Prohibition of devouring the Property of an Orphan

Prohibition of devouring the Property of an Orphan

Allah, the Exalted, says: “Verily, those who unjustly eat up the property of orphans, they eat up only fire into their bellies, and they will be burnt in the blazing Fire!” (4:10) “And come not near to the orphan’s property, except to improve it.” (6:152)
“And they ask you concerning orphans. Say: `The best thing is to work honestly in their property, and if you mix your affairs with theirs, then they are your brothers. And Allah knows him who means mischief (e.g., to swallow their property) from him who means good (e.g., to save their property).” (2:220)
1614. Abu Hurairah (May Allah be pleased with him) said: The Prophet (sallallaahu alayhi wa sallam) said, “Keep away from the seven fatalities.” It was asked: “What are they, O Messenger of Allah?” He (sallallaahu alayhi wa sallam) replied, “Associating anything with Allah in worship (i.e., committing an act of Shirk), sorcery, killing of one whom Allah has declared inviolable without a just cause, devouring the property of an orphan, the eating of usury (Riba), fleeing from the battlefield and accusing chaste believing women, who never even think of anything touching their chastity.” [Al-Bukhari and Muslim]. Sources:Reference Link

Charity to Orphans

All the praises and thanks be to Allah, the All-Provider without limits, the Most Generous, the Bestower, and peace and blessings of Allah be upon Prophet Muhammad and his family and companions.
My Muslim brother:
How full this life is of sadness and pains! There is no felicity to anyone. No one drinks its pure cup! People in life are fluctuating between sorrow and joy, whether old or young! Life's grief and pleasures are of different degrees. Some are little and last only for a few hours. Others are grave and last for a long time! O Muslim brother! These are some of the pains which are lived by some people who have been gulping their bitterness for a long time! It is the bitterness found by the deprived and the weak who have tasted the bitterness of life before tasting its sweetness!
Do you know who are those deprived?
They are: (the orphans); those young who have lost their breadwinners before knowing bread! Those young who have lost their paterfamilias before knowing how to fly! This is the orphan who is distressed by the death of his father before tasting the sweetness of fatherhood and before feeling the protection of this strong hand! Brother: have you known now who the orphan is?! This is the orphan, O you with the kind heart. What is our duty, then, towards him?!

Charity to the orphan is a noble virtue.

My Muslim brother:
Islam urges for the virtues and the nobilities of morality. One of the noble moralities is: the charity to orphans. The orphan is the neediest to righteousness and charity. He has lost his father while he mostly needed him, so he needs righteousness and charity. If you see a man who is merciful to orphans, you should know that he is of noble natures and good moralities. As-Sâ'ib Ibn Abdullah, may Allah be pleased with him, entered upon the Prophet, peace and blessings of Allah be upon him. The Prophet, peace and blessings of Allah be upon him, said to him: "O Sâ'ib! Look into your morals according to which you used to behave in the pre-Islamic period and establish them in Islam. Entertain your guests, be generous towards the orphans and be charitable to your neighbor" [Reported by Ahmed and Al-Haythami said: its men are the men of the Sahih (authentic)].
»يا سائب انظر إلى أخلاقك التي كنت تصنعها في الجاهلية، فاجعلها في الإسلام، اقر الضيف، وأكرم اليتيم، وأحسن إلى جارك «رواه الإمام أحمد وقال الهيثمي: رجاله رجال الصحيح
In the tradition: it was narrated about Prophet Dawûd (David), peace be upon him, that he has said: “be to the orphan as a merciful father” [Reported by Al-Bukhâri in Al-Adab Al-Mufrid (the Unique Behavior), its chain is authenticated by Al-Albani]
»كن لليتيم كالأب الرحيم« رواه البخاري في الأدب المفرد وصحح إسناده الألباني
My Muslim brother:
Mercy and charity to the orphan, as mentioned, are the moral constitutions of the high-minded. They are adopted by only a noble, virtuous and benevolent man. Abdullah Ibn 'Umar, may Allah be pleased with them both, used not to eat food unless there was an orphan eating with him on the table! O brother, let's be that benevolent, the gentle who is seeking to be charitable to orphans, and wipe their tears by your hands and money, and bring joy into their hearts. Know that if you succeed in that, you are, then, lucky and deserve the title of (the man of the noble manner). To he who wants to accompany the Prophet, peace and blessings of Allah be upon him, in Paradise.
