Quran Garden

Before taking an orphan under your care, it's essential you listen to today's Tafsir as we cover the duties and rights of those caring for orphans.  You'll also learn when to return the orphan's property to them and when it might be appropriate for you to keep it.  Sit back and listen.

Session 540

Chapter 4

Verse 2

And Give orphans their property, do not replace their good things with bad, and do not consume their property with your own- for doing that would be a great crime.

(Chapter 4: Verse 2)

In the previous session, we discussed how the rights of parents come second only to the rights of God because your father and mother are the undeniable direct reason for your existence.  They nourished, provided, and cared for you since day one.  But how about a child who lost a parent?  Who will nourish and care for them?  Every kid needs care and affection; thus, as long as the orphan living among us, members of the society must take on the responsibility of caring for them. 

But first, we have to define what an orphan is.  In writing, we use expressions such as "Orphan Paragraph" to refer to a text left at the bottom or top of a page by itself.  In sociology, an orphan is a child who loses his or her family and is left alone.  However, the definition differs between species.  When it comes to humans, an orphan is the child who lost his father, while the orphan in mammals is the one who lost his mother.  Why?  Because, after mating, the male often moves on, leaving the female to nurse and raise the offspring alone.  In contrast, for birds, being orphaned means losing both parents since avian couples generally mate for life, build nests together, and share parenting duties.

Orphans are particularly vulnerable members of society; thus, God Almighty set specific laws to care for them.  He says,

And Give orphans their property, do not replace their good things with bad, and do not consume their property with your own- for doing that would be a great crime.

(Chapter 4: Verse 2)

Here we ask, when should we give the orphan his or her wealth?  Should we worry that they might waste it if we do so before they reach a certain age?  Allah answers with great precision in the following aya,

And test the orphans until they reach marriageable age; then, if you sense they have sound judgment, hand over their property to them.  And do not consume it lavishly and hastilybefore they come of age.  (from Surah An-Nisaa: verse 6)

God makes it clear that when you're responsible for an orphan's wealth, you should hand over their entire inheritance as soon as they reach maturity, without delay.  A fascinating point is hidden within the phrase, "And test the orphans until they reach marriageable age." Some people might extend their guardianship over an orphan, hoping to benefit from the wealth they oversee.  However, Allah advises against waiting until full maturity to begin testing.  Instead, start early by involving the orphan in decision-making and observing how they handle various situations.  If they do well, you'll know they can manage their own finances responsibly upon reaching maturity.  You are essentially the custodian of their wealth, so never mix your money with theirs or swap their valuables for lesser items from your possessions.  The phrase, "And Give orphans their property," means Allah has decreed that the money belongs to the orphan and you, as the guardian, are only there to protect it, even if you have to do so for many years.

Allah distinguishes between an orphan and a foolish or retarded person.  The foolish person does not suffer from an age-related deficiency but from a mental one.  When Allah discusses the issues of guardianship over the money of the mentally challenged, he says,

Do not give to those feeble-minded your property that God has put in your charge, but feed and clothe them out of it, and speak to them kindly and words of honest advice. (4:5)

Is the money actually yours?  No, but God labeled it "your property" because when a person is mentally challenged, he or she cannot manage their wealth.  Its management is transferred –possibly permanently- to someone who can handle it wisely.  Now, you are responsible for managing this person's wealth as if it were your own.  Contrast the phrase, "Do not give to those feeble-minded your property," to the one concerning orphans, "And test the orphans until they reach marriageable age; then, if you sense they have sound judgment, hand over their property to them." When the sound-minded orphan reaches the age of maturity and responsibility, the wealth is no longer yours or under your directive.  It is "their property" when the conditions of giving it back are met.  In both cases, it is your duty to ensure the wealth is managed well as if it were your own because once a person is incapable, either by age or mental capacity, the entire responsibility falls on you.  You are only entitled to a small fee that compensates you for managing the wealth. 

Then, Allah provides guidance to those responsible for orphans or those who can't manage their wealth by saying, "But feed and clothe them out of it." Here, we must appreciate the precision of God's words.  He did not say, 'but feed and clothe them from it,' but "out of it." What is the difference?  We answer that Allah is encouraging you to invest the money wisely so that their care is paid for from the profits, not the principal.  What is the value of your guardianship and management if nothing is left by the time the orphan is an adult?  Your goal should be to grow the wealth of the mentally challenged or orphan, ensuring that their sustenance comes from the profits while preserving the principal capital. 

The verse continues, "Do not replace their good things with bad." Do not exchange the unlawful for the lawful.  There might be something valuable within the orphan's wealth, which the guardian takes for themselves and replaces with something inferior.  For example, suppose the orphan's inheritance includes a nice car, and the guardian has an older model.  The guardian might take the nice car and replace it with the inferior one, claiming 'a car for a car,' or they might swap a fine milk-producing cow for a sick one or a fruitful palm tree for a barren one.

Allah further specifies, "And do not consume their property with your own." This highlights the importance of keeping their wealth separate from yours—meaning separate accounts, separate deeds, separate vaults, and so on.  Why is this important?  Because Allah makes it clear that mixing and using their wealth with your own "would be a great crime."

Ever wondered what the Quran says about polygamy?  Join us next week for a deeper look into the Tafsir of Aya 3 of Surah An-Nisaa as we shed light on the controversial topic of marrying multiple women.  Hit the subscribe and bell icons to be notified as soon as the next video is published.