Appropriating the property of orphans (Sermon)

Our words in this blessed hour are about an important issue entitled:

(Appropriating the property of orphans)

Al Bukhari and Muslim reported in their Sahih on the authority of Abu Hurayrah (may Allah be pleased with him) that the Prophet (peace be upon him) said: "Avoid the seven major destructive sins. The Companions said: O Allah's Messenger! What are they? He said: To join others in worship along with Allah, to practice sorcery, to kill the life which Allah has forbidden except for a just cause, (according to Islamic law), to eat up Riba (usury), to eat up an orphan's wealth, to give back to the enemy and fleeing from the battlefield at the time of fighting, and calumniate the chaste, innocent, believing women."

Let us recognize the concept of orphans, their good treatment, the virtue of taking care of them, and the prohibition of wasting their money and savings.

Who is the orphan?

The orphan in Shari`ah is the one whose father died while he did not reach the puberty age, however he is not called an orphan after reaching the puberty age. Hanzhalah Al Maliki (may Allah be pleased with him) narrated that the Messenger of Allah (peace be upon him) said: "There is no orphanhood after puberty for males, and a girl is not considered an orphan after menstruation." So, the word "orphan" reported in the Qur'an and the Sunnah means the one whose father died without reaching the puberty age either a male or female [i.e. The puberty age is almost 14 years old].

Of the things that cure the wounds of orphans in the Muslim society is that our Lord willed that our Prophet be an orphan, however he was reared perfectly by his Lord whom Allah addressed in the occasion of reminding him of Allah's Favor saying: "Did He not find you (O Muhammad peace be upon him) an orphan and gave you a refuge?"

Some Companions were orphans, such as: Abu Hurayrah and Az-Zubayr ibn Al `Awwam.

Some grand scholars were orphans, such as: Al Bukhari, Imam Al Shafi`y, Imam Ahmad ibn Hanbal, Imam Ibn Al Jawzy, Imam Al Awza`y, As-Suyuty, Ibn Hajar, and Ath-Thawry. It is enough merit for them that they were reasonable people, leaders in guidance, celebrities in piety, lights in darkness, and like suns among people.

The child who has lost his father or his parents is subject to eating his money, negligence, and aggression, therefore the Islamic Shari`ah assigned great rights to orphans and commanded people to take care of them, neglecting them is one of the major sins, and giving up this right shall lead to the spread of crimes.

Allah (may He be Exalted) says: "Did He not find you (O Muhammad peace be upon him) an orphan and gave you a refuge? * And He found you unaware (of the Quran, its legal laws, and Prophethood, etc.) and guided you? * And He found you poor, and made you rich (self-sufficient with self-contentment, etc.)?" [Surat Ad-Duha: 6 - 8].

Benefits gained from Ayahs show that an orphan needs three matters rapidly in his life without delay: An abode to shelter him, good rearing, and money which is spent for him. So, the Ayahs stress three things: Housing, expenditure, and rearing. The Ayah addresses the nation saying: O nation, secure housing to every orphan to live in, money to spend from, and good rearing and education so as not to go astray and be wretched. The Qur'anic Ayahs came to look after orphans from the psychological and the social aspect to grow up straight; so the Ayah commanded people to honor and show kindness to them and prohibited suppressing, scolding, and humiliating them. Allah says: "Therefore, treat not the orphan with oppression" and the word "oppression" is full of psychological and physical pressure, humiliation, and lack of dignity as reported by Ibn Manzhur in Lisan Al `Arab.

Allah dispraised those who humiliate, rebuke, and push orphans so that they would not gain their due rights "Have you seen him who denies the Recompense? * That is he who repulses the orphan (harshly), * And urges not on the feeding of Al-Miskîn (the needy)." The meaning of "repulses the orphan" is pushing him harshly to prevent him from gaining his rights. The word "repulses" is amazing because it includes all the meanings of dismissal, negligence, harshness, violence, and all features of injustice which orphans face.

The Ayahs of the Glorious Qur'an gave great care to the financial rights of orphans so as not to be reliable to loss and usurping their money, and assigned for them many resources to take money therefrom such as: Charity and Zakah (poor-due). "And gives wealth, in spite of love for it, to the kinsfolk, to the orphans, and to Al Masâkîn (the needy)." Allah says about inheritance: "And when the relatives and the orphans and Al-Masakin (the poor) are present at the time of division, give them out of the property, and speak to them words of kindness and justice." [Surat An-Nisa': 8]. Allah says about the spoils of war: "And know that whatever of war-booty that you may gain, verily one-fifth (1/5th) of it is assigned to Allah, and to the Messenger, and to the near relatives [of the Messenger (Muhammad)], (and also) the orphans." [Surat Al Anfal: 41].