My Muslim brother:
Entering Paradise is the most valuable thing won by the believers; then how about accompanying the Prophet, peace and blessings of Allah be upon him, in it? This is a degree that can be reached only by those who are charitable to orphans. The Prophet, peace and blessings of Allah be upon him, has said: "I and the one who looks after an orphan and provides for him will be like this in Paradise," showing his middle and index fingers and separating them a little" [Reported by Al-Bukhari]
»أنا وكافل اليتيم في الجنة هكذا . وأشار بالسبابة والوسطى ، وفرج بينهما شيئا «رواه البخاري

Imam Ibn Battâl, may Allah have mercy on him, said: "It is worthy of him who has heard this Hadith to act according to it in order to accompany the Prophet, peace and blessings of Allah be upon him, in Paradise. And there is no rank better than this rank in the Hereafter".
Al-Hafiz Ibn Hajar, may Allah have mercy on him, said: "It is sufficient to confirm the closeness of the degree to the other degree is that there is no other finger between the middle and index fingers"
My Muslim brother:
Have you perceived the result of being charitable and merciful to an orphan? Where are you from such goodness? If you are among the well-to-do, have you ever thought about providing for an orphan to accompany the Prophet, peace and blessings of Allah be upon him, in Paradise?! It is not a must for providing for an orphan to be wealthy. However, he who joins an orphan to him and let him eat and drink from his food and drinking achieves such degree. The Prophet, peace and blessings of Allah be upon him, has said: "he who joins an orphan among Muslims in his food and drink until that he can provide for himself; verily he is assured to enter Paradise" [Al-Albani said: authentic due to its multiplicity of ways]
»من ضم يتيماً بين مسلمين، في طعامه وشرابه، حتى يستغني عنه، وجبت له الجنة« قال الألباني: صحيح لغيره
O you who are keen on what will benefit him, if you have the opportunity to sponsor an orphan, do not waste it… even if your soul is unwilling or rejecting. Consider the reward of he who sponsors an orphan… Do you not like to be a companion to the Prophet, peace and blessings of Allah be upon him, in Paradise? Be generous to the orphan so your heart will soften and you will achieve your needs!
My Muslim brother:
If you complain from heart hardness, charity to the orphan is a reason to soften the heart. This is a remedy recommended by he who has been sent with guidance and righteousness, peace and blessings of Allah be upon him. Abu Ad-Darda', may Allah be pleased with him, said: "a man who was complaining from heart hardness came to the Prophet, peace and blessings of Allah be upon him. He said: "Do you like your heart to be soft and you meet your needs? Be merciful to an orphan. Rub his head and feed him from your food, your heart will be soft and you will meet your needs." [Authenticated by Al-Albani]
»أتحب أن يلين قلبك، وتدرك حاجتك؟ ارحم اليتيم، وامسح رأسه، وأطعمه من طعامك، يلن قلبك، وتُدرك حاجتك« صححه الألباني
My Muslim brother:
verily, mercy to orphans is a reason to soften hearts and to meet needs! The one who is merciful to an orphan has replaced his father. A father is naturally merciful and compassionate for his children. And he who is merciful to an orphan has acquired an additional character; which is: being merciful to someone who is not his offspring! He who does that gathers in his heart the reasons of softening heart whatever hard his heart is! There is no doubt that this is a tested remedy. There is no one who treats an orphan nobly but that who has a soft heart. On the contrary, no one is unmerciful to orphans but that he has a hardened heart and bad temper! There is another benefit from the charity to orphans told by the Prophet, peace and blessings of Allah be upon him, to the man who asked him, which is; charity to orphans is a reason for meeting needs and achieving the desired. There is no doubt that Allah Almighty will not waste him who is benevolent to the children of others and who brings joy to their hearts. Allah Almighty is merciful and He loves everyone who is merciful. The Prophet, peace and blessings of Allah be upon him, has said: "The Compassionate One has mercy on those who are merciful. If you show mercy to those who are on the earth, He Who is in the heaven will show mercy to you." [Reported by Abu Dawud and At-Tirmidhi, authenticated by Al-Albani]
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الراحمون يرحمهم الرحمن تبارك وتعالى، ارحموا من في الأرض يرحمكم من في السماء« رواه ابو داود والترمذي وصححه الألباني
My Muslim brother:
Be merciful to orphans so that Allah will make good your affairs in this worldly life and in the Hereafter.
