Tafsir

Holding the Property of the Unwise in Escrow

Allah prohibited giving the unwise the freedom to do as they wish with wealth, which Allah has made as a means of support for people. This ruling sometimes applies because of being young, as young people are incapable of making wise decisions. It also applies in cases of insanity, erratic behavior and having a weak intellect or religious practice. It applies in cases of bankruptcy, when the debtors ask that the property of a bankrupt person is put in escrow, when his debts cannot be paid off with his money. Ad-Dahhak reported that Ibn `Abbas said that Allah's statement,وَلاَ تُؤْتُواْ السُّفَهَآءَ أَمْوَلَكُمُ(And give not unto the unwise your property) refers to children and women. Similar was also said by Ibn Mas`ud, Al-Hakam bin `Uyaynah, Al-Hasan and Ad-Dahhak: "Women and boys." Sa`id bin Jubayr said that `the unwise' refers to the orphans. Mujahid, `Ikrimah and Qatadah said; "They are women."Spending on the Unwise with Fairness

Allah said,وَارْزُقُوهُمْ فِيهَا وَاكْسُوهُمْ وَقُولُواْ لَهُمْ قَوْلاً مَّعْرُوفاً(but feed and clothe them therewith, and speak to them words of kindness and justice.) `Ali bin Abi Talhah said that Ibn `Abbas commented, "Do not give your wealth, what Allah has made you responsible for and made a means of sustenance to you, to your wife or children. Rather, hold on to your money, take care of it, and be the one who spends on them for clothes, food and provision." Mujahid said that the Ayah,وَقُولُواْ لَهُمْ قَوْلاً مَّعْرُوفاً(and speak to them words of kindness and justice.) refers to kindness and keeping good relations. This honorable Ayah commands kind treatment, in deed, with family and those under one's care. One should spend on them for clothes and provisions, and be good to them, such as saying good words to them.

Giving Back the Property of the Orphans When They Reach Adulthood

Allah said,وَابْتَلُواْ الْيَتَـمَى(And test orphans) meaning, test their intelligence, as Ibn `Abbas, Mujahid, Al-Hasan, As-Suddi and Muqatil bin Hayyan stated.حَتَّى إِذَا بَلَغُواْ النِّكَاحَ(until they reach the age of marriage), the age of puberty, according to Mujahid. The age of puberty according to the majority of scholars comes when the child has a wet dream. In his Sunan, Abu Dawud recorded that `Ali said, "I memorized these words from the Messenger of Allah ﷺ ,«لَا يُتْمَ بَعْدَ احْتِلَامٍ، وَلَا صُمَاتَ يَوْمٍ إِلَى اللَّيْل»(There is no orphan after the age of puberty nor vowing to be silent throughout the day to the night.) In another Hadith, `A'ishah and other Companions said that the Prophet said,«رُفِعَ الْقَلَمُ عَنْ ثَلَاثَةٍ، عَنِ الصَّبِيِّ حَتَّى يَحْتَلِمَ، وَعَنِ النَّائِمِ حَتَّى يَسْتَيْقِظَ، وَعَنِ الْمَجْنُونِ حَتَّى يُفِيق»(The pen does not record the deeds of three persons: the child until the age of puberty, the sleeping person until waking up, and the senile until sane.) Or, the age of fifteen is considered the age of adolescence.

In the Two Sahihs, it is recorded that Ibn `Umar said, "I was presented in front of the Prophet on the eve of the battle of Uhud, while I was fourteen years of age, and he did not allow me to take part in that battle. But I was presented in front of him on the eve of the battle of Al-Khandaq (The Trench) when I was fifteen years old, and he allowed me (to join that battle)." `Umar bin `Abdul-`Aziz commented when this Hadith reached him, "This is the difference between a child and an adult." There is a difference of opinion over whether pubic hair is considered a sign of adulthood, and the correct opinion is that it is. The Sunnah supports this view, according to a Hadith collected by Imam Ahmad from `Atiyah Al-Qurazi who said, We were presented to the Prophet on the day of Qurizah, whoever had pubic hair was killed, whoever did not was left free to go, I was one of those who did not, so I was left free." The Four Sunan compilers also recorded similar to it.

At-Tirmidhi said, "Hasan Sahih." Allah's statement,فَإِنْ ءَانَسْتُمْ مِّنْهُمْ رُشْداً فَادْفَعُواْ إِلَيْهِمْ أَمْوَلَهُمْ(if then you find sound judgment in them, release their property to them,) Sa`id bin Jubayr said that this portion of the Ayah means, when you find them to be good in the religion and wise with their money. Similar was reported from Ibn `Abbas, Al-Hasan Al-Basri and others among the Imams. The scholars of Fiqh stated that when the child becomes good in the religion and wise concerning with money, then the money that his caretaker was keeping for him should be surrendered to him.

