Topic: Of Orphans
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وَلَا تُؤْتُوا۟ ٱلسُّفَهَآءَ أَمْوَٰلَكُمُ ٱلَّتِى جَعَلَ ٱللَّهُ لَكُمْ قِيَٰمًا وَٱرْزُقُوهُمْ فِيهَا وَٱكْسُوهُمْ وَقُولُوا۟ لَهُمْ قَوْلًا مَّعْرُوفًا
The words, "who are weak of understanding" have been substituted for "orphans" in the present verse to supply the required reason for the injunction, as well as to make it one of general application, including in its scope all such persons as are unable to take care of their property. In the case of grown-up imbeciles, the verse would be taken to be addressed to the State which should take effective steps to set up institutions like Courts of Wards to look after the property of persons who cannot manage it themselves.
The verse speaks of the property of orphans as "your property", hinting thereby that the guardians of orphans should be very careful about spending their property and should treat it as their own. The expression "your property" may also signify "the property of the orphans which are in your custody". It is also possible that the expression has been used here to include all property whether belonging to the orphans or to their guardians.
Important Words:
قیاما (means of support) is derived from قام i.e. he stood up. قام بالامر means, he undertook or managed the affair. قام علیهmeans, he took care of him or it. قام بالیتیم means, he supported or maintained the orphan (Lane). So قیام would mean, the act or state of standing; a means of support or sustenance.
Commentary:
The verse speaks of the property of the orphans as "your property," hinting thereby that the guardians of orphans should be very careful about spending the orphans’ property and should in this respect treat it as their own. The expression "your property" may also signify "the property of the orphans which is in your custody." It is also possible that the expression has been used here to include all property whether belonging to the orphans or to their guardians.
As special emphasis was laid in the preceding verses on the care and good treatment of orphans, there was a likelihood that some Muslims might too readily give orphans their money on demand from them. This verse cautions guardians against such a hasty step, because, being young and inexperienced, orphans might waste their money and might also thereby spoil their character. Muslims are, therefore, bidden to meet the legitimate needs of orphans but not to squander away their money, which is a means of their support and maintenance. The same injunction applies to the children or persons of weak understanding in general, the reason being the same in both cases.
The word سفھاء translated as "foolish" but properly meaning, "those who cannot take proper care of their possessions", has been substituted for the word "orphans" in the present verse to supply the needed reason for the injunction, as well as to make it of general application, including in its scope all such persons as are unable to take care of their possessions.
In the case of disabled adults, the verse would be taken to be addressed to the State which should take effective steps to set up institutions like courts of wards to look after the property of such persons as cannot manage it themselves.
488
Important Words:
قیاما (means of support) is derived from قام i.e. he stood up. قام بالامر means, he undertook or managed the affair. قام علیهmeans, he took care of him or it. قام بالیتیم means, he supported or maintained the orphan (Lane). So قیام would mean, the act or state of standing; a means of support or sustenance.
Commentary:
The verse speaks of the property of the orphans as "your property," hinting thereby that the guardians of orphans should be very careful about spending the orphans’ property and should in this respect treat it as their own. The expression "your property" may also signify "the property of the orphans which is in your custody." It is also possible that the expression has been used here to include all property whether belonging to the orphans or to their guardians.
As special emphasis was laid in the preceding verses on the care and good treatment of orphans, there was a likelihood that some Muslims might too readily give orphans their money on demand from them. This verse cautions guardians against such a hasty step, because, being young and inexperienced, orphans might waste their money and might also thereby spoil their character. Muslims are, therefore, bidden to meet the legitimate needs of orphans but not to squander away their money, which is a means of their support and maintenance. The same injunction applies to the children or persons of weak understanding in general, the reason being the same in both cases.
The word سفھاء translated as "foolish" but properly meaning, "those who cannot take proper care of their possessions", has been substituted for the word "orphans" in the present verse to supply the needed reason for the injunction, as well as to make it of general application, including in its scope all such persons as are unable to take care of their possessions.
In the case of disabled adults, the verse would be taken to be addressed to the State which should take effective steps to set up institutions like courts of wards to look after the property of such persons as cannot manage it themselves.
565
The words, "who are weak of understanding" have been substituted for "orphans" in the present verse to supply the required reason for the injunction, as well as to make it one of general application, including in its scope all such persons as are unable to take care of their property. In the case of grown-up imbeciles, the verse would be taken to be addressed to the State which should take effective steps to set up institutions like Courts of Wards to look after the property of persons who cannot manage it themselves.
566
The verse speaks of the property of orphans as "your property", hinting thereby that the guardians of orphans should be very careful about spending their property and should treat it as their own. The expression "your property" may also signify "the property of the orphans which are in your custody". It is also possible that the expression has been used here to include all property whether belonging to the orphans or to their guardians.
وَٱبْتَلُوا۟ ٱلْيَتَٰمَىٰ حَتَّىٰٓ إِذَا بَلَغُوا۟ ٱلنِّكَاحَ فَإِنْ ءَانَسْتُم مِّنْهُمْ رُشْدًا فَٱدْفَعُوٓا۟ إِلَيْهِمْ أَمْوَٰلَهُمْ ۖ وَلَا تَأْكُلُوهَآ إِسْرَافًا وَبِدَارًا أَن يَكْبَرُوا۟ ۚ وَمَن كَانَ غَنِيًّا فَلْيَسْتَعْفِفْ ۖ وَمَن كَانَ فَقِيرًا فَلْيَأْكُلْ بِٱلْمَعْرُوفِ ۚ فَإِذَا دَفَعْتُمْ إِلَيْهِمْ أَمْوَٰلَهُمْ فَأَشْهِدُوا۟ عَلَيْهِمْ ۚ وَكَفَىٰ بِٱللَّهِ حَسِيبًا
Under no circumstances should the property of the orphans be made over to them before they attain puberty and are so mature of intellect as to take care of and properly manage it.
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, if he is poor, is, however, allowed a reasonable wage, which should be in proportion to the amount of work he does and to the value of the ward’s property.
The property should be handed over to the wards in the presence of reliable witnesses as the word "presence" hints.
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.
489
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.
567
Under no circumstances should the property of the orphans be made over to them before they attain puberty and are so mature of intellect as to take care of and properly manage it.
568
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, if he is poor, is, however, allowed a reasonable wage, which should be in proportion to the amount of work he does and to the value of the ward’s property.
569
The property should be handed over to the wards in the presence of reliable witnesses as the word "presence" hints.