Rules and Sharʿi Limits Regarding the Wealth of Orphans
✍ Written by: Imran Ayyub Lahori
❀ No Permission for Orphans to Use Wealth Until Maturity of Understanding
➊ Allah Almighty says:
فَإِنْ آنَسْتُم مِّنْهُمْ رُشْدًا فَادْفَعُوا إِلَيْهِمْ أَمْوَالَهُمْ [النساء: 6]
“When you perceive in them sound judgment, then deliver to them their wealth.”
According to the majority (Hanafis, Hanbalis, Malikis), rushd means the ability to use wealth, benefit from it, protect it, improve it, and recognize the proper ways of managing it, even if the person is a sinner.
References: [بدائع الصنائع: 170/7 ، الدر المختار: 105/5 ، بداية المجتهد: 278/2 ، المغنى: 467/4 ، كشاف القناع: 433/3]
In Minhaj al-Sunnah it is stated: When a child reaches puberty, the restriction is lifted. However, if even after puberty the child remains unintelligent, then the restriction continues as before.
Reference: [منهاج مع معنى المحتاج: 166/2]
❀ Signs of Puberty
Different Ahadith explain the signs of puberty:
➊ Prophet ﷺ said:
لا يَتْمَ بَعْدَ احْتِلَامٍ
“There is no orphanhood after reaching puberty.”
Reference: [صحيح: صحيح ابو داود: 2497 …]
➋ Narration of Ibn ʿUmar (RA):
At the Battle of Uhud, he was 14 years old and was not allowed to participate. At the Battle of Khandaq, he was 15 and was given permission.
Reference: [بخاري: 4097 …]
➌ On the day of Banu Qurayzah, whoever had grown pubic hair was executed, and whoever did not was spared.
Reference: [صحيح: صحيح ابو داود: 3704 …]
◈ From these narrations, three signs of puberty emerge:
① Emission in a dream (wet dream)
② Fifteen years of age
③ Growth of pubic hair
It is agreed upon that ihtilam with emission is a sign of puberty.
Reference: [نيل الأوطار: 637/3]
- According to Imam Abu Hanifah (رح): A boy reaches puberty at 18 years, and a girl at 17 years.
References: [الأم: 247/3 ، الحاوى: 342/6 ، الهداية: 284/3 …] - According to the majority: Both boys and girls reach puberty at 15 years.
Reference: [نيل الأوطار: 637/3] - Growth of pubic hair is also a sign of puberty.
References: [حلیة العلماء: 533/4 …]
❀ Guardian’s Right to Use Orphan’s Wealth Moderately
➊ Allah Almighty says:
وَمَن كَانَ غَنِيًّا فَلْيَسْتَعْفِفْ ۖ وَمَن كَانَ فَقِيرًا فَلْيَأْكُلْ بِالْمَعْرُوفِ [النساء: 6]
“Whoever is rich should abstain, and whoever is poor may consume (from it) in a fair manner.”
➋ ʿAishah (RA) said: This verse was revealed concerning the guardian of the orphan, that if he is poor, he may eat from the orphan’s wealth in a reasonable manner.
Reference: [بخاري: 4575 ، مسلم: 3019]
➌ A man came to the Messenger of Allah ﷺ and said: “I am poor and have nothing, and I am the guardian of an orphan.” The Prophet ﷺ said:
كل من مال يتيمك غير مسرف ولا مبادر ولا متأثل
“Eat from your orphan’s wealth, but do not be extravagant, nor consume it quickly, nor hoard it.”
Reference: [حسن: إرواء الغليل: 277/5 …]
❀ Unlawfully Consuming Orphans’ Wealth is Forbidden
➊ Allah Almighty says:
إِنَّ الَّذِينَ يَأْكُلُونَ أَمْوَالَ الْيَتَامَىٰ ظُلْمًا إِنَّمَا يَأْكُلُونَ فِي بُطُونِهِمْ نَارًا ۖ وَسَيَصْلَوْنَ سَعِيرًا [النساء: 10]
“Indeed, those who consume the wealth of orphans unjustly are only consuming fire into their bellies, and they will be burned in a Blaze.”
➋ The Messenger of Allah ﷺ counted among the seven destructive sins:
أكل مال اليتيم
“Consuming the wealth of orphans unjustly.”
Reference: [بخاري: 2560 ، مسلم: 129]
That is why ʿAishah (RA) used to invest the wealth of orphans in trade.
Reference: [مؤطا: 251/1]