Poor Caretakers are Allowed to Wisely Spend from the Money of the

Orphan Under Their Care, to Compensate for Their Work

Allah said,وَلاَ تَأْكُلُوهَآ إِسْرَافاً وَبِدَاراً أَن يَكْبَرُواْ(But consume it not wastefully and hastily, fearing that they should grow up.) Allah commands that the money of the orphan should not be spent unnecessarily,إِسْرَافاً وَبِدَاراً(Wastefully and hastily) for fear they might grow up. Allah also commands,وَمَن كَانَ غَنِيّاً فَلْيَسْتَعْفِفْ(And whoever among guardians is rich, he should take no wages,) Hence, the guardian who is rich and does not need the orphan's money, should not take any of it as wages.وَمَن كَانَ فَقِيراً فَلْيَأْكُلْ بِالْمَعْرُوفِ(but if he is poor, let him have for himself what is just and reasonable.) Ibn Abi Hatim recorded that `A'ishah said, "This Ayah,وَمَن كَانَ غَنِيّاً فَلْيَسْتَعْفِفْ وَمَن كَانَ فَقِيراً فَلْيَأْكُلْ بِالْمَعْرُوفِ(And whoever among guardians is rich, he should take no wages, but if he is poor, let him have for himself what is just and reasonable.) was revealed about the guardian of the orphan and pertains to whatever work he does for the orphan's estate. " Al-Bukhari also collected this Hadith.

Imam Ahmad recorded that `Amr bin Shu`ayb said that his father said that his father told him that a man asked the Messenger of Allah ﷺ , "I do not have money, but I have an orphan under my care." The Messenger ﷺ said,«كُلْ مِنْ مَالِ يَتِيمِكَ غَيْرَ مُسْرِفٍ وَلَا مُبَذِّرٍ وَلَا مُتَأَثِّلٍ مَالًا، وَمِنْ غَيْرِ أَنْ تَقِيَ مَالَكَ أَوْ قَالَ تَفْدِيَ مَالَكَ بِمَالِه»(Eat from your orphan's wealth without extravagance or wastefulness, or mixing it, and without saving your money by spending his.)" Allah said,فَإِذَا دَفَعْتُمْ إِلَيْهِمْ أَمْوَلَهُمْ(And when you release their property to them.) after they become adults, and you see that they are wise, then,فَأَشْهِدُواْ عَلَيْهِمْ(take a witness in their presence;) Allah commands the guardians of orphans to surrender the property of the orphans who become consenting adults, in the presence of witnesses, so that none of them denies the fact that he received his money.

Allah said next,وَكَفَى بِاللَّهِ حَسِيباً(and Allah is All-Sufficient in taking account.) meaning, Allah is sufficient as Witness, Reckoner and Watcher over their work for orphans, and when they surrender their money to them, whether their property was complete and whole, or deficient and less. Indeed, Allah knows all of that. In his Sahih, Muslim recorded that the Messenger of Allah ﷺ said,«يَا أَبَا ذَرَ إِنِّي أَرَاكَ ضَعِيفًا، وَإِنِّي أُحِبُّ لَكَ مَا أُحِبُّ لِنَفْسِي، لَا تَأَمَّرَنَّ عَلَى اثْنَيْنِ، وَلَا تَلِيَنَّ مَالَ يَتِيم»(O Abu Dharr! Verily, you are weak, and I love for you what I love for myself. Do not become a leader of two nor assume guardianship of an orphan's property.)

Sequence

The injunction to give orphans their property, and the women, their dower, has appeared in previous verses. This may lead one to think that the property of the orphans and women should under all conditions, be given to them, even if they cannot handle relevant transactions and are incapable of protecting their property interests. To remove this misunderstanding, it has been said in these verses that properties should not be handed over to the feeble-minded. Instead, they should be watched and tested to determine the age and time when they exhibit the ability to protect their property and the discernment of spending out of it, it is then that their property should be handed over to them.

Commentary

Do protect what you own

These verses affirm the role of property in man's economic effort which gives him the desire to protect it. Then, at the same time, the general weakness shown in the protection of properties has been corrected. There are people who, giving in to natural love, hand over properties to inexperienced minor children and ill-informed women which usually results in the wastage of the property and the quick poverty which follows in its wake.

