Who is the profit for when the guardian trades with the orphan's money?
Machine translationRead the Arabic original
The questioner : Then who does the profit belong to? It belongs to the orphan. If he were to say, "I will trade with it and take half the profit, as if I were a partner in a profit-sharing agreement,"
The Shaykh : The answer is no, it is not permissible because he is the guardian. However, if he gives it to someone else in a profit-sharing agreement, there is no harm, provided he sees a benefit in this. Yes.
The questioner : This is because al-'Ala' ibn 'Abd al-Rahman narrated from his father, from his grandfather, that 'Umar ibn al-Khattab gave him an orphan's money in a profit-sharing agreement. Also, because a person does this with his own money seeking benefit. The partner in the profit-sharing agreement gets from the profit what the guardian agreed to with him. The partner in the profit-sharing agreement gets from the profit what the guardian agreed to with him, because the guardian is his deputy in what is in his interest, and this is in his interest, so it is permissible, just as it is permissible for him to do it with his own money.
The Shaykh : The answer is no, it is not permissible because he is the guardian. However, if he gives it to someone else in a profit-sharing agreement, there is no harm, provided he sees a benefit in this. Yes.
The questioner : This is because al-'Ala' ibn 'Abd al-Rahman narrated from his father, from his grandfather, that 'Umar ibn al-Khattab gave him an orphan's money in a profit-sharing agreement. Also, because a person does this with his own money seeking benefit. The partner in the profit-sharing agreement gets from the profit what the guardian agreed to with him. The partner in the profit-sharing agreement gets from the profit what the guardian agreed to with him, because the guardian is his deputy in what is in his interest, and this is in his interest, so it is permissible, just as it is permissible for him to do it with his own money.
Source
قناة «فضيلة الشيخ محمد بن صالح العثيمين»، [4605] لمن يكون الربح إذا تاجر الولي بمال اليتيم - تعليقات على الكافي لابن عثيمين — youtube.com
The Arabic text is a machine transcription of the audio recording.
