allah reward you with the best.
After examining the Fatwa request, the Committee answered:
First,
Salah (Prayer) is Wajib on whoever is sane among them, and they should perform it according to what they are able to do. So they should pray standing up if they are able; if they are unable to do that, then they should pray sitting; if they are unable to do that, then they should pray lying on their side; and if they are unable to do that, then they should pray while lying on their back, where they should first have the intention and make a gesture in place of Ruku` (bowing) and Sujud (Prostration). The evidence for this is the Hadith that was authentically reported form the Prophet (peace be upon him) on the authority of
`Imran ibn Al-Husayn (may Allah be pleased with him and his father).
Second,
as for the pensions drawn by the residents of the house, they are their personal possessions, and it is permissible to dispose of them only after asking their permission. With regard to those of them who are insane, (Part No. 8; Page No. 234) the house should undertake the responsibility of spending on their needs out of their money, and saving what remains for their benefit. If they die and leave behind any money, it takes the ruling of an estate that should be divided among the inheritors according to Shari`ah (Islamic law). The sums should be transferred into Bayt-ul-Mal only if they have no heirs.
Third,
fasting Ramadan becomes Wajib on whoever is able to fast among them. Those who are unable to fast have a Rukhsah (concession) not to fast; if anyone in this category is able to make up for missed days, this becomes Wajib on them and if any of them are unable, they are permitted to feed, as a Kaffarah for each day they miss, a poor person with the local staple food, e.g. About a kilo and a half of rice. This obligation is waived for those who cannot afford this due to poverty, and there is no sin on them.
Fourth,
Those residents should be informed that they have accumulated funds, and that Zakah becomes Wajib on the money of each person if it reaches the Nisab (the minimum amount on which Zakah is due) and a Hawl (one lunar year calculated from the time a property reaches the minimum amount upon which Zakah is due) has passed on it. As for those of them who are insane, it becomes Wajib on those responsible for their money to pay the Zakah due on this money according to Shari`ah.May Allah grant us success. May peace and blessings be upon our Prophet Muhammad, his family, and Companions.
Zakah is due on the...
