Does the share designated for orphans apply only to orphans in the location of the spoils or universally?

General Chapter

Al-Mughni

Book of Deposits

Book 34 · Issue 3 · Bab 1

Open in Qurani

Primary text

The share is to be distributed to orphans in all regions and countries, not exclusively to the people of the place where the spoils were taken. This follows the generality of the text, analogous to the share designated for relatives and is consistent with the view concerning the share for relatives.

Supporting text

Some scholars of Al-Shafi'i hold another opinion that it is for both the rich and the poor due to the generality of the text regarding every orphan, and by analogy to the share of relatives. They argue that if it were restricted to the poor, they would already be included in the category of the needy (miskīn), who are the recipients of the fourth share, making the specific mention of orphans redundant.