Is entitlement to the orphan's share contingent upon reaching puberty?
General Chapter
Al-Mughni
Book of Deposits
Primary text
The share for orphans is contingent upon reaching the age of discretion or puberty. This is based on the statement of the Prophet (peace be upon him): "No orphanhood after seminal emission (ihtilam)."
Supporting text
Some of our companions hold that they are not entitled except in poverty, which is the famous position in the Shafi'i school, because the one with a father is not entitled, and wealth is more beneficial than the presence of a father. It is also argued that distribution to them is due to need, as the term 'orphan' is used customarily out of mercy, necessitating neediness. This differs from the share of relatives, who are entitled due to their proximity to the Messenger of Allah (peace be upon him) as an honor, and the rich and poor are equal in proximity, thus equal in entitlement.