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﴿ فَاسْأَلُوا أَهْلَ الذِّكْرِ إِن كُنتُمْ لَا تَعْلَمُونَ ﴾

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A man is a legal guardian for orphans, so when is he entitled to give them the money that belongs to them?

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The questioner : May Allah reward the honorableThe Shaykh : I am a legal guardian for orphans, and their mother is my sister. Their money is in my possession, and they have a stable source of income, which is the rent from a building that covers their needs. My question is: when am I entitled to give them the money that belongs to them? And if the eldest child is fourteen years old and their mother is ignorant, when are they entitled to take their money, even though she is with me in a safe place?

The Shaykh : Allah, Mighty and Majestic, has issued a ruling for us in this matter. He, the Exalted and Sublime, said:
And test the orphans وَابْتَلُوا الْيَتَامَى
meaning, test them in buying and selling.
until they reach marriageable age حَتَّى إِذَا بَلَغُوا النِّكَاحَ
[An-Nisa 4:6]
Then if you perceive in them sound judgement, release their property to them. فَإِنْ آنَسْتُمْ مِنْهُمْ رُشْدًا فَادْفَعُوا إِلَيْهِمْ أَمْوَالَهُمْ
[An-Nisa 4:6]
"You perceive" means you see and realize that they are of sound judgment. Then give them their wealth. Based on this, we say that these orphans, the eldest of whom is fourteen years old, should not be given their money until they reach maturity and you know that they are of sound judgment, such that they handle the money wisely. Then give them the money, for Allah has clarified this in the Qur'an
until they reach marriageable age. Then if you perceive in them sound judgement, release their property to them حَتَّى إِذَا بَلَغُوا النِّكَاحَ فَإِنْ آنَسْتُمْ مِنْهُمْ رُشْدًا فَادْفَعُوا إِلَيْهِمْ أَمْوَالَهُمْ
[An-Nisa 4:6]
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Source alathar.net

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

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