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Can funds from a senile grandmother’s account be used for religious obligations?

Answered as per Hanafi Fiqh by Muftisays.com
My grand mother is 75 years old. She is senyl i.e. she cannot conversate. She does not understand when anyone speaks with her. She has lost her memory, she cannot even recognise her own children. She has lots of money from pension,etc.

-I would like to know if it is permissible to take out money from her account to do her Qurbani
– Is zakat wajib on her? Can you just take out her money to pay her own zakat?
– Is salat compulsory on her? If so, is it necessary o take out fidya from her money for all the salat and rozas she missed. (she is in this condition for nearly 2 years )

Answer
In the Name of Allah, the Inspirer of Truth.
Assalamu Alaikum Warahmatullahi Wabarakatuh

May Allah grant your grandmother a complete recovery.

According to what you have told us, your grandmother is acutely senile, and if she would not be aware of her surroundings, hence none of the Islamic junctions are compulsory on her. The “pen is lifted” as it were, that is to say, she is not “mukallaf” obliged to carry out the injunctions of Deen. In that case, Salaah, Qurbani or any other injunction is not binding on her, or the Qadha there of. Fidya would not be payable.

If the condition improves or is removed, then all these injunctions would become obligatory for her again, however she would not need to make up any she missed during the time she was unable to.

And Allah knows Best
Wa Alaykumussalaam Wa Rahmatullahi Wa Barakatuh
www.foodguide.org.uk

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(Mufti) Abdullah Patel
Halal Food Guide

Original Source Link

This answer was collected from MuftiSays.com, based in London (UK). It is one of the fruits of Darul Uloom London. Many ‘ulama are involved in answering the Q&A on the site, including: Shaikul Hadeeth Mufti Umar Farooq Sahib, Mufti Saifur Rahman Sahib, Mufti Abdullah Patel Sahib, Maulana Qamruz Zaman Sahib, Mufti Abu Bakr Karolia Sahib.

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