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﴿ فَاسْأَلُوا أَهْلَ الذِّكْرِ إِن كُنتُمْ لَا تَعْلَمُونَ ﴾

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A man built a mosque with the money of orphans without their knowledge, and he is a trustee of this money. Is the prayer valid in this mosque, given that he is poor and has no money?

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The questioner : May Allah reward you, O honorable Shaykh, he says:The questioner : A man built a mosque with the money of orphans without their knowledge, and he is a trustee of this money. Is the prayer valid in this mosque, given that he is poor and has no money to return to the orphans?

The Shaykh : Yes, it is not permissible for the guardian of an orphan to donate any of his money. Pay attention: it is not permissible for the guardian of an orphan to donate any of his money. This includes building a mosque with the orphan's money. If he does so, he is liable for it. Therefore, we say that the prayer in this mosque is valid, and the guardian who built this mosque with the orphans' money must guarantee it for them. But if the orphans grow up, reach maturity, and exercise sound judgment, and they say, "We permit this," does the guardian have to guarantee anything? The answer is no, because they agreed to this with him. From this question, another question arises: if people are told to donate to Bosnia and Herzegovina, is it permissible for the guardian of an orphan to donate from the orphans' money to Bosnia and Herzegovina? The answer is no. Any donation from the orphans' money is not permissible. If the guardian donates, we hold him liable for it, because he has transgressed. Zakah is obligatory from the orphans' money; it is obligatory, and it must be paid out. Yes.
Source alathar.net

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

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