| Surah an-Nisa, 5-6
"And do not give the feeble-minded your property which Allah has made a means of support for you, and do feed them out of it, and clothe them, and speak to them in fair words as due. [5]
And test the orphans until they reach a marriageable age then, if you perceive in them proper understanding, hand over to them their property. And do not consume it extravagantly and hastily lest they should grow up. And whoever is rich he should abstain and whoever is poor he should consume in fairness. So, when you hand over to them their property, have witnesses upon them. And Allah is sufficient for reckoning."[6] (4:4-6)
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 oroperties 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 Radhi-Allahu Anh: Allah be pleased with him says: '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 Radhi-Allahu Anh: Allah be pleased with him, 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 Radhi-Allahu Anh: Allah be pleased with him 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 '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: (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 shahadah (martyrdom). The Holy Prophet Sallallahu 'Alayhi Wasallam: Peace be upon him has said:
"Whosoever is killed while protecting his property is a shahid (that is, he is counted among Muslim martyrs in terms of Divine reward)." (Bukhari, v.l, p. 337 - Muslim, v.l, p.81)
He has also said:
"For a good man, his good and clean property is the best asset of his life." (Mishkat, p. 326)
Yet another saying of his is:
"Being 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 spendings, 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 Sallallahu 'Alayhi Wasallam: Peace be upon him has said:
"Poverty can take one to the point of being a disbeliever." (Mishkat, p. 439)
Sayyidna Sufyan al-Thawri Radhi-Allahu Anh: Allah be pleased with him elaborates this by saying: "Previously, owning and keeping wealth was not considered good, but today, this wealth is a shield of the true Muslim."
He has also said:
"Whoever 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)
The injunction to test the ability and understanding of minors
Once we know from verse 5 that minors should not be entrusted with properties until such time that their ability to discern and decide stands proved, the injunctions to educate and test such children to determine their ability follow in the next verse (6).
Verse 6: translated as 'and test the orphans until they reach marriageable age;' means that children, well before they become pubert and marriageable, should be tested through small assignments of buying and selling in order to determine their ability to conduct themselves in transactions on their own. This process of practical experimentation should continue right through upto the age of marriageability, that is, when they become pubert and mature. This is the time of special assessment. Now it should be determined if they have become smart and self-reliant in their affairs. Once this is sensed as 'dependable', it is time to hand over their property to them.
In short, given the nature of children and the factors involved in the growth of reason and intelligence among them, they have been divided in three stages. One: minority (before puberty). Two: After puberty. Three: After self-reliance, and discretion in conducting personal affairs (Rushd as opposed to Safahah). During the first stage, the guardians of children have been instructed to educate and train them by providing for them hands-on experience, that is, let them become smarter by conducting small dealings in buying and selling on their own. The expression: (and test the orphans) in this verse means exactly this. It is from here that Imam Abu Hanifah Rahmatullahi 'Alayh: Allah have mercy upon him has deduced the ruling that the transactions of buying and selling entered into by minor children with the permission of their guardian are sound, valid and operative.
In accordance with the other injunction, when children become mature, pubert and marriageable, the guardian should check up their state of growth at that stage in terms of experience, intelligence and dealings, and once it becomes clear that they understand their profit and loss and handle their affairs and dealings in a satisfactory manner, their property should be handed over to them.
The Age of Maturity
Along with the injunction of maturity (bulagh) in this verse, the Holy Qur'an has also answered the question as to the 'age' when a child would be taken as mature (baligh) by saying: translated as 'until they reach marriageability'. Here, it has been indicated that real maturity is not tied up with any particular count of years. Rather, it depends on particular indicators and signs experienced by adults entering the threshold of adulthood. When, in terms of these indicators and signs, they would be regarded fit to marry, they would be considered mature, even if their age does not exceed thirteen or fourteen years.
But, should it be that such signs of maturity just do not show up in some child, he shall be considered mature in terms of age, a position in which Muslim jurists vary. Some fix eighteen years for boys and seventeen for girls; some others have fixed fifteen years for both. With the Hanafiyyah, the fatwa is on the position that the boy and the girl shall both be considered mature under the Islamic law after they have completed their fifteenth year, irrespective of whether or not signs of maturity are found.
The Perception of Proper Understanding: How to find it? An Explanation
The injunction of the Qur'an is: 'then, if you perceive in them proper understanding, hand over to them their property.' Now, what is the time of this 'proper understanding' (rushd). The Holy Qur'an has not elaborated on this final limit of time. Therefore, some Muslim jurists leaned towards favouring the view that the properties of children should not be handed over to them until it has been determined that they do have full and proper understanding. Instead, these will stay under the safe custody of the guardian as usual, even if this state of affairs continues for the rest of life.
