4. Sura an-Nisa

Medina 92 [Hijra 4]

The Quranic Text & Ali’s Version:

وَلاَ تُؤْتُواْ السُّفَهَاء ...

4: 5.     To those weak of understanding

C510. This applies to orphans, but the wording is perfectly general, and defines principles like those of Chancery in English Law and the Court of Wards in Indian Law.

Property has not only its rights but also its responsibilities. The owner may not do just what he likes absolutely; his right is limited by the good of his family of which he is a member, and if he is incapable of understanding it, his control should be removed.

This does not mean that he is harshly dealt with. On the contrary his interest must be protected, and he must be treated with special kindness because of his incapacity.

... أَمْوَالَكُمُ الَّتِي جَعَلَ اللّهُ لَكُمْ قِيَاماً...  

make not over your property, which Allah hath made a means of support for you,

C511. Your property: Ultimately all property belongs to Allah, and is intended for the support of his close relations.

It is held in trust by a particular individual. If he is incapable, he is put aside but gently and with kindness.

While his incapacity remains, the duties and responsibilities devolve on his guardian even more strictly than in the case of the original owner: for he may not take any of the profits for himself unless he is poor, and in that case his remuneration for his trouble must be on a scale that is no more than just and reasonable.

... وَارْزُقُوهُمْ فِيهَا وَاكْسُوهُمْ وَقُولُواْ لَهُمْ قَوْلاً مَّعْرُوفًا ﴿٥﴾

but feed and clothe them therewith, and speak to them words of kindness and justice.

وَإِذَا حَضَرَ الْقِسْمَةَ أُوْلُواْ الْقُرْبَى وَالْيَتَامَى وَالْمَسَاكِينُ فَارْزُقُوهُم مِّنْهُ ...  

4: 8.     But if at the time of division other relatives, of orphans, or poor, are present, feed them out of the (property),

... وَقُولُواْ لَهُمْ قَوْلاً مَّعْرُوفًا ﴿٨﴾  

and speak to them words of kindness and justice.

Other Versions:

4: 5 Speaking Kindly [ qaulam ma'ru_fa / qaulam maisu_ra_]

Asad And do not entrust to those who are weak of judgment the possessions which God has placed in your charge [note 6] for [their] support; but let them have their sustenance there from, and clothe them, and speak unto them in a kindly way.

Pickthall Give not unto the foolish (what is in) your (keeping of their) wealth, which Allah hath given you to maintain; but feed and clothe them from it, and speak kindly unto them.

Transliteration Wa la_ tu'tus sufaha_'a amwa_lakumul lati ja'alalla_hu lakum qiya_maw warzuqu_hum fiha_

4: 8

Asad And when [other] near of kin and orphans and needy persons are present at the distribution [of inheritance], give them something thereof for their sustenance, and speak unto them in a kindly way.

Pickthall And when kinsfolk and orphans and the needy are present at the division (of the heritage), bestow on them therefrom and speak kindly unto them.

Transliteration Wa iza_ hadaral qismata ulul qurba_ wal yata_ma_ wal masa_kinu farzuqu_hum minhu wa qu_lu_ lahum qaulam ma'ru_fa_(n).