LESSON
# 475 FROM HOLY QUR’AN
Handing
Over The Property Of Orphans
Surah NISAAA’ (WOMEN) - Chapter - 4)
Verse
– 6 of 176, Section –1/24 (Part – 4)
And test orphans till they reach the
marriageable age; then, if ye find them of sound judgment, deliver over unto
them their fortune; and devour it not by squandering and in haste lest they
should grow up. And whoso (of the guardians) is rich, let him abstain
generously (from taking of the property of orphans); and whoso is poor let
him take thereof in reason (for his guardianship). Then when ye deliver up
their property unto orphans, have (the transaction) witnessed in their
presence. Allah sufficeth as a Reckoner.
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Wab-talul-yataamaa
hattaaa ‘izaa balagun-nikaah. Fa-‘in
‘aanastum-minhum
rushdan-fadfa-‘uuu
‘ilay-him ‘amwaala-hum. Wa
laa ta’-kuluuhaaa ‘israafanw-wa bidaaran
‘any-yakbaruu. Wa man-
kaana ga-niyyan- fal-yasta’-fif. Wa
man-kaana faqiiran- fal-ya’kul
bil-ma’-ruuf. Fa-‘izaa dafa’-tum
‘ilay-him ‘amwaalahum fa-‘ash-hiduu ‘alayhim.
Wa kafaa billaahi
Hasiibaa.
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Lesson
It has been ordered in this verse, “Carry on
nourishing and educating the orphans, and testing their sense and comprehension
at times till they reach the marriageable age; then, if you find them of sound
judgment, then deliver over their property and wealth to them. However if you
find that they do not have the required intellect even after reaching the
marriageable age, then according to the sect of Imam Abu
Hanifah, you would have to wait till the age of twenty five years. During
this tenure, whenever he/she seems a wise person, then deliver over the wealth
and property to them. Otherwise, hand them over their wealth and property after
reaching the age of twenty-five years in each condition.
Spending the wealth of orphans more than
necessity is prohibited. Do not finish their property in haste due to the intimidation
that after reaching the marriageable age, the orphan will get back his/her
property. The guardian should not spend the wealth of orphan for his personal
use. However, if the guardian is poor then he can take some property propitious
to his services in the reason for his guardianship.
Whenever, father of any child expires then it is
important to hand over the wealth of orphan with its written detail to a
guardian before some Muslims. And when the orphan reaches the marriageable age,
then according to that written detail his/her wealth should be gotten returned
and how much has been spent out of it, its detail should be explained to the
orphan.
Moreover, refund of the property/wealth should be
in the presence of the witnesses so that if any dispute arises in future, then
the witnesses may help in its settlement. Allah Almighty is Protector and
Reckoner of every thing, He does not need any witness or account Himself. It
has been determined for the ease of the people only.
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