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﴿ فَاسْأَلُوا أَهْلَ الذِّكْرِ إِن كُنتُمْ لَا تَعْلَمُونَ ﴾

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A guardian borrowing from the property of an orphan

Machine translationRead the Arabic original
The questioner : This questioner says: Borrowing from the property of an orphan in a state of need, and she will return it immediately when she has money.

The Shaykh : A person taking from the property of an orphan, whether he is the one looking after it or the guardian over it, is not permissible. This is because the rule is: whoever deals with the property of another, he does not deal with it for himself in any way, neither by borrowing, nor buying, nor selling. Therefore, it is not permissible for the guardian of an orphan to borrow anything from the orphan's property, even if there is a need for it. He should borrow from others, not from the orphan. Likewise, the agent does not borrow from the property for which he is the agent. Likewise, the overseer of an endowment does not borrow from the endowment. Likewise, the executor of a bequest of one-third does not borrow from what was bequeathed to him. And the rule, as you have learned, is that whoever has the property of another in his hand, he does not deal with it for himself.
Source ابن العثيمين - لقاء مفتوح في جدة — archive.org (35:07)

The Arabic text is a machine transcription of the audio recording.

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