Beware of the property of orphans

My Muslim brother:
If the orphan has money, his custodian must fear Allah in it... You, who Allah has made you a custodian to an orphan, beware of being unjust to his right! This is Hellfire! Allah Almighty threatens those who unjustly usurp the property of orphans. Listen to this stern warning:
{Verily, those who unjustly eat up the property of orphans, they eat up only fire into their bellies, and they will be burnt in the blazing Fire!} [Surat An-Nisâ' 4:10]
{إِنَّ الَّذِينَ يَأْكُلُونَ أَمْوَالَ الْيَتَامَى ظُلْماً إِنَّمَا يَأْكُلُونَ فِي بُطُونِهِمْ نَاراً وَسَيَصْلَوْنَ سَعِيراً} النساء: 10

Transliteration: Inna allatheena yakuloona amwala alyatama thulman innama yakuloona fee butoonihim naran wasayaslawna saAAeeran As-Saddi, may Allah have mercy on him, said: "If a man unjustly usurps the property of an orphan, he is to be resurrected in the Day of Resurrection with the flame of fire coming out from his mouth, ears, nose and eyes. He will be known by everyone who sees him by the usurper of the property of the orphan".
My Muslim brother:
This verse is sufficient to deter every unjust aggressor of the money of orphans. And which disgrace is greater than entering Hellfire?! He who wants safety has to escape from approaching the property of the orphans. If he is tested by any, he has to fear Allah in it and not to be unjust to their owners; otherwise he is to be in a great danger!
Ibn Abbas, may Allah be pleased with him, said: "When Allah Glorified and exalted revealed the verse:
{And come not near to the orphan’s property except to improve it, until he attains the age of full strength. And fulfill (every) covenant. Verily, the covenant will be questioned about.} [Surat Al-Isrâ' 17:34],
{وَلاَ تَقْرَبُواْ مَالَ الْيَتِيمِ إِلاَّ بِالَّتِي هِيَ أَحْسَنُ حَتَّى يَبْلُغَ أَشُدَّهُ وَأَوْفُواْ بِالْعَهْدِ إِنَّ الْعَهْدَ كَانَ مَسْؤُولاً} الإسراء: 34
Transliteration: Wala taqraboo mala alyateemi illa biallatee hiya ahsanu hatta yablugha ashuddahu waawfoo bialAAahdi inna alAAahda kana masoolan
And:
{Verily, those who unjustly eat up the property of orphans,} [Surat An-Nisâ' 4:10],
{إِنَّ الَّذِينَ يَأْكُلُونَ أَمْوَالَ الْيَتَامَى ظُلْماً}النساء: 10
Transliteration:
Inna allatheena yakuloona amwala alyatama thulman
He who had an orphan in his house hurried and separated their food from his and their drink from his. The food of the orphan was kept for him till he eats it or gets spoiled. This was severe for them. They mentioned that to the Messenger of Allah, peace and blessings of Allah be upon him, so Allah Glorified and Exalted has revealed the verse:
{And they ask you concerning orphans. Say: "The best thing is to work honestly in their property, and if you mix your affairs with theirs, then they are your brothers.} [Surat Al-Baqarah 2:220]
{وَيَسْأَلُونَكَ عَنِ الْيَتَامَى قُلْ إِصْلاَحٌ لَّهُمْ خَيْرٌ وَإِنْ تُخَالِطُوهُمْ فَإِخْوَانُكُمْ} البقرة:220
Transliteration: wayasaloonaka AAani alyatama qul islahun lahum khayrun wain tukhalitoohum faikhwanukum
The Prophet, peace and blessings of Allah be upon him, recommended Abu Dharr, may Allah be pleased with him, by saying:
"O Abu Dharr, I find that you are weak and I like for you what I like for myself. Do not rule over (even) two persons and do not manage the property of an orphan." [Reported by Muslim]
»يا أبا ذر، إني أراك ضعيفاً، وإني أحب لك ما أحب لنفسي، لا تأمرن على اثنين، ولا تولين مال يتيم« رواه مسلم
When the orphan reaches the age of puberty; and sound judgment and righteousness are known from him, his property is to be given to him without being wronged about it a bit. Allah Almighty has said:
{And try orphans (as regards their intelligence) until they reach the age of marriage; if then you find sound judgment in them, release their property to them, but consume it not wastefully and hastily fearing that they should grow up} [Surat An-Nisâ' 4:6]
{وَابْتَلُواْ الْيَتَامَى حَتَّىَ إِذَا بَلَغُواْ النِّكَاحَ فَإِنْ آنَسْتُم مِّنْهُمْ رُشْداً فَادْفَعُواْ إِلَيْهِمْ أَمْوَالَهُمْ وَلاَ تَأْكُلُوهَا إِسْرَافاً وَبِدَاراً أَن يَكْبَرُواْ} النساء: 6
Transliteration: Waibtaloo alyatama hatta itha balaghoo alnnikaha fain anastum minhum rushdan faidfaAAoo ilayhim amwalahum wala takulooha israfan wabidaran an yakbaroo
Allah Almighty has ordered us to release their money to them when they reach the age of puberty and sound judgment and righteousness are known from them. The custodian should not usurp the property of the orphan before attaining his puberty in order not to be asked for it.
