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5- AND DO NOT GIVE THE UNWISE FEEBLE MINDED YOUR MONEY, WHICH ALLAH MADE AS YOUR MEANS OF SUPPORT, BUT PROVIDE FOR THEM OUT OF IT, AND CLOTH THEM AND SPEAK TO THEM KINDLY.

6- AND TEST THE ORPHANS UNTIL THEY REACH PUBERTY, IF YOU FIND THEM OF SOUND JUDGMENT, GIVE THEM THEIR MONEY, AND DO NOT TAKE IT YOURSELVES BY SPENDING IT WASTEFULLY AND HASTILY BEFORE THEY GROW UP.  LET THOSE WHO ARE RICH NOT TAKE THE WEALTH OF THE ORPHANS FOR THEMSELVES, AND LET THOSE WHO ARE POOR TAKE ONLY A FAIR PORTION.  WHEN YOU GIVE THEM THEIR WEALTH, LET THERE BE WITNESSES OVER IT, AND ALLAH IS SUFFICIENT TO TAKE ACCOUNT OF ALL YOUR ACTIONS.

The unwise and feeble minded are those who are not of sound mind.  They do not have to be of low I.Q. but they may be not of sound judgment, or integrity.

1-    Allah the Highest is telling us not to give the unwise and feeble minded our money to manage.  That is those of in charge of public money and public offices should be of sound minds, wisdom and integrity.

2-    One should make sure that those who manage his property and money are of sound mind, wisdom and integrity. One should not let the son or the oldest son manage it just because of what they are to him.

3-    The orphans should be given their money not just because they are of age, but they have to have sound mind and wisdom to manage their money.  The guardians of the orphans should also do their best to educate the orphans and train them to be able to look after themselves and their money and to earn their living.

Those not of sound mind of the orphans, should have their money managed for them, to provide them with accommodation, food, cloth and every thing they need. 

This also tells us about our responsibility towards the weaker members of the society, such as the poor, the orphans, the children, the elderly, the sick and the destitute. This is because:

1-    The Muslim society should look after the welfare of the Muslims and their dependants.

2-    It is also for wider welfare of the society.  For Example, if a person inherits a factory providing employment for many directly, and for many more indirectly and produces products the society needs.  Mismanaging this factory does not only affect the person who inherits it, but also those it provides employment for as well as the whole society.

This is not a license for the state to take charge of people’s private business, but only if they incapable of running it, and are causing themselves and others serious financial problems.

Allah’s messenger prayer and peace upon him said to his companion Abu Zar: “O Abu Zar, I see that you are weak, and I like for you what I like for myself.  Do not be leader of two people and do not take charge of an orphan’s property”.  (M: Emarah; 17 & D: Wasaya; 4 & N: Wasaya; 10)

Abu Zar was known to have a strong faith, and to be firm for upholding the principles of Islam; yet Allah’s messenger prayer and peace upon him saw his weakness in other aspects, hence the warning.

“IF YOU FIND THEM OF SOUND JUDGMENT, GIVE THEM THEIR MONEY, AND DO NOT TAKE IT YOURSELVES BY SPENDING IT WASTEFULLY AND HASTILY BEFORE THEY GROW UP”. 

Orphans should be given their money in full when they grow up without delay.  Also the guardians should spend on the orphans wisely to leave them some property and money when they grow up.  Their money should not be spend wastefully or haste fully before they grow up.

As for the guardian of the orphan who has to look after his money:

-         If he is rich himself, he should not take any money from the orphan’s money for looking after him.

-         If he is poor and looking after the orphan’s money will stop him from earning his living, then he can take what is a fair wage without being excessive and without taking off the capital.  A man went to Allah’s messenger prayer and peace upon him and said: “I am poor, I have nothing, and I am caring for an orphan”.  Allah’s messenger prayer and peace upon him said: “Take from your orphan’s money without being wasteful or excessive, without taking of his capital, and without protecting your property with his”.  (A:2;215 & D:Wasaya;8 & N:Wasaya;11 & Ma:Wasaya;9)

This Hadith clarifies what the guardian take of the orphan’s money and in which circumstances.

One has to pay Zakah on the orphan’s money; therefore one has to invest it wisely, for if it is just stored, it will be eaten away by the Zakah.  Allah’s messenger prayer and peace upon him said: “Whoever is a guardian of an orphan who has money, let him invest it for him, and not leave it to be eaten by Zakah”.  (T: Zakah; 15)

Aysha, Allah’s messenger’s wife, used to pay the Zakah for the money of the orphans in her guardianship.  This is also the opinion of many of Allah’s messenger’s companions. 

B: Bukhari    M: Muslim     Mal: Malek    A: Ahmed   D: Abu Dawood     

Da: Daremy       Ma: Ibn Magah            N: Nesae          T: Termezi