Is it permissible for a guardian to make the sacrifice (Udhiyah) on behalf of an orphan using the orphan's own wealth?
General Chapter
Al-Mughni
Book of Sacrifices (Uḍḥiyah)
Primary text
The opinion that prohibits the guardian from making the sacrifice on behalf of the orphan from the orphan's money is ascribed to the school of Shafi'i. The reasoning is that this constitutes spending the orphan's wealth without receiving consideration, similar to voluntary charity or a gift, and is thus impermissible. Conversely, it is ruled permissible for the guardian to perform the sacrifice for the orphan if the orphan is financially secure. This is the view held by Abu Hanifa and Malik. Malik argued that if the orphan possesses significant wealth, a sheep sacrifice can be made from the orphan's funds, analogizing it to the obligatory charity (Zakat al-Fitr), which is permissible to be paid from the orphan's wealth as an expenditure related to the Eid day. This action is justified as a means of providing ease, pleasing the heart of the orphan, and involving them in the practices of their peers, similar to purchasing fine clothes or good food for them.
Supporting text
A distinction can be drawn based on the orphan's comprehension: the prohibition applies when the orphan is an infant who cannot appreciate the sacrifice or benefit from the joy it brings, making the expenditure fruitless. The permission applies when the orphan understands the act, and their heart is comforted by it, while being distressed by its omission. Furthermore, if the sacrifice is performed, the guardian must not give away any part of the sacrificed meat as voluntary charity, as it is impermissible to spend the orphan's money voluntarily on charity.