سنن نسائي
Nasai
كتاب الوصاياThe Book of Wills
بَابُ : مَا لِلْوَصِيِّ مِنْ مَالِ الْيَتِيمِ إِذَا قَامَ عَلَيْهِChapter: What The Guardian Is Entitled To Of An Orphan's Property If He Takes Care Of It
Hadith 3698
اُردوEn
أَخْبَرَنَا إِسْمَاعِيل بْنُ مَسْعُودٍ ، قَالَ : حَدَّثَنَا خَالِدٌ ، عَنْ حُسَيْنٍ ، عَنْ عَمْرِو بْنِ شُعَيْبٍ ، عَنْ أَبِيهِ ، عَنْ جَدِّهِ ، أَنَّ رَجُلًا أَتَى النَّبِيَّ صَلَّى اللَّهُ عَلَيْهِ وَسَلَّمَ فَقَالَ : إِنِّي فَقِيرٌ لَيْسَ لِي شَيْءٌ وَلِي يَتِيمٌ ، قَالَ : " كُلْ مِنْ مَالِ يَتِيمِكَ غَيْرَ مُسْرِفٍ ، وَلَا مُبَاذِرٍ ، وَلَا مُتَأَثِّلٍ " .
´It was narrated from 'Amr bin Shu'aib, from his father, from his grandfather, that a man came to the Prophet and said:` "I am poor and I do not have anything, and I have an orphan (under my care)." He said: "Eat from the property of your orphan without being extravagant, wasteful or keeping it as capital for yourself."
Related hadith on this topic
Explanation & Benefits
Hafiz Muhammad Ameen
(1) Thus, a needy person may take a wage for supervising and managing the property of an orphan, and that too only a very reasonable amount. However, for one who eats and drinks (from the orphan's property), it is better not to take any compensation for his supervision and so forth.
(2) If one engages in trade with the orphan's property with the intention of acquiring the profit for himself, then such trade is not permissible.
(2) If one engages in trade with the orphan's property with the intention of acquiring the profit for himself, then such trade is not permissible.
Source: Sunan Nasa'i: Translation and Benefits by Shaykh Hafiz Muhammad Amin Hafizullah, Page: 3698
Maulana Ataullah Sajid
Benefits and Issues:
➊ Consuming the wealth of an orphan is a grave sin. Allah the Exalted has said:
“Indeed, those who consume the wealth of orphans unjustly are only consuming fire into their bellies, and they will be burned in a blazing fire.” (An-Nisa 4:10)
➋ If the guardian of the orphan is poor, he may fulfill his most essential needs from the orphan’s wealth, but he cannot spend it on luxuries or comforts.
➌ Even for a poor person, it is better that he meets his expenses through his own labor and keeps the orphan’s wealth preserved.
➍ The meaning of saving one’s own wealth through the orphan’s wealth is that, for example, if someone asks for a loan, he gives the orphan’s wealth and keeps his own safe; or he spends the orphan’s wealth on his personal needs and saves his own.
➎ Engaging in trade with the orphan’s wealth and giving the orphan his share (mudarabah) is permissible, but it is not permissible to trade with his wealth and keep all the profit for oneself, or to spend his wealth in the same unrestricted manner as one spends one’s own wealth.
➊ Consuming the wealth of an orphan is a grave sin. Allah the Exalted has said:
“Indeed, those who consume the wealth of orphans unjustly are only consuming fire into their bellies, and they will be burned in a blazing fire.” (An-Nisa 4:10)
➋ If the guardian of the orphan is poor, he may fulfill his most essential needs from the orphan’s wealth, but he cannot spend it on luxuries or comforts.
➌ Even for a poor person, it is better that he meets his expenses through his own labor and keeps the orphan’s wealth preserved.
➍ The meaning of saving one’s own wealth through the orphan’s wealth is that, for example, if someone asks for a loan, he gives the orphan’s wealth and keeps his own safe; or he spends the orphan’s wealth on his personal needs and saves his own.
➎ Engaging in trade with the orphan’s wealth and giving the orphan his share (mudarabah) is permissible, but it is not permissible to trade with his wealth and keep all the profit for oneself, or to spend his wealth in the same unrestricted manner as one spends one’s own wealth.
Source: Commentary on Sunan Ibn Mājah by Mawlānā ‘Atā’ullāh Sājid, Page: 2718
