The Ruling on a Guardian Spending the Orphans' Money
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A brother sent a message, and the sender is: (A. S. A). Our brother asks and says: I have money belonging to minor orphan boys, and the amount is approximately one hundred thousand riyals. Circumstances compelled me to spend it. What should I do regarding my situation, knowing that I am currently unable to repay it? Please guide us, may Allah reward you with good?
Answer: In any case, you have done wrong in this, and it was obligatory for you to place it in a way that would grow it. But instead, you spent it on your needs. This is undoubtedly a wrong and an error on your part. So you must repent to Allah and return to Him (Glorified and Exalted is He), and you must exert your utmost effort to recover it, then remove it from your hand to a place that will grow it, either through a profit-sharing partnership, or by purchasing goods to sell on credit that will benefit these minors, or by other means that grow this money in a lawful and secure manner. This is what is obligatory for you, so that perhaps Allah will deliver you from this money with which you have been afflicted. The orphans are a trust, and their right is a trust. So it is obligatory for the guardian to fear Allah regarding them, and to grow their money and strive for the ways that cause its profit and growth, instead of destroying it or spending it on his needs. We ask Allah to help you, facilitate your affairs, and grant you sincere repentance. Yes.
The presenter: What is his position with these orphans, Your Eminence? Should he be frank with them?
The Shaykh: There is no need for frankness; because they are minors, and this may harm them and may hurt them. But he should strive between himself and Allah, even by borrowing if it is feasible. He borrows, he borrows until the debt is owed to others, meaning: a person who demands repayment. As for these, they are minors who do not know how to demand repayment, and may not care about them. But if he borrows and takes a loan from others, the owner of the loan may demand it from him, which may compel him to exert effort and strive in seeking livelihood and being careful about works from which he can repay it. Yes.
The presenter: May Allah bless you. When a person is a guardian over orphans, perhaps there is advice from Shaykh Abdul Aziz?
The Shaykh: The advice is to fear Allah in that, and to protect them and safeguard their money, and to raise them with a Shari'ah upbringing, and to teach them what benefits them and forbid them from what harms them, and to strive in everything that benefits them in their religion and their worldly affairs. This includes striving to grow their money through lawful means that he is able to do, either by purchasing real estate for them to be rented out and benefit them, or by placing it in the hands of a trustworthy person who will grow this money and trade in it, or by investing it in something secure, such as lands or otherwise, so that they obtain benefit from it. The meaning is that he strives in everything that benefits them in religion and worldly affairs, and does not fall short or be lax. Yes.
The presenter: So he does not extend his hands to their money in this state except to invest it for them?
The Shaykh: Yes, except for what Allah mentioned, if he is poor, he eats in a moderate manner, just as the Mighty and Majestic said regarding that: [Surat al-Nisa: 6], meaning he eats with them in a moderate manner without injustice. Yes.
The presenter: May Allah reward you.
Answer: In any case, you have done wrong in this, and it was obligatory for you to place it in a way that would grow it. But instead, you spent it on your needs. This is undoubtedly a wrong and an error on your part. So you must repent to Allah and return to Him (Glorified and Exalted is He), and you must exert your utmost effort to recover it, then remove it from your hand to a place that will grow it, either through a profit-sharing partnership, or by purchasing goods to sell on credit that will benefit these minors, or by other means that grow this money in a lawful and secure manner. This is what is obligatory for you, so that perhaps Allah will deliver you from this money with which you have been afflicted. The orphans are a trust, and their right is a trust. So it is obligatory for the guardian to fear Allah regarding them, and to grow their money and strive for the ways that cause its profit and growth, instead of destroying it or spending it on his needs. We ask Allah to help you, facilitate your affairs, and grant you sincere repentance. Yes.
The presenter: What is his position with these orphans, Your Eminence? Should he be frank with them?
The Shaykh: There is no need for frankness; because they are minors, and this may harm them and may hurt them. But he should strive between himself and Allah, even by borrowing if it is feasible. He borrows, he borrows until the debt is owed to others, meaning: a person who demands repayment. As for these, they are minors who do not know how to demand repayment, and may not care about them. But if he borrows and takes a loan from others, the owner of the loan may demand it from him, which may compel him to exert effort and strive in seeking livelihood and being careful about works from which he can repay it. Yes.
The presenter: May Allah bless you. When a person is a guardian over orphans, perhaps there is advice from Shaykh Abdul Aziz?
The Shaykh: The advice is to fear Allah in that, and to protect them and safeguard their money, and to raise them with a Shari'ah upbringing, and to teach them what benefits them and forbid them from what harms them, and to strive in everything that benefits them in their religion and their worldly affairs. This includes striving to grow their money through lawful means that he is able to do, either by purchasing real estate for them to be rented out and benefit them, or by placing it in the hands of a trustworthy person who will grow this money and trade in it, or by investing it in something secure, such as lands or otherwise, so that they obtain benefit from it. The meaning is that he strives in everything that benefits them in religion and worldly affairs, and does not fall short or be lax. Yes.
The presenter: So he does not extend his hands to their money in this state except to invest it for them?
The Shaykh: Yes, except for what Allah mentioned, if he is poor, he eats in a moderate manner, just as the Mighty and Majestic said regarding that:
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.
وَمَنْ كَانَ غَنِيًّا فَلْيَسْتَعْفِفْ وَمَنْ كَانَ فَقِيرًا فَلْيَأْكُلْ بِالْمَعْرُوفِThe presenter: May Allah reward you.
Source
binbaz.org.sa
The Arabic text is copied verbatim from the original source, without any edits.