Wrongfully Consuming An Orphan’s Property (Part 1)
Allah, the Most High, says, {Those who unjustly eat up the property of orphans eat up fire into their own bodies: they will soon be enduring a blazing fire.} (Al-Nisa’: 10)
The Qur’an also states, {Come not nigh to the orphan’s property except to improve it, until he attains the age of full strength.} (Al-Imran: 152)
The Prophet (peace be upon him) said, “When I was taken up in Ascent (Mi’raj), I saw some men gapping their jaws under the coercion of other men. Then came another men who fed them stones of fire that penetrated their bodies and came out from their anus. I wondered: ‘Who are they, Gabriel?’ He replied, ‘They are those who unjustly eat up the property of orphans, eat up a fire into their bodies.” (Reported by Muslim)
It was related that the Messenger of Allah (peace be upon him) said, “Allah, Most High, resurrected some people from their graves with fire flaming out from their bodies and burning their faces.” The Prophet (peace be upon him) was asked: ‘Who are they, Messenger of Allah (peace be upon him)?” He (peace be upon him) said,’ Allah, the Almighty says, {Those who unjustly will eat up the property of orphans eat up a fire into their own bodies: they will soon be enduring a blazing fire.} (AI-Nisa’: 10) (Reported by Ibn Hibban on the authority of Abu Bazrah, but it has a weak transmission.)
As-Sadiy, may Allah be pleased with him, said, “On the Day of Judgement, the one who appropriated an orphan’s property will be resurrected with the flames of fire coming out from his mouth, ears, nose, and eyes. Therefore, he will be well-identified.” (Isma’il Ibn AbdelRahman As-Sadiy was accused of following
the Shi’ah sect.)
Scholars said that there is no harm if a poor guardian of an orphan consumes some of his charge’s property without exceeding what is permissible, as long as he disposes of and improves his business affairs. What is in excess of the permissible is absolutely unlawful (Suht)? Allah, the Almighty says, {If the guardian is well-off, let him claim no remuneration, but if he is poor, let him have for himself what is just, reasonable. When ye release their property, then, take witnesses in their presence: But all-sufficient is Allah in taking account.} (An-Nisa’: 6)
Reasonable consumption of an orphan’s property may be interpreted as: Intending the loan, fulfilling his own needs without excess, taking the wage of disposing or improving the orphan’s business, or intending to return what he takes out of need, if he becomes prosperous. These different points of view are mentioned by Ibn AI-Jawziy in his Tafsir (exegesis)
“I and one who takes care of an orphan, will enter paradise together like this,” and he raised his forefinger
and middle finger jointly, leaving no space between them (by way of illustration).” (Reported by Al-Bukhari)
“I and one who takes care of an orphan, whether related to him or a stranger, will be like these two in paradise;” and the narrator raised his forefinger and middle finger to illustrate this.” (Reported by Muslim)
The guardianship of an orphan means to dispose of his affairs: food, clothing, and to improve his property if he has any. However, if he is poor, it is recommended to take care of him for the sake of Allah. In the aforementioned hadith, there is a reference that the orphan mayor may not be a relative, as the Prophet says in the hadith: “related to him or a stranger.”
The Prophet (peace be upon him) said, “Whoever receives an orphan from amongst the Muslims to feed and give him drink until Allah makes him prosperous, Allah will render Paradise binding to him unless he commits an unforgivable sin.” (Reported by At- Tirmidhi)
The Messenger of Allah (peace be upon him) said, “Whoever wipes over an orphan’s head for the sake of Allah, he will be rewarded for every hair he touched with good deeds. Whoever has an orphan and treats him or her kindly, I and he will be in Paradise like that (Then he combined his two fingers).” (Reported by Ibn Hajar AI-Haithami, Majma’ AI-Zawa’id)
Someone asked Abu Ad-Darda for advice. Thus he advised him, saying, “Show mercy to the orphan, bring him nearer to you, and feed him of what you eat. I heard Allah’s Messenger (peace be upon him), when a man asked him about the harshness of his heart, saying, “If you want to soften your heart, then you should bring the orphan nearer, wipe over his head and feed him of what you eat. These surely will soften your heart and enable you to do what you need.” (Reported by AI-Baihiqi)
by Imam Shamsu ed-Deen Dhahabi