Allah says
وَلَا تَقْرَبُوا مَالَ الْيَتِيمِ إِلَّا بِالَّتِي هِيَ أَحْسَنُ حَتَّى يَبْلُغَ أَشُدَّهُ ﴾ [الأنعام: 152]
And do not approach the orphan's property except in a way that is best, until he attains maturity and manages money well.” [Al-An’am: 152]
Allah says
: ﴿ إِنَّ الَّذِينَ يَأْكُلُونَ أَمْوَالَ الْيَتَامَى ظُلْمًا إِنَّمَا يَأْكُلُونَ فِي بُطُونِهِمْ نَارًا ﴾ [النساء: 10]
: ) Indeed, those who unjustly devour the property of orphans, they eat fire in their stomachs.” [An-Nisa: 10]
When it went down ( And do not approach the orphan's property except in a way that is best, until he attains maturity and manages money well.” [Al-An’am: 152]
And the verse
: ) Indeed, those who unjustly devour the property of orphans, they eat fire in their stomachs.” [An-Nisa: 10]
Whoever had an orphan went and separated his food from his food, and his drink from his drink, so he made something left over or more than the orphan's need, and he kept it for him until he ate it, It was corrupting, and this became severe for the Companions, so they mentioned what happened to the Prophet, peace and blessings be upon him, so God Almighty revealed: } And they ask you about orphans, If you mix with them, then they are your brothers.” [Al-Baqarah: 220] so they mixed their food with their food, and their drink with their drink. Ibn Kathir mentioned it in his interpretation.
قال تعالي
﴿ وَآتُوا الْيَتَامَى أَمْوَالَهُمْ وَلَا تَتَبَدَّلُواالْخَبِيثَ بِالطَّيِّبِ وَلَا تَأْكُلُوا أَمْوَالَهُمْ إِلَى أَمْوَالِكُمْ إِنَّهُ كَانَ حُوبًا كَبِيرًا ﴾ (النساء: 2).
And give orphans their money, and do not exchange the bad for the good, and do not eat up their wealth into your wealth, Indeed, it was a great sin.” (An-Nisa: 2).
Who is the orphan?
He who lost his father, and he who lost his mother as well, was an orphan of two parents, like the Prophet, may God’s prayers and peace be upon him, an orphan boy; That is: single from his father, and the loss of the father over the children is severe; Because he is their provider, and the reason for obtaining their sustenance, feeding them and clothing them, In bearing the burdens of their upbringing, he bears all responsibility for them, In the honorable hadith
((And the father is a shepherd in his house, and he is responsible for his flock))
Losing him causes a defect in the house that cannot be remedied, but alleviating the orphan’s needs is the presence of a sufficient person or a guardian, He takes the place of the father in taking care of this orphan, and preserving his money until he reaches his maturity, and there is a great reward for that.
The reward for sponsoring an orphan
In Hadith Sharif
((I and the one who takes care of an orphan will be in Paradise, like this, and he pointed with his forefinger and middle finger, making space between them.
On the authority of Abu Hurairah, he said
The Messenger of God, may God’s prayers and peace be upon him, said: “The one who guaranties an orphan, for himself or for someone else, He and I are like these two in Paradise)) He pointed with his forefinger and middle finger, meaning: ((for him or for someone else)); ie: his relative, or a foreigner from him.
Who is their guardian?
The guardian is the one for whom the father has bequeathed, whether the guardian is a relative such as the mother, or uncle or grandfather or others.
- If they have money - he spends on them from their money, and he must dispose of their money in the best way that benefits them, It was stated in Al-Rawd Al-Murabba’: The guardian of one of them does not dispose of any of them except by the most important, For the Almighty says: And do not approach the orphan's property except with best way)
A summary of what the jurists mentioned regarding what the guardian does with the orphan’s money is that he disposes of it in four ways
1- Preserving the assets of his funds
2 - Fruiting and developing its branches
And he does not guarantee what he lost if he did not neglect it. Ibn Qudamah said: The trustee trades with the orphan’s money, There is no guarantee on it, and the profit It's all for the orphan... Ah.
3- Spending on him from it, as the people of righteousness in society are familiar with
4- Taking out the rights related to his money
Like zakat, and this is explained in the books of jurisprudence with many ramifications, and see Fatwa No.: 44806,
On how the guardian should act in managing the funds of orphans, and Fatwa No.: 28545, in determining who handles the funds of minors and the incapacitated.
