An-Nisa (The Women): (10) Indeed, those who consume...

Know that Allah the Exalted has strongly affirmed the warning against unjustly consuming the wealth of orphans. This warning has been repeated frequently in these verses, such as: "And do not exchange the bad for the good, and do not consume their wealth by adding it to your own. Indeed, that is a great sin" (An-Nisa: 2), and "And let those fear who, if they left behind them weak offspring, would fear for them" (An-Nisa: 9).

Following this, this specific verse was mentioned to single out the warning for those who consume their wealth. All of this is a mercy from Allah the Exalted towards the orphans, because due to their extreme weakness and inability, they deserve increased care and honor from Allah. How strongly this warning indicates the vastness of His mercy and the abundance of His pardon and grace! Since orphans have reached the utmost degree of weakness, Allah's care for them has reached the utmost degree.

In this verse, there are several issues:

Issue 1: Permissible Consumption

This verse indicates that the wealth of an orphan may sometimes be consumed without injustice. Otherwise, this specification would be meaningless. This refers to what we previously mentioned: the guardian who is in need may consume from the orphan's wealth bi al-ma'ruf (in a fair and recognized manner).

Issue 2: The Meaning of Consuming Fire

Regarding His statement: {Indeed, those who consume in their bellies only fire}, there are two opinions:

1. Literal Interpretation: This is taken literally. As-Saddi narrated that if a man unjustly consumes the wealth of an orphan, he will be resurrected on the Day of Judgment with flames of fire emerging from his mouth, ears, and eyes. Everyone who sees him will recognize that he consumed the wealth of an orphan. Al-Bukhari narrated from Abu Sa'id al-Khudri that the Prophet (peace be upon him) said: "On the night of my Ascension (Mi'raj), I saw people with muzzles like the muzzles of camels, and angels were appointed to seize their muzzles and place stones of fire into their mouths, which would exit from their lower parts. I asked, 'O Jibril, who are these?' He replied, 'These are those who unjustly consume the wealth of orphans.'"

2. Figurative Interpretation (Metaphor): This is a form of tawassu' (broadening the meaning). It means that consuming the wealth of an orphan leads to, and necessitates, consuming fire. Sometimes the name of one of two inseparable things is used for the other, like His statement: {And the recompense of a bad deed is its like in severity} (Ash-Shura: 40). Al-Qadi (Al-Razi) said this interpretation is preferable to the first because His statement, {Indeed, those who consume the wealth of orphans unjustly, they consume into their bellies only fire}, refers to every individual, so applying it metaphorically, as we mentioned, is more appropriate.

Issue 3: The Redundancy of "In Their Bellies"

Someone might ask: Consumption only occurs in the belly, so what is the purpose of saying: {in their bellies}?

The answer is that this is like His statement: {They say with their mouths what is not in their hearts} (Al 'Imran: 167), even though speech only occurs with the mouth. And: {But blind are the hearts which are in the breasts} (Al-Hajj: 46), even though the heart is only in the breast. And: {Nor any bird that flies with its wings} (Al-An'am: 38), even though flight only occurs with wings. The purpose of all these expressions is emphasis and exaggeration (ta'kid and mubalaghah).

Issue 4: The Scope of "Consuming"

Although Allah mentioned "consuming" (al-akl), what is intended is all types of destruction/misappropriation. The harm to the orphan does not differ whether his wealth is destroyed by eating or by another means. The word "consuming" was mentioned to refer to all destructive transactions for several reasons:

1. The majority of the orphan's wealth at that time consisted of livestock whose meat was eaten and whose milk was drunk. Thus, the speech was framed according to their common practice.
2. It is customary that whoever spends his wealth in ways he desires, whether good or bad, it is said that he "ate his wealth."
3. Consumption is the most significant form of desired transaction/utilization.

Issue 5: The Scope of the Threat (Mu'tazilite View vs. Others)

The Mu'tazila argued that the verse indicates a threat for everyone who commits this act, whether Muslim or not, because His statement: {Indeed, those who consume the wealth of orphans unjustly} is general and includes everyone. This indicates certainty of the threat, and His statement: {and they will soon enter the blazing Fire} necessitates certainty that if they die without repentance, they will inevitably enter that Fire.

The response to this has been fully detailed in Surah Al-Baqarah. Furthermore, why should this threat not be specific to the disbelievers, given His statement: {And the disbelievers, they are the wrongdoers} (Al-Baqarah: 254)?