In order to take care of orphans, there are three cases:

1- A rich orphan whose father died and left him some money. In this case, his mother, his uncle, his grandfather, or anyone of his relatives undertake him to preserve his money and invest it. In this case, an orphan needs a good rearing because he has secured housing and money.

2- A poor orphan whose father died without leaving something to him, and that needs money and rearing.

3- A poor orphan whose parents died without leaving money, in this case one of his relatives or one of the benevolent should take care of him because he needs housing, money, and rearing.

The excellence of looking after orphans:

Benevolence to orphans and taking care of them are of the greatest righteous deeds to Allah (Glory be to Him). It is not valid either from the Shari`ah side or by nature to deprive those orphans twice, once from the kindness of their mother and father and from the compassion of the society.

1- Allah (Glory be to Him) says: "But he has made no effort to pass on the path that is steep. * And what will make you know the path that is steep? * (It is) Freeing a neck (slave, etc.) * Or giving food in a day of hunger (famine), * To an orphan near of kin." [Surat Al Balad: 11 - 15].

Ibn Kathir said in his exegesis (Tafsir): "But he has made no effort to pass on the path that is steep" means: Should not he follow the way that leads to salvation and goodness?

2- A rich source for good deeds. The Prophet (peace be upon him) said: "Whoever wipes the head of an orphan for the sake of Allah, he shall have deeds as much as hair he passed his hand over."

3- A medication to cure hardheartedness: Abu Hurayrah (may Allah be pleased with him) reported that a man complained to Messenger of Allah the hardheartedness of his heart, so the Prophet said to him: If you want to soften your heart, feed the needy and wipe over the heads of orphans.

4- One of the causes of forgiveness and entering Paradise by the permission of Allah. The Prophet (peace be upon him) said: "If anyone invites a Muslim orphan to his food and drink then Allah will admit him to paradise there being not even a semblance of doubt about it unless he commits a sin that is unforgivable."

5- The Messenger of Allah (peace be upon him) said: "I and the one who looks after an orphan will be like this in Paradise," showing his middle and index fingers and separating them. He separated between his fingers to show the difference between the one who does so and Prophets. The meaning of the one who looks after orphans is the one who sponsors them by housing, money, and rearing whether a grandfather, a grandmother, a mother, a parental uncle or aunt, or a maternal uncle or aunt, and a relative or non-relative. Looking after orphans includes trusted charitable societies where people pay money to spend on orphans until they grow up. Imam An-Nawawy said: This is a virtue that is given to a person who looks after orphans by spending from his own money or the money of orphans.

The meaning is: The man who marries a woman who has young children and looks after them whether from his own money or from their money shall be a companion of the Prophet (peace be upon him) in Paradise.

Maintaining the money of orphans: The one who looks after orphans must maintain their money and do not spend it except in things that benefit orphans because of Allah's Saying: "And come not near to the orphan's property, except to improve it, until he (or she) attains the age of full strength." [Surat Al An`am: 152].

So, a guardian should endeavor to develop the money of orphans by commerce. The Prophet (peace be upon him) said: "Deal with the orphans' money so as not to be eaten up by Zakah."

Zakah is destructive to saved money, so if a person does not use money in commerce, Zakah will reduce it.

One of the major sins is to waste orphans' money whether by not preserving them, not to seek it, or eating it falsely. Allah (Glory be to Him) says: Verily, those who unjustly eat up the property of orphans, they eat up only fire into their bellies, and they will be burnt in the blazing Fire!" [Surat An-Nisa': 10].

When the big brother eats up the right of his younger brothers who have become orphans after the death of their father and deprived their sisters, they shall drink from a boiling water on the Day of Recompense. The Prophet (peace be upon him) said: "O Allah, I declare inviolable the rights of two weak ones: The orphans and women."

And the meaning of the Hadith is: Warning against the oppression of those two: Women and orphans because their weakness may tempt aggressors to oppress them and seize their rights. Therefore, the Prophet (peace be upon him) invoked Allah to cast narrowness and sin in the heart of people who harm orphans.

In order to give orphans their money, there are two basic conditions which are: Reaching the puberty age and mental soundness. One of these two cannot replace the other, so both are required as was understood from Allah's Saying: "And try the orphans (as regards their intelligence) until they reach the age of marriage; if then you find sound judgment in them, release their property to them, but consume it not wastefully and hastily, fearing that they should grow up, and whoever (amongst guardians) is rich, he should take no wages, but if he is poor, let him have for himself what is just and reasonable (according to his labor). And when you release their property to them, take witness in their presence; and Allâh is All-Sufficient in taking account." [Surat An-Nisa': 6].

The reality of orphans in the world: Gaza war caused 1350 children to lose their parents, whereas the war in Iraq left five million orphans.

There are more than 210 million orphans worldwide, and due to the lack of care with this segment, 10% of the orphans who leave shelters commit suicide, more than 60% of girls head to prostitution, and 70% of male children head to the world of crime.