Misconception Surah 107 · Ayah 1
Taking an orphan’s property is stealing
Taking an orphan’s property is stealing
Question
I made a vow and I have orphans under my care. Can I fulfil this vow from the property of these orphans?
Answer
Praise be to Allah.
Praise be to Allah.
It is not permissible to fulfil the vow from the property of the orphans. Allah says (interpretation of the meaning):
“And come not near to the orphan’s property, except to improve it”
[al-An’aam 6:152]
If we pay this from the orphan’s property, there is no benefit to the orphan, rather taking it is counted as stealing. Everyone who is in charge of orphans’ property has to dispose of it in the manner which he thinks is in the orphans’ best interests. With regard to that which is not in their interests, or which serves some interest but there is some doubt as to whether it is in their best interests, then it is not permissible to dispose of it in that manner, because of the quotation mentioned (interpretation of the meaning):
“And come not near to the orphan’s property, except to improve it”
[al-An’aam 6:152]
So it is not permissible dispose of it, even if they are her children.
Source:Reference Link
Question
salam, Is it permissible to donate zakat money to organization which takes of orphan children of different religions?
Answer
All perfect praise be to Allaah, The Lord of the Worlds. I testify that there is none worthy of worship except Allaah, and that Muhammad, sallallaahu ‘alayhi wa sallam, is His Slave and Messenger.
Zakah (i.e. obligatory almsgiving) is not given to the orphan just because he is an orphan, since he may be wealthy and thus he will not be entitled to be given Zakah. Also, Zakah is not to be given to the non-Muslim as we have clarified in Fatwa 82875. Accordingly, it is not permissible to give Zakah to that organization unless you know that it will give it to the poor or needy Muslim orphans.
On the other hand, many scholars stipulated that the agent of the Zakah (who is delegated to distribute it) should be Muslim. It was stated in Al-Insaaf fi Ma‘rifat Ar-Raajih min Al-Khilaaf: "The composer (i.e. Ibn Qudaamah) said: It is permissible to deputize someone to give Zakah, and it is valid to do so, but on condition that this person be trustworthy. This was stated by Imaam Ahmad. He [That person] should also be a Muslim, according to the correct view. It is stated in Al-Faa'iq: He should be Muslim according to the more correct of the two opinions (in the Hanbali school of jurisprudence). This opinion was also given priority in Al-Furoo‘ and Al-Mukhtasar of Ibn Tameem. But Al-Qaadhi reported in At-Ta‘leeq an opinion that it is permissible to deputize a Thimmi (i.e. the non-Muslim who is living in a Muslim state) to give out Zakah." [End quote]
Allaah Knows best.
Source:Reference Link