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Text and translation
English translation
641. 'Amr bin Shu'aib narrated from his father, from his grandfather that the Prophet ﷺ addressed the people and said: "As for one who is the guardian of an orphan who has wealth, then let him do business with it and not leave it until it becomes consumed by charity." (Da'if)
Abū 'Eisā said: This Hadīth was only reported through this route, and there is some criticism of its chain because Al-Muthanna bin Aṣ-Ṣabbāh was considered weak in Hadīth. Some of them reported this Hadīth from 'Amr bin Shu'aib that 'Umar bin Al-Khaṭṭāb, mentioned this Hadīth.
The people of knowledge differ over this topic. More than one of the Companions of the Prophet ﷺ held the view that there was Zakāt due on the wealth of the orphan. Among them are 'Umar, 'Alī, 'Aīshah, and Ibn 'Umar. This is the saying of Mālik, Aṣh-Shāfi'ī, Aḥmad and Iṣhāq.
A group of the people of knowledge said that there is no Zakāt on the orphan's wealth. This is the view of Sufyān Ath-Thawrī and 'Abdullāh bin Al-Mubārak.
'Amr bin Shu'aib is Ibn Muḥammad bin 'Abdullāh bin 'Amr bin Al-'Aṣ. Shu'aib heard from his grandfather 'Abdullāh bin 'Amr. Yahya bin Sa'eed criticized the narrations of 'Amr bin Shu'aib
and said: "He is feeble." Those who considered him weak only said that because he narrated from the scroll of his grandfather 'Abdullāh bin 'Amr.
As for the majority of the people of Hadīth, they use the narrations of 'Amr bin Shu'āib for proof and considered him trustworthy, among them are Aḥmad, Iṣhāq and others.
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Commentary
Although this narration, regarding the Zakāt due from the property of an orphan child is weak, yet its view is supported by the verdicts of various Companions. The order of paying the Zakāt is given to the guardian, not the child.
