Tampering with an Orphan's Wealth
Question :
If a man is a guardian of an orphan and is responsible for that orphan's welfare, is it permissible to use some of his wealth, keeping in mind that his original capital is safe?
Answer:
Allâh Almighty ordered us to work for the welfare of the except if it is for their benefit. Allâh Almighty says:
"And they ask you concerning orphans. Say: The best thing is to work honestly in their property, and if you mix your affairs with them, then they are your brothers. And Allah knows him who means mischief from him who means good."
He also said:
"And come not near to the orphan's property, except to improve it, until he (or she) attains the age of full strength."
The guardian of an orphan is required to act according to these two verses: he should try his best to keep his wealth safe and invest it so that it can increase, either by doing business with it or by giving it to a trustworthy person who does business with it for a fixed percentage of the profits. If that businessman volunteers all of the profits for the orphan, then that is best. As for the guardian using the orphan's wealth for his own benefit, for his own needs, for making his own business grow, this is not allowed because this act is not for the welfare of the orphan, nor is it a form of using his wealth for his benefit.
In case, however, wherein the guardian spends the orphan's wealth in order to preserve it, either because he is afraid that the wealth will perish or will be stolen, he is spending it for the orphan's benefit, which is what is required of him. The main principle, then, is that the guardian does whatever is in the interest of the orphan, not what is in his own interest. And Allâh Almighty knows who it is that seeks to ruin the orphan's wealth and who it is that seeks to preserve and augment it; He Almighty will reward each accordingly: if good, then with good; if evil, then with punishment. O Allah, guide us to that which pleases You.
Question :
We took an orphan into our home after his parents died. Some people, including his uncles, want to help him and give him money, and some of that money comes tous. We consider him to be one of our own; what should we do?
Answer:
There is nothing wrong with you taking from charity that is given to him as long as that amount equals your expenditure on him or is less than it. If it is more than what you spend on him, then you should save that excess amount for him.
And rejoice of a good reward for raising him and for showing kindness to him.
Question :
May a guardian put an orphan's money to use if that orphan is underage?
Answer:
Yes, the guardian can put the orphan's money to use if it is used to benefit that orphan, for Allâh Almighty says:
"And come not near to the orphan's property, except to improve it, until he (or she) attains the age of full strength."
Therefore, an orphan's guardian can spend money that belongs to the orphan under his charge, but only to increase it through investment or to use it for the child's benefit. However, he is not allowed to use it in a way that makes it decrease or in a way that is harmful to the orphan.
Question :
When my father died, he left a house in the city of Jeddah wherein my brothers now reside; he also left 100,000 Riyals. My mother and my brothers demanded that I build them a bigger house from the inheritance my father left. The only problem is that one of my brothers is still underage, and he doesn't really understand what is happen- ing, except that there is a clear benefit for him. Can we build a house with the inheritance money even though that same underage brother has a share of it?
Answer:
If you are the guardian of your brother who is underage, and if you see a benefit in building that house, there is nothing to prevent you from building it, for Allah Almighty says:
"And come not near to the orphan's property, except to improve it, until he (or she) attains the age of full strength."
Source:
Fatawa Islamiyah, Vol. 8 Pages 149-150-151
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