Do not hand over properties to the feeble-minded

The most revered exegete of the Holy Qur'an, Sayyidna ` Abdullah ibn ` Abbas ؓ : 'The guidance the Holy Qur'an gives in this verse is: Do not, by handing over all your property to feeble-minded children and women, become dependent on them. Since Allah Almighty has made you the guardian and the manager, you should, rather, hold the property in your safe custody and keep spending from it as necessary in order to feed and clothe them. And should they, even then, demand to take possession of the property, explain to them honestly, fairly and reasonably in a way which neither breaks their heart nor causes the property to be wasted. For instance, say something like:' All this is there for you.

Just grow up a little more and you will have it all.'Based on this tafsir of Sayyidna ` Abdullah ibn ` Abbas ؓ ، the sense of the verse covers all women, children and others who are feeble-minded and inexperienced, to whom it is dangerous to hand over properties since it may result in their loss, irrespective of the fact that they may be one's own children, or orphans, or the fact be that the property may belong to such children and orphans themselves, or to the guardians. The same tafsir has been reported from Sayyidna Abu Musa al-Ash` ari ؓ and the renowned mufassir al-Tabari has also adopted the same view.

The context of the earlier and later verses may, though, lead one to particularize this injunction too with orphaned children, yet, the generality of words remains there as such and which includes all children, orphans and non-orphans. And perhaps, the form of address in اموالکم 'amwalukum' (your properties) may have the special wisdom that it is inclusive of the properties of the guardians as well as that of the orphans. The suggestion is that the properties of the orphans, until such time that they become mature and discerning, remain under the guardian's safe custody and responsibility as if these properties, so to say, were like their own. It will be recalled that the fact of the matter - that the properties of the orphans have to be given only to them - has been made very clear in verse 2: وَآتُوا الْيَتَامَىٰ أَمْوَالَهُمْ (And give the orphans their property). After this, there remains no reason for any doubt.

Protecting property is necessary. Wasting it is a sin. A person killed while defending his property is a shahid (martyr). This is similar to being killed in defence of one's life which makes one deserving of the great reward of شھادہ shahadah (martyrdom). The Holy Prophet ﷺ has said:من قُتِلَ دُونَ مالِہِ فھوَ شھیدWhosoever is killed while protecting his property is a shah id (that is, he is counted among Muslim martyrs in terms of Divine reward). (Bukhri, v.1, p. 337 - Muslim, v.1, p.81)He has also said:نعما بالمال الصالح للرجل الصالحFor a good man, his good and clean property is the best asset of his life. (Mishkat, p. 326)Yet another saying of his is:لا باسَ بِالغنیٰ لمنِ اتَّقیِ اللہ عَزَّوجَلَّBeing rich is not harmful for one who fears Allah, the Mighty, the Exalted. (Mishkat, p. 491)The last two ahadith quoted above tell us that the wealth possessed by a righteous and God-fearing person is not harmful for him because such a person, by virtue of being God-fearing, will abstain from spending it in what is sinful.

The anti-wealth teachings of many Muslim saints and mystics apply to none but those who spend their lustily-earned wealth for sinful purposes and thus go on to make it the cause of their punishment in the Hereafter. Also, since man is naturally inclined to abandon, once he is rich, all concerns of moderation in his spending, as well as the very anxiety to see that he stays safe against other sins - that is why staying away from wealth has been considered desirable. God bless our earlier people; they would earn, more or less, as needed, were grateful to Allah and ended up being happy that they have succeeded in saving their skins from being ultimately 'audited' for the whats and hows and whereas of spending their wealth, if they had it. But, in our time, people do not care much about matters of faith; they are more attracted to material things; they are all too ready to abandon their faith at the slightest provocation, not because there is some discomfort involved. Rather, they would do that lest they go against fragile fashion, or trend, or some borrowed norm of contemporary society.

Therefore, it is important that people earn lawfully and conserve their earnings. For such people, the Holy Prophet ﷺ has said:کَادَ الفَقرُ اَن یَّکُونَ کُفُراًPoverty can take one to the point of being a disbeliever. (Mishkat, p. 439)Sayyidna Sufyan al-Thawri ؓ elaborates this by saying:کان المال فیما مضی یکرہ، فاما الیوم فھو ترس المؤمنPreviously, owning and keeping wealth was not considered good, but today, this wealth is a shield of the true Muslim.

He has also said:من کان فی یَدِہِ مِن ھٰذہِ شیاً فَلیُصلِحۃ ، فانُّہ زَمَانُ اِنِ احتاجَ کَانَ اوَّل من یبذل دینہWhoever has any of this (wealth) in his hands should make it serve him well for these are times when, in the event of some need, one is likely to first 'spend' his faith in order to take care of that need. (i.e. the desire to fulfill one's need has become more important than the obligation to follow one's faith) (Mishkat, p.491)