Laws of Surah Baqarah V.220

بسم الله الرحمن الرحيم

وَيَسۡـَٔلُونَكَ عَنِ ٱلۡيَتَـٰمَىٰ‌ۖ قُلۡ إِصۡلَاحٌ۬ لَّهُمۡ خَيۡرٌ۬‌ۖ وَإِن تُخَالِطُوهُمۡ فَإِخۡوَٲنُكُمۡ‌ۚ وَٱللَّهُ يَعۡلَمُ ٱلۡمُفۡسِدَ مِنَ ٱلۡمُصۡلِحِ‌ۚ وَلَوۡ شَآءَ ٱللَّهُ لَأَعۡنَتَكُمۡ‌ۚ إِنَّ ٱللَّهَ عَزِيزٌ حَكِيمٌ۬

“They ask you about the orphans. Say, “To work for their good is good.  And if you live with them jointly, they are, after all, your brethren.”; and Allah knows the one who makes mischief, as distinct from the one who promotes good. And if Allah had wished, He would have put you in trouble. Surely, Allah is Mighty, Wise.” (220)

Ruling: The wealth of orphans: Some people did not exercise caution with the wealth of orphans. The following injunctions were therefore revealed “Do not approach the wealth of orphans except in the way that is best (Surah Al Anam verse 152) “Those who devour the wealth of orphans wrongfully…” (Surah Nisaa verse 10). Upon learning of these injunctions, those who had orphans under their care became fearful and completely separated the food and expenses of the orphans from their own food and expenses. They did this because if they were to mix the wealth of orphans with theirs, they would inevitably have to eat their wealth. The complication that this separation caused was that if a meal was prepared for the orphan alone, some of the food would be left over, get spoiled, and eventually be thrown away. These precautions began causing losses to the orphans. When this situation was explained to Messenger of Allah, the present verse was revealed.

The main object is there must be justness and correct management in the wealth of orphans. If there is benefit to the orphan by separating his wealth, this should be opted for. But if it is felt that it is to his advantage to mix his wealth with yours, this should be done. There will be no harm if you eat something of his and the next time he eats something of yours. This is because the orphan is your brother in Islam or your blood brother, and it is not wrong for brothers to share, to feed or to be fed by each other. What is very necessary is that full consideration be given on improving the lot of the orphan. Allah has full knowledge of him who desires embezzlement and destruction of the wealth of orphans and him who desires the reformation and improvement of their lot. (Tafseer Uthmani V1 pg229)

Ruling: Allah mentioned that their Islaah is better, this has many meanings. One is that a person does business on behalf of the orphan to expand and grow his wealth. The wali may purchase the wealth of the orphan if it is better for the orphan, or he may sell his property to the orphan if it benefits the orphan, he may marry off the orphan if it is beneficial for the orphan. The wali should teach, train and nurture the orphan. (Ahkaam Al Quraan ThanviV1 pg 398)

Author: Hamza

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