Is Gifting All One’s Money to a Non-Baligh Child Valid?

Answered by Mawlana Ilyas Patel

Question

If a baligh cousin of a non-baligh child says to the non-baligh child, “I give you all my money” or “I gave you all my money,” then does the money of the baligh cousin become the property of the non-baligh child?

Is the father, while alive, the sole legal guardian of a non-baligh child? If not, who are the other legal guardians of a non-baligh child?

Answer

In the Name of Allah, the Most Merciful and Compassionate.

I hope you are in good health, in sha Allah.

If a mature (baligh) cousin gives money to a non-mature (baligh) child of an understanding age, the giver’s intention determines whether it is a gift solely to the child or for the child’s parents to use, with ownership and possession given.

The father is the child’s sole guardian while alive, then the grandfather, and so on.

Spread the Love by Giving to Others

Abu Huraira (Allah be pleased with him) reported: The Prophet (Allah bless him and give him peace) said, “Give each other gifts, and you will love each other.” [Bukhari, Al-Adab al-Mufrad]

If a gift was given to the child’s parents for the ‘use of the child’, the gift belongs to the parents. In that case, the parents may use it as they wish. However, the parents should use it for the child’s benefit.

If the gift was given to the child as the ‘child’s gift,’ it belongs to the child. The parents cannot do as they wish with the child’s gift.

In that case, the gift must be for the child’s sole use, purpose, and benefit. [Al-Astroshni, Ahkam al-Sighar]

Considerations are Given to Intentions

Considerations in contracts and transactions focus on intentions and meanings, not on words and forms.

It is best for family members to clarify their intentions when gifting to avoid misunderstandings. Likewise, a child’s wealth should be handled with trust and care, as they are responsible before Allah.

[Mawlana] Ilyas Patel
Checked and Approved by Shaykh Faraz Rabbani

And Allah knows best.

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Mawlana Ilyas Patel has received traditional education in various countries. He started his schooling in the UK and completed his hifz of the Quran in India. After that, he joined an Islamic seminary in the UK, where he studied secular and Aalimiyya sciences. Later, he traveled to Karachi, Pakistan, and other Middle Eastern countries to further his education. Mawlana has served as an Imam in the Republic of Ireland for several years and taught the Quran and other Islamic sciences to both children and adults. He also worked as a teacher and librarian at a local Islamic seminary in the UK for 12 years. Presently, he lives in the UK with his wife and is interested in books and gardening.