The One in Charge of the Affairs of the Orphans
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Fatwa No. ( 20676 )
Q: I am the guardian of five of my younger brothers, and each of them had his share of the inheritance after the death of our father (may Allah have mercy on him). A period of time passed while their money was in the bank, and I used to pay its zakah whenever the lunar year of possession completed. I was unable to invest the total of their money in something beneficial due to my lack of experience and knowledge of trade matters, and I feared that if I risked it in a commercial project, it might be exposed to loss or the like. And if I left it as it is, as you know, the zakah would consume it as the years pass. Therefore, I decided to dispose of it and add it to the money that belongs to me as a loan. I added it to my money after detailing it in a separate ledger specifying the amount of each one of them, and I informed my mother, my wife, and my adult brothers of this. Then I bought a residence specifically for myself because of my need for it, and I intended by that to secure their money and preserve it by the permission of Allah, whether from entering it into an investment project that might not succeed, or from the zakah consuming it as the years pass, until one of them reaches maturity and I perceive wisdom in him, at which point I will hand over his share to him. I inform you that, by the praise of Allah, I am now an employee with a good income, and I am able, if Allah wills, to provide the amount needed by any of them at the proper time.
The question, O Noble Shaykh: Is this action of mine sound and free from any objection? And is there zakah in what I borrowed from their money? If there is zakah, do I bear it from my personal money on their behalf, or does it fall upon their money? Please give us a ruling, may you be rewarded, may Allah reward you with good.
A: It is obligatory for you to preserve the money of the orphans until they reach maturity and you hand it over to them, whether by yourself or by someone you trust. If you increase it through lawful means for their benefit, that is better, due to the saying of Allah the Exalted:[Al-An'am 6:152] . Paying its zakah every year is what is obligatory; because you are their guardian and their representative in that. As for your borrowing from it, incorporating it into your money, and disposing of it for yourself, it is forbidden for you, and it does not remove the obligatory zakah in their money. So you must hasten to return what you took from it and preserve it for them until you hand it over to them after maturity and wisdom. And success is from Allah, and may Allah send prayers and blessings upon our Prophet Muhammad, his family, and his Companions.
Q: I am the guardian of five of my younger brothers, and each of them had his share of the inheritance after the death of our father (may Allah have mercy on him). A period of time passed while their money was in the bank, and I used to pay its zakah whenever the lunar year of possession completed. I was unable to invest the total of their money in something beneficial due to my lack of experience and knowledge of trade matters, and I feared that if I risked it in a commercial project, it might be exposed to loss or the like. And if I left it as it is, as you know, the zakah would consume it as the years pass. Therefore, I decided to dispose of it and add it to the money that belongs to me as a loan. I added it to my money after detailing it in a separate ledger specifying the amount of each one of them, and I informed my mother, my wife, and my adult brothers of this. Then I bought a residence specifically for myself because of my need for it, and I intended by that to secure their money and preserve it by the permission of Allah, whether from entering it into an investment project that might not succeed, or from the zakah consuming it as the years pass, until one of them reaches maturity and I perceive wisdom in him, at which point I will hand over his share to him. I inform you that, by the praise of Allah, I am now an employee with a good income, and I am able, if Allah wills, to provide the amount needed by any of them at the proper time.
The question, O Noble Shaykh: Is this action of mine sound and free from any objection? And is there zakah in what I borrowed from their money? If there is zakah, do I bear it from my personal money on their behalf, or does it fall upon their money? Please give us a ruling, may you be rewarded, may Allah reward you with good.
A: It is obligatory for you to preserve the money of the orphans until they reach maturity and you hand it over to them, whether by yourself or by someone you trust. If you increase it through lawful means for their benefit, that is better, due to the saying of Allah the Exalted:
And do not approach the orphan's property except in a way that is best until he reaches maturity
وَلاَ تَقْرَبُوا مَالَ الْيَتِيمِ إِلا بِالَّتِي هِيَ أَحْسَنُ حَتَّى يَبْلُغَ أَشُدَّهُ
Source
www.alifta.gov.sa
The Arabic text is copied verbatim from the original source, without any edits.