But, in accordance with the verification of the issue by Imam Abu Hanifah Rahmatullahi 'Alayh: Allah have mercy upon him, at this point the absence of 'proper understanding' refers to the state affected by childhood. Within ten years after maturity, the effect of childhood is gone. So, there are fifteen years as the age of maturity (bulugh) and ten years as the age of proper understanding (rushd). Once these 25 years are reached, such proper understanding is most likely to be achieved; something which was not possible due to the barriers of childhood, and later, younger years. Then, it should be noted that the Holy Qur'an uses the word, 'rushdan' in its indefinite form whereby it is suggesting that full understanding and perfect sense are not absolute conditions. A reasonable measure of understanding is also sufficient for this purpose on the basis of which their properties could be given to them.
Therefore, even if perfect understanding has not been achieved despite the long wait of twenty five years, even then, their properties will be handed over to them. As far as perfect understanding and wisdom is concerned, there are people who do not get to achieve these throughout their entire lives. They always remain simple, innocent and rather shy and slow in conducting their practical dealings. They will not be deprived of their properties because of this. However, should there be someone totally insane, he will be governed by a separate rule since such a person always remains in the category of immature children. His property will never be handed over to him until his insanity disappears, even if his entire life were to pass in insanity.
The Prohibition of Undue Spending from the Property of Orphans
As we know, the verse instructs that the property of the orphans should not be handed over to them until a certain degree of understanding and experience is perceived in them. Naturally, for this purpose, one will have to wait for some more time. In that case, it was probable that the guardian of the orphan could commit an excess against the interests of the orphan. So, the verse goes on to say: And do not consume it extravagantly and hastily lest they should grow up.
Here, the guardians of the orphans have been prevented from two things: Firstly, from spending out of their property extravagantly, that is, from spending over and above normal needs; and secondly, from starting to spend out from their property way before the need to do so, as if in a hurry, thinking of the near future when their wards would grow up and their property would have to be given to them and the guardian's control will be all over.
The orphan's guardian, if needy, can take out some of his expenses from the orphan's property
Does a person, who spends his time and labour in the upbringing of an orphan and is devoted to the protection of his property, have the right to take an honorarium for his services from the property of the orphan? The rule is given towards the later part of the verse when it is said: (And whoever is rich he should abstain). It means that a person who is need-free as he can take care of his needs through some other means, then, he should not take any payment for his services from the property of the orphan, because this service is an obligation on him. Receiving payment for it is not permissible. Then, it was (and whoever is poor he should consume in fairness). It means that the guardian of an orphan who is poor and needy and has no other source of earning his livelihood, he can consume a reasonable amount from the property of the orphans for his sustenance in a measure that is just about right to cover his basic needs.
Having witnesses while handing over property
The verse concludes with: 'when you hand over to them their property (after having gone through the period of test and trial), have (some reliable and pious people as) witnesses upon them (so that there is no dispute later). And (remember that) Allah is sufficient for reckoning (for He has a count of everything within His sight).
Payment for services rendered to country, community and Awqaf
The contextual extension of the verse yields an important juristic rule and principle. It concerns people who supervise Awqaf (religious endowments, trusts and estates) or manage mosques and religious schools or head institutions of Muslim states or hold charge of similar other services rendered for the country and community, services the rendering of which is known in Islamic terminology as fard 'alal 'kifayah (an obligation which, if discharged by some, will absolve others). For these gentlemen too, the superior and more meritorious conduct is - of course, if they have sufficient assets to take care of the necessary expenses needed to maintain their family - that they should not take anything from these institutions or from the public exchequer of the government. But, should it be that they do not have funds of their own to sustain themselves and they devote their earning time to such service-oriented activities, then, they have the right to take such funds from these institutions in proportion to their need. Please do notice the condition which is: 'in proportion to need'. A lot of people fix an insignificant monthly emolument shown on paper to satisfy legal requirements but they go on spending by various other means on their person and on their family recklessly, much much beyond it. There is just no remedy for this lack of caution except the fear of Allah.
The last words of the verse: and Allah is sufficient for reckoning) invite everyone, masses or classes, to realize that the man who stays untouched by unlawful acquisitions will be the man who fears the final accounting by Allah.
And the ability to do so comes from Allah. [Ma'ariful Qur'an]
» Posted by Seifeddine-M on 7th February 2012
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