Who is obligated to spend on an orphan?
The one who is obligated to support the orphan children after the death of their father is every relative, heir to them by imposition or agnate, he has surplus from the expense of himself
The imposition
The estimated share, which is not reduced except by counting, is a decrease in the shares of those with hypotheses.
percentage of their assignments
If the arrows are more than the origin of the issue)) and it does not increase except by response (an increase in the shares of those with hypotheses, by the percentage of their hypotheses, if the principal of the matter exceeds the sum of its shares.
Al - Taseeb
It is the share that is not estimated according to Shari’ah, and it is: the agnate gets what is left of the money after the owners of the hypotheses,
The Imposing
And if he has more than one relative like a
Mother
brother
Their spending on all of them is as much as their inheritance from those children
Ibn Qudamah said in Al-Mughni
In sum, if the boy has no father, then the maintenance is on his heir, and if he has two heirs, spending on them is according to their inheritance from him, and if there are three or more, then the maintenance between them is according to the proportion of their inheritance from him, If he had a mother and a grandfather, then the mother owes one-third, and the rest is on the grandfather, because they inherit him likewise, and this is what Abu Hanifa said... Ah, and see Fatwa No.: 44020, on the doctrines of jurists in the provisions of the maintenance of assets, branches and relatives, likewise, Fatwa No. 124760, on the conditions for the obligation of maintenance for relatives.
Does an orphan take zakat money?
He said come in the verse of Zakat
إِنَّمَا الصَّدَقَاتُ لِلْفُقَرَاءِ وَالْمَسَاكِينِ وَالْعَامِلِينَ عَلَيْهَا وَالْمُؤَلَّفَةِ قُلُوبُهُمْ وَفِي الرِّقَابِ وَالْغَارِمِينَ وَفِي سَبِيلِ اللَّهِ وَابْنِ السَّبِيلِ فَرِيضَةً مِنَ اللَّهِ وَاللَّهُ عَلِيمٌ حَكِيمٌ ﴾ [التوبة: 60].
Alms are only for the poor and the needy, and those who collect them, and those whose hearts are to be reconciled, and to free those in debt, and in the cause of God, And the wayfarer is an obligation from God, and God is the Knowing, the Wise.” [At-Tawbah: 60].
He did not mention the orphan to be orphaned, because he may be rich and self-sufficient with what his father left him, If he was poor or needy, or his father left debts, and so it is permissible to give a share of the zakat.
Exception 1
It is permissible for the guarantor to pay the zakat of his money on the next of the orphans
On the authority of Ibrahim, on the authority of Ibn Masoud, who said
A woman asked him about her jewelry, on which zakat should be paid? He said: “If it reaches two hundred dirhams, pay the zakat on it, She said: (I have orphans under my care, should I hand him over to them?) He said: “Yes.”
On the authority of Abd al-Khaliq al-Basri, he said: I asked Saeed bin al-Musayyib about zakat, He said
(As for me, I give it to the orphan and the needy, he is dearer to me). The money belongs to Ibn Zanjaweh
Al-Bukhari, may God have mercy on him, included a chapter in his Sahih and said: “Chapter on Zakat on the Husband and Orphans in cuddling
And a leg with his support about
Zainab - the wife of Abdullah, may God be pleased with them both, said: I was in the mosque, and I saw the Prophet, may God’s prayers and peace be upon him, and he said: “Give alms even from jewelry.” Zainab used to spend on Abd Allah - her husband - and orphans in her lap, he said: She said to Abdullah: (Ask the Messenger of God, may God’s prayers and peace be upon him: Is it sufficient for me to spend on you and orphans - my nephews who are under my guardianship - from charity? He said: (Ask you are the Messenger of God, may God’s prayers and peace be upon him) so I went to the Prophet, may God bless him and grant him peace, and found a woman from the Ansar at the door, Her need is like mine, so Bilal passed by us and we said: (Ask the Prophet, may God’s prayers and peace be upon him, is it sufficient for me to spend on my husband and orphans under my guardianship? and we said: (Don't tell us), so he entered and asked him, and he said: “Which of them? He said: (Zainab). He said: “Which of the Zaynabs? He said: (Abdullah's wife). He said: “Yes, it has two rewards, the reward of kinship and the reward of charity, Narrated by Al-Bukhari.