My Muslim brother: You know that usurping orphans' money is one of the greatest sins that throw one into Hellfire! Do not ever be one of the aggressors of orphan's money if you are one of those who look after it. Below is a wonderful example that reflects the condition of the pious in dealing with orphans' money.
Az-Zubair Ibn Al-'Awwam, may Allah be pleased with him, was a custodian to seven of the offspring of the companions including: 'Uthman, Ibn Mas'ud and Abdul-Rahman, may Allah be pleased with them. Az-Zubair, may Allah be pleased with him, used to spend on the inheritors from his own money while preserving theirs!
Ponder, may Allah guide you and me, on the determination of such noble master. He is not satisfied for himself but with the highest of degrees. So, Allah has been pleased with him and with all the rest chaste companions of the Messenger of Allah, peace and blessings of Allah be upon him.
How to be charitable to orphans?
My Muslim brother:
charity to orphans may be in many ways, each of which can be identified as charity.
It includes: Feeding, dressing and providing for his necessary needs; the merit of it has been mentioned above.
It includes: Rubbing his head and making him feel the mercy and compassion; this has great effect on the psychology of the orphan.
Ibn 'Umar, may Allah be pleased with him, upon seeing an orphan, he used to rub his head and to give him any thing (that brings joy to his heart).
It includes: Spending money on his education and learning, as one is careful to teach their son.
It includes: Sincerity in upbringing him as one does their son.
It includes: Compassion in disciplining him, if he committed an act that requires discipline.
It includes: Fearing Allah in the orphan's money, if he has any. He should not waste it in order not to be asked for it when the orphan becomes of age. He, otherwise, should preserve it so that he gives the orphan his money when he becomes of age. The stern warning against unjustly eating up the property of orphans has been mentioned above.
It includes: The sincere investment of his money in order that it will not all be spent in alms giving.
My Muslim brother: These are some of the forms of the charity to orphans. Charity to orphans is not limited to specific people. Each Muslim is being addressed to do that, as he is being addressed for doing good actions and righteous deeds. When Allah Almighty knows the sincere intent of a man, He helps him in performing every good deed. Therefore, brother, observe doing righteous deeds even by intending that in your heart, so when the opportunity comes, you perform good deeds. There is no one more helpless than a man who cannot entertain the intention of performing righteous deeds!
To every Muslim
My Muslim brother: Despite of being a noble manner and called for by Islam; charity to orphans is done only by those who have merciful hearts and noble selves. The Muslim society is a society which is tied by the noble instructions called for by Islam. It is the society which has been described by the Prophet, peace and blessings of Allah be upon him, in such a marvelous description: "You see the believers as regards their being merciful among themselves and showing love among themselves and being kind, as resembling one body, so that, if any part of the body is not well then the whole body shares the sleeplessness and fever with it." [Reported by Al-Bukhari]
»ترى المؤمنين في تراحمهم، وتوادهم، وتعاطفهم، كمثل الجسد إذا اشتكى عضواً تداعى له سائر جسده بالسهر والحمى« رواه البخاري
This is a description showing how the Muslim society should be like. The orphan is a part of this society; he has the same rights as others and has the same obligations. It is obligatory for all Muslims to be charitable and kind to him. They are to compensate him for the sympathy and compassion of parenthood. They are to exert for him the same they do for their children and family.
