The guardian of an orphan taking a fee for his work in the orphan's wealth
Machine translationRead the Arabic original
The questioner:
Honorable Shaykh, may Allah grant you success, the guardian's hand is a hand of trust, but is there a difference between a volunteer guardian and one who takes a fee?
The Shaykh:
What is a guardian? A guardian of what? The guardian of a woman or the guardian of an orphan? What is meant by "guardian" here? Yes.
The questioner:
Honorable Shaykh, may Allah grant you success, if it is a woman.
The Shaykh:
As for the guardian of an orphan who takes charge of him, if he is poor, Allah has permitted him to take a reward for his work in the orphan's wealth, if he trades with it, if he engages in a profit-sharing partnership with it, if he increases it, then he takes the lesser of his maintenance or the fee of his like, or the fee of his like for his work. But if he does nothing for the orphan, then he is not permitted to take anything from the orphan's wealth; he only takes in return for his work.[An-Nisa 4:6], so he should not eat absolutely, but rather in a known manner, and the known manner is determined by the judge and the court, which sets this amount for him. Yes.
Honorable Shaykh, may Allah grant you success, the guardian's hand is a hand of trust, but is there a difference between a volunteer guardian and one who takes a fee?
The Shaykh:
What is a guardian? A guardian of what? The guardian of a woman or the guardian of an orphan? What is meant by "guardian" here? Yes.
The questioner:
Honorable Shaykh, may Allah grant you success, if it is a woman.
The Shaykh:
As for the guardian of an orphan who takes charge of him, if he is poor, Allah has permitted him to take a reward for his work in the orphan's wealth, if he trades with it, if he engages in a profit-sharing partnership with it, if he increases it, then he takes the lesser of his maintenance or the fee of his like, or the fee of his like for his work. But if he does nothing for the orphan, then he is not permitted to take anything from the orphan's wealth; he only takes in return for his work.
And whoever, [when acting as guardian], is self-sufficient should refrain [from taking a fee]; and whoever is poor - let him take according to what is acceptable.
وَمَن كَانَ غَنِيًّا فَلْيَسْتَعْفِفْ وَمَن كَانَ فَقِيرًا فَلْيَأْكُلْ بِالْمَعْرُوفِ
Source
شرح بلوغ المرام من أدلة الأحكام [ صالح الفوزان ]، باب الشفعة — islamhouse.com (1:06:05)
The Arabic text is a machine transcription of the audio recording.