Determining the Fee of the Appointed Guardian
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Question: A man has been the guardian (wasi) of a group of orphan minors for a period of about ten years. Their father left them a small amount of money, and this guardian increased it through buying and selling until it became hundreds of thousands. Is it permissible for this guardian to buy for himself from the money of these minors, like other people, without favoring himself, knowing that he sells to others on installments; such as cars, building materials, and other assets of these minors, and the guardian is in need of buying a car or building a house? Note that the guardian does not take any compensation for increasing the real estate funds or for the effort he exerts for them, but rather he does so seeking the reward from Allah.
Answer: Allah, Glorified and Exalted, says in His great Book regarding the guardians of orphans:[An-Nisa 4:6] The verse [Surat al-Nisa: 6].
And Allah has made it obligatory to be kind to orphans and to reform their affairs, as He, the Exalted, said:[An-Nisa 4:36] The verse [Surat al-Nisa: 36]. And He, the Exalted, said: [Al-Baqarah 2:220] The verse [Surat al-Baqarah: 220]. So if the guardian wants to take a fee for his work, or a share of the profit in his trade with their money, he must refer to the Shari'ah judge, so that he may determine for him what the pure Shari'ah requires in that matter. And success is from Allah.
Answer: Allah, Glorified and Exalted, says in His great Book regarding the guardians of orphans:
And whoever, [when acting as guardian], is self-sufficient should refrain [from taking a fee]; and whoever is poor - let him take according to what is acceptable.
وَمَن كَانَ غَنِيًّا فَلْيَسْتَعْفِفْ وَمَن كَانَ فَقِيرًا فَلْيَأْكُلْ بِالْمَعْرُوفِAnd Allah has made it obligatory to be kind to orphans and to reform their affairs, as He, the Exalted, said:
Worship Allah and associate nothing with Him, and to parents do good, and to relatives, orphans, the needy
وَاعْبُدُواْ اللّهَ وَلاَ تُشْرِكُواْ بِهِ شَيْئًا وَبِالْوَالِدَيْنِ إِحْسَانًا وَبِذِي الْقُرْبَى وَالْيَتَامَى وَالْمَسَاكِينِAnd they ask you about orphans. Say, "Improvement for them is best. And if you mix your affairs with theirs - they are your brothers. And Allah knows the corrupter from the amender
وَيَسْأَلُونَكَ عَنِ الْيَتَامَى قُلْ إِصْلاَحٌ لَّهُمْ خَيْرٌ وَإِنْ تُخَالِطُوهُمْ فَإِخْوَانُكُمْ وَاللّهُ يَعْلَمُ الْمُفْسِدَ مِنَ الْمُصْلِحِ
Source
binbaz.org.sa
The Arabic text is copied verbatim from the original source, without any edits.