My Muslim brother
It is not difficult to join an orphan to your home, to feed him from what you eat, dress him from what you wear and to make him as one of your children. Let this be for the sake of Allah Almighty so that you may be one of those who Allah has said about them: { And they give food, inspite of their love for it (or for the love of Him), to Miskin (poor), the orphan, and the captive, (8) (Saying): "We feed you seeking Allah's Countenance only. We wish for no reward, nor thanks from you. (9) "Verily, We fear from our Lord a Day, hard and distressful, that will make the faces look horrible (from extreme dislikeness to it)." (10) So Allah saved them from the evil of that Day, and gave them Nadratan (a light of beauty) and joy. (11) And their recompense shall be Paradise, and silken garments, because they were patient.} [Surat Al-Insân 76:8-12]
{وَيُطْعِمُونَ الطَّعَامَ عَلَى حُبِّهِ مِسْكِيناً وَيَتِيماً وَأَسِيراً (8) إِنَّمَا نُطْعِمُكُمْ لِوَجْهِ اللَّهِ لَا نُرِيدُ مِنكُمْ جَزَاء وَلَا شُكُوراً(9) إِنَّا نَخَافُ مِن رَّبِّنَا يَوْماً عَبُوساً قَمْطَرِيراً (10) فَوَقَاهُمُ اللَّهُ شَرَّ ذَلِكَ الْيَوْمِ وَلَقَّاهُمْ نَضْرَةً وَسُرُوراً (11) وَجَزَاهُم بِمَا صَبَرُوا جَنَّةً وَحَرِيراً} الإنسان: 8-12
Transliteration: WayutAAimona alttaAAama AAala hubbihi miskeenan wayateeman waaseeran (8) Innama nutAAimukum liwajhi Allahi la nureedu minkum jazaan wala shukooran (9) Inna nakhafu min rabbina yawman AAaboosan qamtareeran (10) Fawaqahumu Allahu sharra thalika alyawmi walaqqahum nadratan wasurooran (11) Wajazahum bima sabaroo jannatan wahareeran
May Allah guide you, my Muslim brother, and me to do good deeds and may He help you and me to be firm till death. All the praises and thanks be to Allah Almighty, and peace and blessings of Allah be upon our Prophet Muhammad and his family and companions.

Source:https://en.islamway.net/article/12729/charity-to-orphans?__ref=search

⦁ Greater Sin: Usurping the Property of the Orphans
One of the Greater Sins is to usurp the property of an orphan who has not attained maturity.
This is categorized as a Greater sin by the Holy Prophet (S), Imam ‘Ali (a.s.), Imam Riďa (a.s.), Imam Kadhim (a.s.) and Imam Taqi (a.s.). It is a sin, the punishment of which is fixed by Allah (S.w.T.) to be the fire of Hell.
The Qur’an says,
“(As for) those who swallow the property of the orphans unjustly, surely they only swallow fire into their bellies and they shall enter burning fire.” (Surah an-Nisā’ 4:10)
It is mentioned in Tafsir al-Kabir that one who cheats an orphan of his property will be raised on the Day of Judgement in such a condition that the flames of fire will be protruding from his mouth, nose and ears. By looking at him people will recognize that he is the one who in his lifetime had usurped the property of the orphans. The last phrase, “They shall enter burning fire” indicates that one who deprives an orphan of his rightful property will be liable to be burnt in Hell-fire, even if he has not committed any other sin.
The Almighty Allah (S.w.T.) says,
“And give to the orphans their property, and do not substitute worthless (things) for (their) good (ones) and do not devour their property (as an addition) to your own property; this is surely a great sin.” (Surah an-Nisā’ 4:2)
The above verse gives clearcut instructions to those who are guardians and caretakers of the orphans, on how to fulfill their responsibility. They should spend the property in their trust in a correct manner for the benefit of the orphan and without stinginess. A caretaker should be very careful not to spend any of the orphan’s money on himself. This is a very serious offence that will cause his entire Halāl wealth to become Harām. Under no circumstances should an orphan’s valuable possessions be substituted with anything inferior. Finally, when the child reaches maturity, all his property should be returned to him with complete honesty.
In the same chapter of Surah an-Nisā’, Allah (S.w.T.) says in verse number nine:
“And let them fear who, should they leave behind them weakly offsprings, would fear on their account, so let them be careful of (their duty to) Allah, and let them speak right words.” (Surah an-Nisā’ 4:9)
It is mentioned in Tafsir-al-Mizan that whoever betrays the trust of orphans and oppresses them, their children will suffer a similar fate. This is an amazing reality that is revealed by the Holy Qur’an. Similarly in other numerous verses, the Qur’an informs us that the returns of our deeds are evident in this world itself. We will witness the results of our own actions. Every action has an effect on one who performs it, and we should be fully conscious of the fact that our sinful acts are not restricted to the sinner, but they come to bear on our children as well.
