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Are those who are deaf and mute accountable, and do they have to do the obligatory duties prescribed in sharee’ah?

Praise be to Allah.

Shaykh ‘Abd al-‘Azeez ibn ‘Abd-Allaah ibn Baaz explained that the child who

is deaf and mute, when he reaches the age of puberty, is considered to be

accountable and expected to fulfil the obligations of prayer, etc. He added

that he may be taught what he needs to know by means of writing or signing,

because of the general meaning of the shar’i evidence which indicates that

these obligations apply to everyone who reaches the age of puberty and is of

sound mind. Puberty is reached at the age of fifteen, or when maniy

(discharge) is emitted as a result of feeling desire in a dream (“wet

dream”) or otherwise, and when coarse hair grows around the private parts.

In the case of women, there is a fourth sign of puberty, which is the onset

of menstrual periods.

The shaykh called upon the guardian of the one who is deaf or mute to pay

zakaah and fulfil other financial obligations on his behalf. He also has to

teach him what he does not know by all possible means so that he will

understand what Allaah requires of him and what Allaah has forbidden for

him.

The shaykh quoted as evidence the words of Allaah (interpretation of the

meaning):

“So keep your duty to Allaah and fear Him as much as you can”

[al-Taghaabun 64:16]

And the hadeeth of the Prophet (peace and blessings of Allaah be upon him):

“If I command you to do a thing, then do as much of it as you can.”

And the shaykh explained that the accountable person who cannot hear or

speak, or who becomes unable to hear or speak, should fear Allaah and keep

his duty towards Him as much as he can by doing that which is enjoined upon

him and abstaining from that which is haraam. He should try to learn as much

of the religion as possible, by watching, writing and signing, so that he

may understand what is required.

Source: IslamQA (Sheikh Muhammed Salih Al-Munajjid)
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