﷽
*Surah An-Nisa, Verse 5:*
وَلَا تُؤْتُوا السُّفَهَاءَ أَمْوَالَكُمُ الَّتِي جَعَلَ اللَّهُ لَكُمْ قِيَامًا وَارْزُقُوهُمْ فِيهَا وَاكْسُوهُمْ وَقُولُوا لَهُمْ قَوْلًا مَّعْرُوفًا
And give not unto the foolish your property which Allah has made a means of support for you, but feed and clothe them therewith, and speak to them words of kindness and justice.
*COMMENTARY*
This applies to orphans, but the wording is perfectly general, and defines principles like those of Chancery in English Law and the Court of Wards in Indian Law. Property has not only its rights but also its responsibilities. The owner may not do just what he likes absolutely; his right is limited by the good of his family of which he is a member, and if he is incapable of understanding it, his control should be removed. This does not mean that he is harshly dealt with. On the contrary his interest must be protected, and he must be treated with special kindness because of his incapacity.
Your property: Ultimately all property belongs to Allāh, and is intended for the support of his close relations. It is held in trust by a particular individual. If he is incapable, he is put aside but gently and with kindness. While his incapacity remains, the duties and responsibilities devolve on his guardian even more strictly than in the case of the original owner: for he may not take any of the profits for himself unless he is poor, and in that case his remuneration for his trouble must be on a scale that is no more than just and reasonable.
﷽
*Surah An-Nisa, Verse 6:*
وَابْتَلُوا الْيَتَامَىٰ حَتَّىٰ إِذَا بَلَغُوا النِّكَاحَ فَإِنْ آنَسْتُم مِّنْهُمْ رُشْدًا فَادْفَعُوا إِلَيْهِمْ أَمْوَالَهُمْ وَلَا تَأْكُلُوهَا إِسْرَافًا وَبِدَارًا أَن يَكْبَرُوا وَمَن كَانَ غَنِيًّا فَلْيَسْتَعْفِفْ وَمَن كَانَ فَقِيرًا فَلْيَأْكُلْ بِالْمَعْرُوفِ فَإِذَا دَفَعْتُمْ إِلَيْهِمْ أَمْوَالَهُمْ فَأَشْهِدُوا عَلَيْهِمْ وَكَفَىٰ بِاللَّهِ حَسِيبًا
And try orphans (as regards their intelligence) until they reach the age of marriage; if then you find sound judgement in them, release their property to them, but consume it not wastefully, and hastily fearing that they should grow up, and whoever amongst guardians is rich, he should take no wages, but if he is poor, let him have for himself what is just and reasonable (according to his work). And when you release their property to them, take witness in their presence; and Allah is All-Sufficient in taking account.
*COMMENTARY*
The age of marriage is the age when they reach their majority.
It is good to take human witnesses when you faithfully discharge your trust; but remember that, however fully you satisfy your fellow-men when you give your account to them, there is a stricter account due from you to Allāh (Sub-haanahu wata'aala). If you are righteous in Allāh's eyes, you must follow these stricter standards.
*Surah An-Nisa, Verse 5:*
وَلَا تُؤْتُوا السُّفَهَاءَ أَمْوَالَكُمُ الَّتِي جَعَلَ اللَّهُ لَكُمْ قِيَامًا وَارْزُقُوهُمْ فِيهَا وَاكْسُوهُمْ وَقُولُوا لَهُمْ قَوْلًا مَّعْرُوفًا
And give not unto the foolish your property which Allah has made a means of support for you, but feed and clothe them therewith, and speak to them words of kindness and justice.
*COMMENTARY*
This applies to orphans, but the wording is perfectly general, and defines principles like those of Chancery in English Law and the Court of Wards in Indian Law. Property has not only its rights but also its responsibilities. The owner may not do just what he likes absolutely; his right is limited by the good of his family of which he is a member, and if he is incapable of understanding it, his control should be removed. This does not mean that he is harshly dealt with. On the contrary his interest must be protected, and he must be treated with special kindness because of his incapacity.
Your property: Ultimately all property belongs to Allāh, and is intended for the support of his close relations. It is held in trust by a particular individual. If he is incapable, he is put aside but gently and with kindness. While his incapacity remains, the duties and responsibilities devolve on his guardian even more strictly than in the case of the original owner: for he may not take any of the profits for himself unless he is poor, and in that case his remuneration for his trouble must be on a scale that is no more than just and reasonable.
﷽
*Surah An-Nisa, Verse 6:*
وَابْتَلُوا الْيَتَامَىٰ حَتَّىٰ إِذَا بَلَغُوا النِّكَاحَ فَإِنْ آنَسْتُم مِّنْهُمْ رُشْدًا فَادْفَعُوا إِلَيْهِمْ أَمْوَالَهُمْ وَلَا تَأْكُلُوهَا إِسْرَافًا وَبِدَارًا أَن يَكْبَرُوا وَمَن كَانَ غَنِيًّا فَلْيَسْتَعْفِفْ وَمَن كَانَ فَقِيرًا فَلْيَأْكُلْ بِالْمَعْرُوفِ فَإِذَا دَفَعْتُمْ إِلَيْهِمْ أَمْوَالَهُمْ فَأَشْهِدُوا عَلَيْهِمْ وَكَفَىٰ بِاللَّهِ حَسِيبًا
And try orphans (as regards their intelligence) until they reach the age of marriage; if then you find sound judgement in them, release their property to them, but consume it not wastefully, and hastily fearing that they should grow up, and whoever amongst guardians is rich, he should take no wages, but if he is poor, let him have for himself what is just and reasonable (according to his work). And when you release their property to them, take witness in their presence; and Allah is All-Sufficient in taking account.
*COMMENTARY*
The age of marriage is the age when they reach their majority.
It is good to take human witnesses when you faithfully discharge your trust; but remember that, however fully you satisfy your fellow-men when you give your account to them, there is a stricter account due from you to Allāh (Sub-haanahu wata'aala). If you are righteous in Allāh's eyes, you must follow these stricter standards.
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