Topic: Property Of

4:11, 128; 6:153; 17:35.

Important Words:

حوبا (sin) is derived from حاب meaning, he sinned; he did what was unlawful. حوب means: (1) a great sin or simply sin or crime; (2) wrong or injustice; (3) perdition, destruction or death; (4) disease; (5) a trial, trouble or affliction (Lane & Aqrab).

Commentary:

After mentioning two favours of God in the previous verse, viz. the multiplying of many men and women from a "single soul", and preserving them from destruction by instituting ties of relationship, the Quran proceeds to emphasize the need of protecting posterity by safeguarding the rights and interests of orphans.

The expression, and exchange not the bad for the good, means that if you do not give the orphans their property, the result will be that your own pure possessions will become impure and you yourselves will suffer in the long run.

The words, devour not their property with your own, contain a warning to guardians not to mix up the property of orphans with their own with the intention of misappropriating it. The clause also hints that if the guardian of an orphan possesses sufficient means of subsistence, he should not take anything out of the property of his ward as a compensation for his guardianship.

Commentary:

Guardians of orphans are enjoined to continue to test them so that if, after having reached the age of puberty, which according to some authorities is 18 years, and according to others 21, they are found to be capable of taking charge of their property, it should be handed over to them. But in no circumstances is it to be made over to them before puberty is attained and before they are so mature of intellect as to take care of and manage their property. If even at the mature age of 18 or 21, they are found to be incapable of managing their property, it may be withheld from them for a further period, with the sanction of the State.

The verse also warns guardians not to squander away in haste the money of their wards before they are old enough to take charge of it. The guardian is, however, allowed a reasonable wage, if he is poor, which should be in proportion to the amount of work he does and to the value of the ward’s property.

But if the guardian is a person of ample means, he should take nothing out of the orphan’s property. In that case, his should be a labour of love, done in hope of reward from God. This verse is not a repetition, but an explanation of 4:3 which contains a prohibitory injunction for such guardians as possess sufficient income with the addition that it allows a certain remuneration for guardians of meagre means.

The words, when you deliver to them their property, then take witnesses in their presence, have been added as a safeguard against all possible frauds as well as misunderstanding. The property should be handed over to the wards in the presence of reliable witnesses when both the wards and the witnesses are present, as the word "presence" hints.

The verse ends with a stern warning in the words, Allah is sufficient as a Reckoner. So all concerned should fear the All-Seeing and All-Knowing God. Indeed, the fear of being called to account before God is the only true basis of all righteousness and the real and most effective preventive against sin and iniquity. One should fear not only the punishment of God, but also losing His love and mercy.

See 4:3.

Important Words:

یصلون (burn) is derived from صلی. They say صلی اللحم i.e. he roasted the meat. صلی الشیء means, he threw the thing into the fire to be burned. صلی النار means, he felt the burning heat of the fire, or he entered the fire and was burnt (Aqrab).

Commentary:

The words, into their bellies, in the clause, (they) only swallow fire into their bellies, though seemingly superfluous are not really so. They have been added to point out that the fire which they swallow will, as it were, become a part of their bodies and continue as a constant source of burning.

4:11; 17:35.

17:36; 26:182-183; 55:10.

2:287; 7:43.

5:2; 16:92; 17:35.

Commentary:

Next to the injunction to protect the lives of our brethren (see preceding verse) comes the injunction to protect their property. Of those the Quran takes first those who cannot take care of their own property, viz. orphans. The verse says:And approach not the property of the orphan, except in a way which is best. In these words we are bidden to take due care of the property of those whose parents are dead and who are too young to take care of their property. We are to act as trustees for their property and we are strongly forbidden to misappropriate it. The injunction not to "approach" the property, however, does not mean that we should not even make such use of their property as may be to the advantage of the orphans themselves, e.g. investing it in some profitable business which may bring gain to our wards. The Quran allows such profitable investment by saying, except in a way which is best. Again by using the words, till he attains his maturity, the Quran reminds us that we are to be the custodians of the property of orphans not for a month or a year, but until the time when they are old enough to take charge of it and look after their own affairs.

Next to orphans come those of our brethren who, though able to take care of their property, may sometimes become the dupes of others. So the next injunction is of general application and is to the effect: And give full measure and weight with equity. In these words we are bidden not to cheat or defraud others of their property in any way, even if the other party is not intelligent or watchful enough to look after his or her interests.

After the injunctions pertaining to the protecting of property, comes the injunction to guard our tongues. Says the Quran: And when you speak, observe justice even if a relation be concerned. This signifies that when we are called upon to bear witness, we should speak the truth, even if our testimony may prove harmful to one near and dear to us. On the other hand, we should not unjustly harm our relations either. We must be true to them also, for they too are our brethren and come under the general injunction.

After the injunction to guard the tongue comes the injunction to guard the heart. Says the verse, and fulfil the covenant of Allah. Obviously this injunction pertains to the heart, for whereas the previous injunctions pertained to the covenant with men, the present one relates to the covenant with God.

It should also be noted that the injunctions contained in 6:152 pertained to outward evils, hence they were followed by the words, that you may understand, i.e. if you will act upon these injunctions, your power of understanding will be strengthened. But the injunction contained in the latter portion of the present verse pertains to the heart; it has, therefore, been aptly followed by the words, that you may remember.

4:7, 11; 6:153.

5:2; 16:92.

Commentary:

Besides the every-day incidence of death, sudden and accidental happenings, among which may be included epidemics, murders, etc. leave children orphans. Hence, after having laid down the law about the punishment of murder, which leaves orphans in two families––in the family of the murderer and that of the murdered person—the Quran proceeds to give directions about the rights of orphans. One of the most important of these is with regard to their property.

The present verse clearly lays down that the property of orphans is to be handled in such a way that it may increase and produce the best results for them. In this as in many other respects the teaching of Islam is clearly superior to that of other religions. In no other religious system have such detailed instructions been given to safeguard the property of orphans as are given by Islam. The present verse institutes, as it were, a general Court of Wards, a department designed for the protection of the property of orphaned minors. It is generally considered to be a western institution, but it was conceived and brought into being by Islam no less than 1350 years ago.

The words, until he attains his maturity, signify that the guardianship of orphans’ property is not to be given up before they are physically and mentally mature enough to take proper care of it; nor is it to be retained a minute longer after that.

The word عھد (covenant) also means an obligation and it has been used here in this sense to emphasize the fact that taking proper care of orphans’ property constitutes no favour to them but is a responsibility and a duty to be discharged fully and honestly. Orphans are powerless to call their guardians to account if the latter are found to be guilty of fraudulence with regard to their property. So God has given their charge the status of a divine covenant the breach of which will be severely punished.

This word عھد, however, may possess a wider significance. It may refer to the responsibility that devolves upon a powerful nation which takes under its protection a weaker sister nation. Such a powerful nation is reminded that it can keep under its tutelage the weaker nation only till that time when the latter "comes of age" and is fit to take charge of its affairs. The weaker nation is here likened to an orphan whose period of tutelage is a sacred trust which the stronger nation is directed to discharge honestly "until it attains its maturity." The verse thus possesses an object lesson for the Western Mandatory Powers.