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Surah 4. An-Nisaa'

Ayah 6

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6وَٱبْتَلُوا۟ ٱلْيَتَـٰمَىٰ 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

[6] And go on observing and testing the orphans until they reach the marriageable age:9 then if you perceive that they have become capable, deliver to them their property10 Be on your guard against devouring their property unjustly and wastefully and hastily lest they should grow up to demand it. If the guardian of an orphan is rich, let him abstain from the orphan's property, and if poor, let him eat of it fairly.11 When you hand over to them their property, then have some people to witness it, and Allah suffices as Reckoner.

9That is, "When they are about to attain their puberty, keep an eye upon them and go on testing their intelligence in order to see how far they have become capable of looking after their own affairs."

10Two conditions of puberty and capability have been laid down for the return of their property to the orphans. As to the application of the first condition, there is consensus among the scholars of law, but in regard to the second condition there is some difference of opinion. Imam Abu Hanifah is of the opinion that if the orphan lacks capability when he reaches the age of puberty, his guardian may wait for a maximum period of seven years, and then he must return this property to him whether he shows signs of capability or not. But Imam Abu Yusuf, Imam Muhammad and Imam Shaf'i are of the opinion that capability is a pre-requisite for .the return of his property to the orphan. Probably these latter scholars were inclined to the opinion that the case of such a person should be referred to a Muslim judge, who would himself arrange for the management of the property of the one who has not acquired capability of management.

11That is, "He should charge for his services only that much as may be considered fair by every unbiased person and that he should charge openly and keep an account of it."

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