Answered by Sidi Suheil Laher
I have a little toddler, mA, and often family/ friends, when they see her for the first time or visit us, will leave some money as a gift for her/ for seeing her. Unfortunately, this money lives in my purse and gets spent on our daily expenses before it gets to her saving account. Of course, I also spend on her, but not necessarily from this money- I spend from my own/ my husband’s means. Am I accountable for this money and do I need to calculate and return this sum to her savings, or can I see this as a gift to us and not worry as I support her maintenance anyway? I do not wish to be accountable before Allah (SWT) and would like your insight.
Answer:
wa`alaykum as-salam wa-rahmatullah
In the Qur’an, we are told (the meaning of which is):
“Indeed, AllÄ�h commands you to render trusts to whom they are due ” [Qur’an, 4:58]
Therefore, if a gift is given to the child, you are responsible for passing it on to the child, i.e. you should hold that same amount of money safely in trust for the child. In the Hanafi school, it is also permissible for you to spend the child’s money on the child’s own essential expenses. [Ghunaymi, al-Lubab ] However, it is not permissible to use the child’s money for your own purposes, unless you are in genuine need (and do not have enough of your own money), in which case you can take what is necessary for your essential needs.
A man came to Abu Bakr (may Allah be well-pleased with him) and said, “My father wants to take all my money for some need.” [Abu Bakr] said to the father, “You may only take from his money what suffices you [for your basic needs].” [The father] said, “O Caliph of Allah’s Messenger! Has not the Messenger of Allah (may Allah bless him and grant him peace) said: ‘You and your money are your father’s?’ [Abu Bakr] said, “Yes [he did], but he means thereby only the basic maintenance (nafaqah). Be pleased with what Allah has approved.” [Narrated by Tabarani, as in I`la al-Sunan]
Therefore, make a point of either setting such money aside immediately, or making a note of the amount so you can deposit it into the child’s account later. It might be helpful to keep a small notebook and pen in your wallet/pocket at all times for this purpose.
And Allah knows best.
-sl