It is our confirmed duty to wish for others as we wish for ourselves. A good or bad action directed towards others therefore implies that we wish the same for ourselves. So, by carrying out these actions, we, in effect have prayed for it for ourselves. This prayer will not be rejected and we will be recompensed as we deserve.
The marvellous functioning of our body is the result of the co-ordination between the various composite parts and organs. We as individuals are also composite members of a large body, which is our community. Just as the malfunction of one organ in the body, causes distress in the other organs, so also whatever hurt or misery that we may inflict on another is bound to take us also in its grip. So it is, that the injustice we do to another’s child will cause our own children to suffer the repercussions of our actions. It is of course another matter that the Almighty in his Infinite Mercy allows some of our good deeds to compensate for the bad actions.
“And whatever affliction befalls you, it is on account of what your hands have wrought, and (yet) He pardons most (of your faults)” (Surah ash-Shūrā 42:30)
Undoubtedly, we must dread Allah (S.w.T.)’s punishment and refrain from oppressing the orphans. We have to have kind and tender feelings for them as we have for our own children. If we trample upon the rights of an orphan or do any injustice to him or her, we can rest assured that the same fate will befall our own children after our death. The verse of Surah an-Nisā’ unequivocally states that oppressing an orphan is a Greater Sin. The horrible consequences of this sin are also mentioned clearly.
⦁ Punishment for Usurping the Orphan’s Property is Meted Out in This World
It is recorded from Imam Ja’far as-Sadiq (a.s.) that Allah (S.w.T.) has ordained two penalties for appropriating the wealth or property of an orphan:
“The first punishment is in the Hereafter, and that is the fire of Hell. The second one is in this world itself. As indicated by the following verse of Qur’an:
“And let those fear who, should they leave behind them the weakly offspring, would fear on their account, so let them be careful of (their duty to) Allah, and let them speak right words.” (Surah an-Nisā’ 4:9)
Whatever has been mentioned in the Holy Qur’an, the same has been emphasized by Imam ‘Ali (a.s.), Imam Ja’far as-Sadiq (a.s.), Imam ‘Ali ar-Riďa (a.s.). Other Tafsirs of Qur’an also give the same explanation. Imam ‘Ali (a.s.) states: “Certainly one who usurps the orphan’s property, his own children shall be similarly dealt with in this world in the near future and he will suffer for it in the Hereafter.”(Bihār al-Anwār)
‘Ali (a.s.) has also mentioned:
“Do good to the children of others so that good may be done to yours (after you are dead).”
Imam Ja’far as-Sadiq (a.s.) has informed:
“If one oppresses someone, Allah will appoint an oppressor upon him or upon his children.”1
This is not Against Divine Justice
We may wonder as to why the innocent children who are not at fault and in no way responsible for the misdeeds of their parents should be the target of oppression and injustice meant for their parents. Is this not against Divine Justice?
The answer to this objection is simple. Allah (S.w.T.) does not appoint any oppressor but when someone oppresses the children, Allah (S.w.T.) does not restrain him. Allah (S.w.T.) witholds His Mercy and favour.
Bad behaviour towards the children implies that the father wishes the same for his children and also that he has not wished Allah (S.w.T.)’s Mercy and favour upon his children.
Hazrat Imam Ja’far as-Sadiq (a.s.) has stated:
“If the father is virtuous the Almighty Allah protects the children.”
As mentioned in the Qur’anic verses of Surah al-Kahf:
“And as for the wall, it belonged to two orphan boys in the city, and there was beneath it a treasure belonging to them, and their father was a righteous man, so your Lord desired that they should attain their maturity and take out their treasures, a mercy from your Lord...” (Surah al-Kahf 18:82)
Thus it is clear that the Mercy and favour of Allah (S.w.T.) upon the orphans is due to the righteousness of their father. On the other hand if their father had oppressed others than this would have caused them to be deprived of Divine Mercy and favour.
Tradition that Denounces the Usurpation of Orphan’s Property
Umar bin Zurarah says that he enquired from Imam Ja’far as-Sadiq (a.s.) regarding the Greater Sins. He said:
“One of the Greater Sins is illegal appropriation of the orphan’s property.”2
Imam Muhammad Baqir (a.s.) narrates from the Holy Prophet (S) that he said:
“On the day of Qiyāma some people would arise from their graves in such a condition that flames of fire would be protruding from their mouths.”
The people asked, “O! Messenger of Allah who are these people?”
