Property -Orphans, etc.

4:2 Hence, render unto the orphans their possessions, and do not substitute bad things [of your own] for the good things [that belong to them], and do nt consume their possessions together with your own: this, verily is a great crime.

4: 5 Custody & responsibility

Sura-4 [Al Nissa Medina 92]

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.

وَابْتَلُواْ الْيَتَامَى حَتَّىَ إِذَا بَلَغُواْ النِّكَاحَ ...

4:6.     Make trial of orphans until they reach the age of marriage;

C512. The age of marriage is the age when they reach their majority.

... فَإِنْ آنَسْتُم مِّنْهُمْ رُشْدًا فَادْفَعُواْ إِلَيْهِمْ أَمْوَالَهُمْ...  

if then ye find sound judgment in them, release their property to them;

... وَلاَ تَأْكُلُوهَا إِسْرَافًا وَبِدَارًا أَن يَكْبَرُواْ ...

but consume it not wastefully, nor in haste against their growing up.

... وَمَن كَانَ غَنِيًّا فَلْيَسْتَعْفِفْ وَمَن كَانَ فَقِيرًا فَلْيَأْكُلْ بِالْمَعْرُوفِ...  

If the guardian is well-off, let him claim no remuneration, but if he is poor, let him have for himself what is just and reasonable.

... فَإِذَا دَفَعْتُمْ إِلَيْهِمْ أَمْوَالَهُمْ فَأَشْهِدُواْ عَلَيْهِمْ...  

When ye release their property to them, take witnesses in their presence:

... وَكَفَى بِاللّهِ حَسِيبًا ﴿٦﴾

but all-sufficient is Allah in taking account.

C513. It is good to take human witnesses when you faithfully discharge your trust; but remember that, however fully you satisfy your fellow-men when you give your account to them, there is a stricter account due from you to Allah.

If you are righteous in Allah's eyes, you must follow these stricter standards.

إِنَّ الَّذِينَ يَأْكُلُونَ أَمْوَالَ الْيَتَامَى ظُلْمًا إِنَّمَا يَأْكُلُونَ فِي بُطُونِهِمْ نَارًا...   

4:10.  Those who unjustly eat up the property of orphans, eat up a fire into their own bodies:

... وَسَيَصْلَوْنَ سَعِيرًا ﴿١٠﴾

they will soon be enduring a blazing fire!    

Other versions:

4: 5

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.

Yusuf Ali To those weak of understanding make not over your property which Allah hath made a means of support for you but feed and clothe them therewith and speak to them words of kindness and justice.

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_ waksu_hum wa qu_lu_ lahum qaulam ma'ru_fa_(n).

[Asad’s note 6 – Lit., “your possession which God has assigned to you”. The context makes it obvious that this relates to the property of orphans who have not yet reached t he age of discretion and are, therefore, “weak of judgment” (lit., “weak-minded”). ]]

[[ Ali’s notes - 510 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. (4.5)

511 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. (4.5)

512 The age of marriage is the age when they reach their majority. (4.6)

513 It is good to take human witnesses when you faithfully discharge your trust; but remember that, however fully you satisfy your fellow-men when you give your account to them, there is a stricter account due from you to Allah. If you are righteous in Allah's eyes, you must follow these stricter standards. (4.6) ]]

4: 6

Yusuf Ali Make trial of orphans until they reach the age of marriage; if then ye find sound judgment in them release their property to them; but consume it not wastefully nor in haste against their growing up. If the guardian is well-off let him claim no remuneration but if he is poor let him have for himself what is just and reasonable. When ye release their property to them take witnesses in their presence: but all-sufficient is Allah in taking account.

Pickthall Prove orphans till they reach the marriageable age; then, if ye find them of sound judgment, deliver over unto them their fortune; and devour it not squandering and in haste lest they should grow up. Whoso (of the guardians) is rich, let him abstain generously (from taking of the property of orphans); and whoso is poor let him take thereof in reason (for his guardianship). And when ye deliver up their fortune unto orphans, have (the transaction) witnessed in their presence. Allah sufficeth as a Reckoner.

Transliteration Wabtalul yata_ma_ hatta_ iza_ balagun nika_h(a), fa in a_nastum minhu rusydan fadfa'u_ ilaihim amwa_lahum, wa la_ ta'kulu_ha_ isra_faw wa bida_ran ay yakbaru_, wa man ka_na ganiyyan falyasta'fif, wa man ka_na faqiran falya'kul bil ma'ru_f(i), fa iza_ dafa'tum ilaihim amwa_lahum fa asyhidu_'alaihim, wa kafa_ billa_hi hasiba_(n).

4: 10

Asad Behold, those who sinfully devour the possessions of orphans but fill their bellies with fire: they will have to endure a blazing flame!

Yusuf Ali Those who unjustly eat up the property of orphans eat up a fire into their own bodies: they will soon be enduring a blazing fire!

Pickthall Lo! Those who devour the wealth of orphans wrongfully, they do but swallow fire into their bellies, and they will be exposed to burning flame.

Transliteration Innal lazina ya'kulu_na amwa_lal yata_ma_ zulman innama_ ya'kulu_na fi butu_nihim na_ra_(n), wa sayaslauna sa'ira_(n).