Muhammad Shafi, Mufti
Surah No. 4 Al-Nisa
Verse Number 2
In the Name of Allah, The Most Beneficent, The Most Merciful
And you are the orphans of their parents, and do not change evil with good.
And give the orphans their wealth. Do not exchange bad wealth for good wealth. Do not eat their wealth with your wealth. This is a great calamity.
Protection of the rights of orphans and their property
In the first verse, after stating the absolute protection of relatives and paying their rights in a general manner, in the second verse, there is an order to protect the property of orphans and prohibit any kind of abuse on their behalf, because the guardian of an orphan child. And the wali is usually a relative of his, so it is also related to the payment of the right of kinship.
In the first sentence, it says, "Watwaliyatami amwalham," which translates as "give the wealth of the orphans to them." The literal meaning of yatim is single and unique. That's why the one who is alone in a pearl oyster is called an orphan. In Shariah, a child is called an orphan whose father is dead, and among animals, he is called an orphan whose mother is dead. It is specified in Hadith Sharif that there is no orphan after puberty, that is, "No orphan remains after puberty" (Mishkwah Sharif, p. 482).
If there is any property in the possession of orphans which has been bequeathed to them by someone, or has reached them as an inheritance, then the guardian of the orphan's property is also responsible for the protection of the orphan's property, even if this guardian may have been appointed by his dead father himself, or a guardian has been appointed by the government, as well as the guardian is also required to cover the orphan's necessary expenses from his wealth, but his Don't give the wealth to him before he reaches adulthood, because he is an ignorant child and will waste it somewhere. So in the sentence of the verse, which was said to convey the wealth of orphans to them, the explanation of this will come in the fifth verse. In which it is mentioned that you should deliver their wealth to them when you see that they have reached maturity and have learned to distinguish between their profit and loss and good and bad.
Therefore, in this verse, conveying the property of orphans to them means protecting these properties so that they can be delivered to them in due time. It is not only that he should not eat or waste the property of the orphan himself, but it is also one of his duties to protect it and enable it to be found after he becomes an adult.
It is stated in the second sentence, Wilatatbadluwa al-khabeith bal-tayyib, meaning "Do not exchange a good thing for a bad thing." Some people used to keep the number of the orphan's property safe, but whatever good thing was found in it, he took it himself and replaced it with his bad. Keeping the thing, he exchanged a weak, sick goat for a good goat, or he exchanged a goat for hard cash.Because the property of an orphan is a betrayal and it was possible for someone's soul to think that we had not taken the orphan's property but had exchanged it, the Holy Quran has explicitly prohibited it. In this prohibition as it is Similarly, it is permissible to engage in an exchange with another person in which the orphan is at a loss.
In the third sentence, he said, "Wala ta kalwa amwalaham ali amwalkam," that is, "Don't eat the property of orphans by mixing it with your property." eat or eat separately, but what usually happens is that he kept the wealth of the orphans in his wealth, ate from it himself, and fed the orphans as well. The follower of Shari'ah may also be deceived that there is no sin in it, so he specifically mentioned the sanctity of eating with his property and warned him to either keep the orphan's property completely separate or separate it. Spend it in such a way that there is no danger of excess, or if you keep it together, keep it in such a way that you are sure that the orphan's wealth did not come into your personal expenses. And Allah knows the corruption of the reformers.
In this style of statement, it was also pointed out that those who take away the wealth of orphans are usually those who have their own wealth, so they were given the title while they have their own halal wealth. Eating the property of orphans unlawfully is a matter of great shirk.
The verse mentions the prohibition of eating the wealth of an orphan, because the most important benefit of wealth is food, but in the proverb, every disposal of wealth is called food, whether by using it or eating it. As Lataklava has also said in the same idiom, every illegal disposition is included in it, therefore it is forbidden to spend the property of an orphan illegally in any way.
In the last sentence of the verse, he said, "The ear is great." According to Ibn Abbas, the word "hub" is a word of the Abyssinian language, and it means a great sin. In Arabic, this word is also used for the same meaning. Any kind of wrongful disposal of an orphan's property, whether it is due to lack of security, by taking a good thing in exchange for a bad thing, or by mixing it with your own property and eating his property, is a great sin and the property of the orphan The strict vow to eat is coming at the end of this ruku.
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