The Prophet replied:
“Those who have illegally appropriated the property of the orphans.”3
Imam Riďa (a.s.) was asked, “What is the smallest quantity of the orphan’s property the appropriation of which causes one to enter the fire (of Hell)?”
He replied:
“When one consumes something belonging to the orphan without the intention of returning it to him. There is no question of less or more.”
The Holy Prophet (S) says:
“On the night of ascension (Miraj) when I was taken to the skies I decried a group of people whose bellies were being stuffed with fire. And the fire was spilling from their anal openings. I asked Jibrīl, who they are? Jibrīl replied, ‘They are those who used to usurp the property of the orphans unjustly’.”4
The Death of a Creditor and His Minor Children
A person who has minor children and had given loans to others, and dies without making any arrangement for their recovery, will be counted as one who has misappropriated the wealth of orphans. Because after the death of the father the children become the owners of his property. However, the dead father would only be accountable for that portion of the loan which is the share of the children.
Severe Pain in the Eyes of Amir ul-Mu’minīn (a.s.)
Once Hazrat ‘Ali (a.s.) had sore eyes. The pain was so severe that he was groaning loudly. The Holy Prophet (S) came to visit him and said:
“Is this sighing and groaning due to the restlessness or due to severe pain?”
‘Ali (a.s.) replied:
“I have never had such severe pain.”
The Holy Prophet (S) related to him a tradition which was so frightening that ‘Ali (a.s.) forgot his pain. The tradition is as follows.
A Frightening Tradition
The Holy Prophet (S) says:
“O! ‘Ali, When the Angel of Death (Israel) comes to a disbeliever he will come with a mace of fire. He will extract his life painfully. Seeing this, Hell will scream loudly (so that it may take this disbeliever to itself soon).”
Hearing this ‘Ali (a.s.) sat up abruptly and said:
“O Messenger of Allah (S), repeat to me this tradition. I have forgotten my pain after listening to it.” Then he enquired, “Will anyone’s soul from your Umma be also extracted in this way and will anyone be subjected to such a severe punishment?”
The Holy Prophet (S) said:
“Yes! There are Three types of people among the muslims whose souls shall be taken out this way. First group is of the unjust rulers. The second is of those who unjustly appropriate the wealth of orphans and the third is of those who give false witness.”
Kindness Towards Orphans
Injustice and oppression to the orphans brings severe punishment in this world as well as Hereafter. In the same way kind and gentle behaviour towards them earns countless rewards in this world, as well as the Hereafter. Especially blessed by Allah (S.w.T.) are those who protect the orphans and take the responsibility of being guardians to them. Numerous traditions have been recorded concerning this. A few of these are quoted below.
Hazrat Imam Ja’far as-Sadiq (a.s.) says:
“One who maintains the orphans, Allah makes Paradise Wajib upon him, in the same way as he makes Hell Wajib upon those who usurp the property of the orphans.”
The Holy Prophet (S) says:
“I and one who maintains an orphan would be together in Paradise in the presence of Allah, in the same way as these two fingers are together.”
And he pointed out to his index and the middle finger joined together.
According to a tradition, The Holy Prophet (S) and one who maintains an orphan, will not be separated nor would there be any barrier between them in Paradise.
The Prophet (S) has also stated:
“If anyone from you becomes the guardian of an orphan and deals kindly with them, and he fulfills these actions satisfactorily, and he strokes the head of the orphan with sympathy, then Allah necessarily writes good deeds equivalent to the hair covered by his hand and forgives sins equal to the number of hair, and raises his position in grades equal to the hair of the orphan’s head.”
Elsewhere the Holy Prophet (S) has been reported to have said:
“When an orphan cries the Heaven shudders, then Almighty Allah says, ‘O Angels, Is this the same orphan whose father has been buried in the earth?’ The Angels reply, ‘(O Allah) you are the all-knowing.’
Then Allah would say, ‘O My Angel be a witness. Whoever consoles this orphan and makes him happy, I will make him happy on the day of Qiyāma.’”
The caressing of an orphan’s head removes callousness from the heart. There are many tradition which indicate this. However, only a few shall suffice for our discussion.
Guardian of Minor Children
The boy who has not reached the fifteenth year cannot spend from his wealth. In the same way the girl who is not yet nine years of age cannot spend from her property. A minor boy or a girl cannot spend from their wealth in any way. Only their guardian has the right to spend from their wealth for their upkeep. The foremost guardians, according to Shari’a are the father, grandfather, mother and grandmother. The next in order is the one who is appointed a guardian after the death of the father and grandfather. He has the right of maintaining the orphans.