Exception 2
The presence of orphans is the division of inheritances that do not belong to them
ِAllah says
( ...وَإِذَا حَضَرَ الْقِسْمَةَ أُولُو الْقُرْبَى وَالْيَتَامَى وَالْمَسَاكِينُ فَارْزُقُوهُمْ مِنْهُ وَقُولُوا لَهُمْ قَوْلًا مَعْرُوفًا ﴾ [النساء: 7، 8].
(...and when the near of kin, orphans, and the needy attended the division, so provide them with some of it, and speak to them kind words.” [An-Nisa: 7, 8]
Sharia urged to give them something when distributing
On the authority of Umm Salamah, she said: I said: (O Messenger of God, Will I be rewarded if I spend on the sons of Abi Salamah, but they are my sons?) He said: Spend on them, for you will be rewarded for what you spend on them. Narrated by Al-Bukhari.
The orphan money development
that Omar Ibn Al-Khattab, may God be pleased with him, said: (Seek the wealth of orphans, so that charity does not eat them up). The Great Sunnah of Al-Bayhaqi.
And on the authority of Al-Qasim bin Muhammad, he said:
(Aisha used to pay zakat on our wealth, and to traded with it in Bahrain). Knowledge of Sunnahs and effects.
Thus, the predecessors used to dispose of the orphans' money
to grow and increase, on the authority of Yahya bin Saeed Al-Ansari, (He bought money for his nephews, orphans under his guardianship, So that money was sold after a lot of money) Al motaa.
Is it permissible to borrow money from orphans?
Fatwa summary
It is not permissible to borrow from the money of an orphan unless it is, It is in his interest, and no one can dispose of his money except his guardian, the grandmother has no guardianship over the orphan's money.
Ibn Qudamah said in Al-Mughni
As for the loan of an orphan’s money, if it is not for him, it is not permissible to loan it, so when does the guardian have the right to trade with him or collect real estate for him, In it, luck did not lend him a hand, because that makes luck miss the orphan, If this is not the case, and the loan was given to the orphan, it is permissible. I finish.
And close to him saying Shafi'i
As stated in the Fiqh Encyclopedia: As for the Shafi’is, they decided on the issue and said, It is not permissible for the tutor to lend the money of his tutor unnecessarily if he is not the ruler, as for the ruler, it is permissible for him to lend it without necessity - in contrast to the Subki - with a condition
1 - Rich of the borrower
2- His honesty and lack of suspicion in his money if he handed over the money of his guardian from it
3- Witness on him.
The Conditions for handing over the orphan his money
﴿ وَابْتَلُوا الْيَتَامَى حَتَّى إِذَا بَلَغُوا النِّكَاحَ فَإِنْ آنَسْتُمْ مِنْهُمْ رُشْدًا فَادْفَعُوا إِلَيْهِمْ أَمْوَالَهُمْ ﴾[النساء: 6])
{And test the orphans until they reach the age of marriage, If you find them wiser, so hand over their money to them ([An-Nisa: 6])
This was said by Ibn Abbas, Mujahid, Al-Hasan Al-Basri, and Muqatil: There are two conditions:
First
Puberty (they have reached the age of men) and this means: even when they have reached the age of marriage [An-Nisa: 6] It should not be given before puberty, even if it behaves well, This is what is meant by attaining marriage. And it is as it , It is known for both sexes to have a wet dream, which is the most obvious sign of puberty.
Second
To be an adult in his behavior, and this does not limit a specific age, as the boy may reach, but he does not improve behavior, and may go far beyond puberty, He reaches twenty, or twenty-five, or thirty, and he does not behave well, so the money is not given to him, meaning: If you find comfort [Al-Nisa:6], if you learn, then if you find comfort from them, [An-Nisa: 6] means: you learned from them guidance.
((So if you find that you are rightly guided)) if you look at them the adulthood then get them their money, Righteousness is said to the mind and reform, and from that is to behave well, and its good behavior is a color of righteousnes, and reform for money in management; This is due to maturity in his mind. These meanings are inseparable.
and reform for money in management; This is due to the maturity of his mind, These meanings are synonymous as you can see, well called good.
Some scholars (they have a third condition)
And the people required religion
This is as in the text of the verse, but those who stipulated religion took this from the word rationality, as it indicates
Religion, righteousness, guidance, and so on.