Quran Garden

In previous sessions, we discussed the rights of orphans and the duties of guardians in managing their wealth.  Now, we turn our attention to the mentally-challenged as we explain the 5^th and 6^th ayat from Surah An-Nisaa.  Let's dive right in.

Session 545

Chapter 4

Verses 5 and 6

Do not entrust your property to the feeble-minded.  God has made it a means of support for you: make provision for them out of it, clothe them, and address them kindly.

(Chapter 4: Verse 5)

Who is the feeble-minded or foolish?  It is the person who lacks sound judgment and cannot manage their wealth wisely.  Would you give your wealth to someone with a mental disability?  More importantly, are the money and assets referred to in this verse as "your property" actually yours?  Did you earn it?  Or does it legally belong to the feeble-minded person?  The money referred to in this aya as "your property" is actually the property of the mentally challenged, yet Allah referred to it as "your property." To understand why, Let's look through the Quran for similar statements.  God says in the 11^th verse of chapter 49: "Do not insult yourselves." Does anyone insult themselves?  No, but when you yell, scream, and insult your opponent, they will turn back and hurl insults at you.  Thus, losing your temper is self-insult because your opponent will surely retaliate.  We find a similar example in the Quran.  God says,

Do not curse those they call on beside God in case they, in their hostility and ignorance, curse God.  To each community, We make their own actions seem alluring, but in the end, they will return to their Lord and He will inform them of all they did. (6:108)

Therefore, when God says, "Do not entrust your property to the feeble-minded," He means that a person with mental issues may possess wealth, but their disability prevents them from managing it wisely;  thus, the responsibility of managing their wealth is transferred to the guardian, who should manage it as if it is his or her own money.  

Another interpretation of the phrase, "Do not entrust your property to the feeble-minded" addresses a common practice in some communities where a man, upon having his children come to age, might want to retire and delegate the management of his wealth to them.  What if his children lack wisdom?  Allah effectively says, 'No, do not give your wealth to a reckless young man, even if he is your child.'  God granted you wealth for sustenance, so do not put your sustenance in the hands of another.  He says, "Do not entrust your property to the feeble-minded.  God has made it a means of support for you."

But if God is giving you the right to take over and manage the wealth of a mentally challenged person, He is also assigning you a responsibility.  You have to provide them with the same living standards.  Does the foolish not live or eat just like the wise?  Does the foolish not wear clothes or live in a home like the wise?  Do you smile at the wise but not at the foolish?  No.  The mentally disabled should be provided with the same level of material goods as any normal person.  Allah commands: "make provision for them out of it, clothe them, and address them kindly." It is ungodly when we see a person with mental disability dressed in tatters or smelling fowl due to the lack of care. 

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 encourages you to invest the money wisely to pay for their care from the profits, not the principal.  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. 

Now, we move to the next verse in An-Nisaa.  God says,

Test orphans until they reach marriageable age; then, if you find they have sound judgment, hand over their property to them.  And do not consume it lavishly and hastily before they come of age: if the guardian is well off, he should abstain from the orphan's property, and if he is poor, he should use only what is reasonable.  When you give them their property, call witnesses in; but God takes full account of everything you do.  (Chapter 4: verse 6)

If you are the guardian in charge of an orphan, the Almighty instructs you to start teaching the orphan how to manage finances before they reach maturity.  This means you should not wait until the orphan reaches adolescence to test them.  You must start early.  Take every opportunity to involve them in decision-making, challenge them, and get their input on everyday matters.  If the teen demonstrates sound judgment and ability to manage their affairs, then the guardian should be ready to transfer their assets to them upon maturity without delay.  It is essential to assess and train the orphan while still under guardianship so they can hit the ground running when they reach maturity.   God says, "Test orphans until they reach marriageable age; then, if you find they have sound judgement, hand over their property to them."

Allah issues another warning to the guardian, "And do not consume it lavishly and hastily before they come of age." A guardian may think to himself, "This boy is coming of age soon, and I will have to hand over all his inheritance.  I better spend it before it is too late." To spend lavishly is to spend beyond limits.  Remember that the money does not belong to the guardian.  When a greedy man was asked: What would you like to eat?  He answered, "I wish to indulge in a large pot of food like a bad guardian indulges in the orphan's money." May Allah protect us from such behavior. 

Some people look at such warnings and say, "Maybe we should not allow the poor to be guardians for orphans.  This job is better handed to the rich." However, God, the All-Wise, does not limit guardianship to the wealthy and financially secure but allows a faithful, knowledgeable, and ethical poor person to manage the orphan's wealth.  He says, "if the guardian is well off, he should abstain from the orphan's property, and if he is poor, he should use only what is reasonable." Thus, one should not mistrust a righteous poor person from being an orphan's guardian in preference to a wealthy man, who may be unethical.  The key is having spiritual integrity that is higher than material greed.

A guardian has a clear responsibility: if they are wealthy, abstain from the orphan's wealth altogether; if they are poor, spend moderately, taking only what is necessary for sustenance and managing the orphan's affairs.

All the rulings above were put in place to protect the orphan.  But God is the All-Wise All-Just.  He also instilled rules for the protection of the guardian.  He says, "When you give them their property, call witnesses in." When the time comes to hand over the orphan's property back to them, witnesses should be present.  Why?  It is a legal safeguard against human unpredictability.  Even if the guardian conducted his or her duties wisely, gave the orphan only what was appropriate, taught and tested them early, and invested their wealth, the orphan may still have feelings of resentment or unhappiness.  Perhaps the orphan thinks that the guardian should have spoiled him or her, or their money should have been given to them earlier.  Such feelings may arise years later, and the orphan may accuse the guardian of not giving them all that is due or keeping their inheritance altogether.  In such cases, the witnesses would step forward to clear the guardian of false accusations.

Greed, injustice, and betrayal of trust do not only happen in cases of orphans or the mentally challenged.  They are far more common in matters of inheritance.  Guard your family against such evils.  Tune in next week as we begin exploring God's rulings regarding inheritance.