If the father and the grandfather die without appointing a trustee for the children, the legal guardian is the ruling Mujtahid or someone appointed by the Mujtahid. In a situation where a ruling Mujtahid is also not present, the Mu’minīn shall maintain the orphans. (This is called Udūl al-Mu’minīn in religious terminology). It would be explained at an appropriate place.
The Affairs of the Orphans Should be Conducted With Care
The guardian of an orphan shoulders a very serious responsibility. He should judiciously spend for all the needs of the orphan, neither being miserly nor extravagant.
The guardian should strictly maintain the account of the orphan’s expenditure separately and club it with his own family expenses. Since it would be more convenient and economical to cook the orphan’s food along with the food for the rest of the family. But the expenses incurred for the orphan must be accurately calculated. It would be highly commendable if the guardian took a little less as the orphan’s share than the calculated amount. He would indeed gain Allah (S.w.T.)’s immense pleasure.
At times, however, due to the dietary requirements of the orphan, it may be necessary to cook his food separately. This would certainly pose some problems. But the main thing the guardian has to keep in mind is the wellbeing of the orphan and an honest assessment of his expenses.
This has been permitted because it is easier and much more economical then having food cooked separately for the orphan. However, if there is a great difference between the dietary requirement of the orphan child and other family members, it would be very difficult to adhere to this arrangement. For example, if a child does not eat meat and rice, then it would be difficult to have his food cooked together with the main dish. The thing to be taken care of, is that the well-being and property of the orphan is maintained.
A verse of Surah al-Baqarah says:
“And they ask you concerning the orphan’s; say: To set right for them (their affairs) is good, and if you become co-partners with them, they are your brethren; and Allah knows the mischief-maker and the peace-maker...” (Surah al-Baqarah 2:220)
The above verse was revealed at a time the people were confused as to how they should handle the money of their orphan wards. The verse revealing the severe punishment for those who misappropriate an orphan’s property had struck such fear into the hearts of guardians that they started cooking the orphan’s food separately. They would not even touch the leftovers and allowed them to rot. They then approached the Holy Prophet (S) in a confused state of mind and the above verse was revealed.
It is evident that we must live together with the believing brother. The Omniscient Allah (S.w.T.) knows what is in our heart, and is aware of our intentions. He knows who intends to misappropriate the property of the orphans and who wants to put right their affairs.
The Wealthy Guardian of the Orphans
It is recommended that a wealthy guardian should maintain an orphan. He will enjoy boundless blessings of the Hereafter fixed by Allah (S.w.T.) for this gracious act.
As the Holy Qur’an states:
“...And whoever (of the orphan’s guardian) is rich, let him abstain altogether (from spending of the orphan’s wealth)...” (Surah an-Nisā’ 4:6)
The Impoverished Guardian of the the Orphans
If the caretaker of the orphan is poor, he can charge for his services. Concerning the remuneration of these services there are Three legal opinions. Some scholars are of the opinion that he can charge an amount generally believed to be appropriate. The second opinion is that he must take only as much as is necessary for his own upkeep, and no more. The third view point is that he must find out the generally accepted remuneration and the expenses of his own upkeep; and charge the amount which is less. This is a precautionary measure and the most recommended one.
The Property of the Orphan Must Be Guarded Till He Attains Maturity
It is not permissible to hand over an orphan’s money to him before he reaches maturity. The guardian will be held liable, if he is careless in this matter and the orphan suffers a loss as a result. On the other hand an orphan’s property should be restored to him immediately, once he reaches maturity.
Signs of Puberty
Maturity is recognized by any one of these Three signs:
1) The completion of fifteen lunar years for the boy and nine lunar years for the girl.
2) Growth of pubic hair.
3) Discharge of semen in boys.
What is the Meaning of Rashīd?
The Qur’anic verse says,
“And test the orphans until they attain puberty; then if you find in them maturity of intellect (Rashīd), make over to them their property...” (Surah an-Nisā’ 4:6)
The maturity of intellect (Rashīd) in this connection means maturity in the financial affairs. This maturity is reflected in the child’s capacity to handle his day to day needs without there being any risk of loss and wasteful expenditure. At this stage it is Wajib to hand over to the orphan his wealth and property.
In other words it is Wajib to restore the wealth and property of an orphan when he attains puberty and maturity of intellect.
1. al-Kāfi
2. Bihār al-Anwār
3. Bihār al-Anwār
4. Wasa’il ul-Shia
Source:Reference Link