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﴿ فَاسْأَلُوا أَهْلَ الذِّكْرِ إِن كُنتُمْ لَا تَعْلَمُونَ ﴾

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A guardian over orphans uses their car for his personal purposes

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Q: I am a man who has orphaned children, and I am their sole provider after Allah (Glorified and Exalted is He). The question, O honorable Shaykh: They have a high-end, two-door car, model (84). I take them to and from school and the clinic, and I bring them whatever they need from the market. Since the car is in my possession, I use it for things that concern me. Is there any sin on me for using it for my personal purposes? I only do my own work after I have fulfilled their needs. They have allowed me to do so, except for (3 children) who are young and for whom I do not have another car. Is it permissible for me to buy this car from them so that it is at my disposal? Some of them agreed to this, but (3 minors) have not reached puberty. Please inform us, may Allah reward you a thousand times, and may Allah preserve you, and peace be upon you and the mercy of Allah.
A: It is obligatory for the guardian of an orphan to preserve the orphan's wealth, and it is recommended to work to increase it; because of His saying, the Exalted:
And they ask you about orphans. Say, "Improvement for them is best.وَيَسْأَلُونَكَ عَنِ الْيَتَامَى قُلْ إِصْلاحٌ لَهُمْ خَيْرٌ
[Al-Baqarah 2:220]
, and His saying, the Exalted:
And do not approach the orphan's property except in a way that is bestوَلا تَقْرَبُوا مَالَ الْيَتِيمِ إِلا بِالَّتِي هِيَ أَحْسَنُ
[Al-An'am 6:152]
. Based on this, it is not permissible for the questioner to use the car of the orphans under his guardianship for his personal matters. If he uses it, he must pay the equivalent rental fee. The permission given by the legally competent orphans to the questioner to use the car does not make its use permissible as long as he shares ownership of it with those who are not legally competent. As for his buying that car, it is permissible if it is in the interest of those orphans.

Source www.alifta.gov.sa

The Arabic text is copied verbatim from the original source, without any edits.

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