Is it permissible for the guardian of an orphan to take anything from his money?
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The questioner:
May Allah reward you. This is a woman asking. She says: My husband passed away, and he left behind a daughter. I received ten thousand from her rights.
The Shaykh:
Yes.
The questioner:
My husband passed away, and I have a small daughter. I received twenty thousand riyals from her rights. Do I have the right to take anything from this money or not?
The Shaykh:
No, you have no right to take anything from this money. It is obligatory that a guardian be appointed by the court for this money. The judge appoints a guardian who manages this money and preserves it. If the judge appoints you, if the judge appoints you, there is no harm in you preserving it, taking care of it, and spending from it on her. There is no obstacle to you spending from it on her. As for taking something from it for yourself, no. This is a trust with you for this minor girl. Allah, Mighty and Majestic, says:[An-Nisa 4:6] meaning, test them. And He, Mighty and Majestic, says: [An-Nisa 4:10] It is obligatory to preserve the orphan's money and spend from it on him. The remainder that stays after spending on him is handed over to him when he reaches maturity, according to the command of Allah, Glorified and Exalted is He.
May Allah reward you. This is a woman asking. She says: My husband passed away, and he left behind a daughter. I received ten thousand from her rights.
The Shaykh:
Yes.
The questioner:
My husband passed away, and I have a small daughter. I received twenty thousand riyals from her rights. Do I have the right to take anything from this money or not?
The Shaykh:
No, you have no right to take anything from this money. It is obligatory that a guardian be appointed by the court for this money. The judge appoints a guardian who manages this money and preserves it. If the judge appoints you, if the judge appoints you, there is no harm in you preserving it, taking care of it, and spending from it on her. There is no obstacle to you spending from it on her. As for taking something from it for yourself, no. This is a trust with you for this minor girl. Allah, Mighty and Majestic, says:
And test the orphans [in their abilities] until they reach marriageable age. Then if you perceive in them sound judgement, release their property to them. And do not consume it excessively and quickly
وَابْتَلُوا الْيَتَامَىٰ حَتَّىٰ إِذَا بَلَغُوا النِّكَاحَ فَإِنْ آنَسْتُم مِّنْهُمْ رُشْدًا فَادْفَعُوا إِلَيْهِمْ أَمْوَالَهُمْ وَلَا تَأْكُلُوهَا إِسْرَافًا وَبِدَارًاIndeed, those who devour the property of orphans unjustly are only consuming into their bellies fire. And they will be burned in a Blaze.
إِنَّ الَّذِينَ يَأْكُلُونَ أَمْوَالَ الْيَتَامَىٰ ظُلْمًا إِنَّمَا يَأْكُلُونَ فِي بُطُونِهِمْ نَارًا وَسَيَصْلَوْنَ سَعِيرًا
Source
قناة «العلامة الدكتور صالح الفوزان»، هل يحل للوصي على اليتيم أن يأخذ من ماله شيئا؟ للشيخ الفوزان — youtube.com
The Arabic text is a machine transcription of the audio recording.