the child, and the mentally disabled person recovers. Ibn Mas'ud said: "Calculate the zakat that is due on the orphan's wealth, and when he reaches puberty, inform him; if he wishes, he may pay the zakat, and if he wishes, he may not." Something similar was narrated from Ibrahim. Al-Hasan, Sa'id ibn al-Musayyib, Sa'id ibn Jubayr, Abu Wa'il, al-Nakha'i, and Abu Hanifah said: Zakat is not obligatory on their wealth. Abu Hanifah said: The tithe (ushr) is obligatory on their crops and fruits, and sadaqat al-fitr is obligatory upon them. They argued for the negation of zakat with his (peace be upon him) saying: "The pen is lifted from three: the child until he reaches puberty, the insane person until he recovers." And that it (zakat) is a purely devotional act (ibadah mahdah), so it is not obligatory upon them, like prayer and Hajj. Our argument is what was narrated from the Prophet (may Allah bless him and grant him peace) that he said: "Whoever is a guardian to an orphan who has wealth, let him trade with it and not leave it until the zakat consumes it." It was reported by al-Daraqutni. Among its narrators is al-Muthanna ibn al-Sabah, and there is criticism regarding him; it was also narrated as a mawquf report attributed to Umar. Sadaqah (zakat) only consumes it by being paid out. It is only permissible to pay it out when it is obligatory, because he (the guardian) is not permitted to give away the orphan's wealth as a voluntary donation. And because he for whom the tithe (ushr) is obligatory on his crop, a quarter of the tithe (rub' al-ushr) is obligatory on his silver/currency, like the adult with full legal capacity. It differs from prayer and fasting, for those are specific to the body, and the child's constitution...