Chapter :6 Section: The Prohibition of Consuming the Orphan's Property

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`Ata' bin As-Sa'ib said that Sa`id bin Jubayr said that Ibn `Abbas said, "When Allah revealed,

﴿وَلاَ تَقْرَبُواْ مَالَ الْيَتِيمِ إِلاَّ بِالَّتِى هِىَ أَحْسَنُ﴾

(And come not near to the orphan's property, except to improve it.) and,

﴿إِنَّ الَّذِينَ يَأْكُلُونَ أَمْوَلَ الْيَتَـمَى ظُلْماً﴾

(Verily, those who unjustly eat up the property of orphans.) those who were guardians of orphans separated their food from the orphans' food and their drink from their drink. When any of that food or drink remained, they used to keep it for the orphan until he or she ate it or it spoiled. This became difficult for the companions and they talked about it to the Messenger of Allah , and Allah sent down the Ayah,

﴿وَيَسْـَلُونَكَ عَنِ الْيَتَـمَى قُلْ إِصْلاَحٌ لَّهُمْ خَيْرٌ وَإِن تُخَالِطُوهُمْ فَإِخْوَنُكُمْ﴾

(And they ask you about orphans. Say: "The best thing is to work honestly in their property, and if you mix your affairs with theirs, then they are your brothers.") ﴿2:220﴾ Thereafter, they mixed their food and drink with food and drink of the orphans.'' Abu Dawud collected this statement. Allah's statement,

﴿حَتَّى يَبْلُغَ أَشُدَّهُ﴾

(until he (or she) attains the age of full strength;), refers to reaching the age of adolescence, according to Ash-Sha`bi, Malik and several others among the Salaf.


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