The Mu'tazila then argued that consuming a small amount of their wealth should not fall under this threat, because the threat is conditional upon the absence of repentance and the absence of greater acts of obedience that might outweigh this sin. If that is the case, then what is certain to fall under the threat is a major sin committed without repentance. Therefore, it is necessary to require an amount that constitutes a significant consumption of their wealth. Abu Ali al-Jubba'i stated that the measure is five dirhams, as this is the amount specified for the threat regarding withholding Zakat (in the verse on hoarding treasure).

This is the summary of what Al-Qadi mentioned. We say to him: You have contradicted the apparent meaning of this generality in two ways:

1. You added the condition of the absence of repentance.
2. You added the condition that the amount must not be small.

If this is permissible for you, why is it not permissible for us to add the condition of the absence of pardon? The most that can be said is that we have not found evidence indicating the occurrence of pardon. However, we respond to this in two ways:

1. We do not concede the absence of evidence for pardon; rather, there are many such evidences, as we established in Surah Al-Baqarah.
2. Even if you did not find them, the absence of finding does not necessitate the certainty of absence; rather, the possibility remains. Consequently, relying on this verse to establish certainty and finality is undermined. And Allah knows best.

Issue 6: Comparison of Threats (Zakat vs. Orphan's Wealth)

Allah mentioned the threat for those who withhold Zakat by branding: {The Day when it will be heated in the fire of Hell and therewith will be branded therewith will be their foreheads, their flanks, and their backs} (At-Tawbah: 35). And He mentioned the threat for the consumer of the orphan's wealth by filling the belly with fire.

Undoubtedly, this threat is more severe. The reason is that in the case of Zakat, the poor person does not own a share of the nisab (threshold); rather, the owner is obligated to grant him a share of his wealth. However, here, the orphan owns that wealth, so withholding it from the orphan is more heinous, making the threat more severe. Furthermore, the poor person might be an adult capable of earning, whereas the orphan, due to his youth and weakness, is incapable. Thus, the threat concerning the destruction of his wealth is more severe.

{And they will soon enter the blazing Fire}

And then Allah said: {and they will soon enter the blazing Fire} (wa sayaslūna sa'īrā). In this, there are several issues:

Ibn 'Amir and Abu Bakr from 'Asim recited {wa sayaslūna} with a dammah on the yā' (i.e., sayuslūna), meaning they will be entered into the Fire (passive voice, the agent is unmentioned). The rest recited it with a fatḥah on the yā' (i.e., sayaslūna).

Abu Zayd said: The Arabs say ṣalā al-rajul an-nār (the man entered the fire), yaṣlāhā, ṣalāwan, and he is ṣālī an-nār (one entering the fire). A group is ṣālūn or ṣalā. Allah says: {Except one who is entering the blazing Fire} (As-Saffat: 163), and: {to be roasted therein} (Maryam: 70), and: {They will enter it} (Ibrahim: 29, Sad: 56, Al-Mujadilah: 8).

Al-Farra' said: Aṣ-ṣalī is the name for fuel (al-waqūd), and it is aṣ-ṣalā’ when the yā' is given a kasrah and lengthened, and aṣ-ṣalā when it is given a fatḥah and shortened.

As for the one who pronounces the yā' with a dammah (sayuslūna), it is derived from their saying: Aṣlāhu Allāhu ḥarra an-nār iṣlā’an (Allah made him enter the heat of the fire). Allah says: {Soon We will make him enter a Fire} (An-Nisa: 30), and: {I will surely make him enter Saqar} (Al-Muddaththir: 26).

The author of Al-Kashshāf mentioned that sayaslūna was read with a dammah on the yā' and the lām was read both lightened and doubled.

As-Sa'īr means the intensely burning fire. It is said: Sa'artu an-nār as'iruhā sa'ran, so it is mus'ūrah and sa'īr. As-Sa'īr is a deviation from mus'ūrah, just as kaff (palm of the hand) is a deviation from khaḍīb (dyed).

The reason He said {Sa'īr} is that it refers to an unspecified fire whose intensity is known only to Allah the Exalted.

It is narrated that when this verse was revealed, it weighed heavily on people, so they completely avoided dealing with orphans. This made matters difficult for the orphans, so Allah revealed: {And if you mix with them, they are your brothers} (Al-Baqarah: 220).

Some ignorant people claim that this verse was abrogated by that one. This is far-fetched because this verse concerns the prohibition of injustice, and this prohibition cannot be abrogated. Rather, the meaning is that mixing with the wealth of orphans, if done unjustly, is one of the greatest sins, as in this verse. If it is done through nurturing and kindness, it is one of the greatest acts of righteousness, as in His statement: {And if you mix with them, they are your brothers}. And Allah knows best.

{Allah instructs you concerning your children: for the male, what is equal to the share of two females. But if they are [only] daughters, more than two, then for them is two-thirds of what he leaves; and if she is one, then for her is half. And for his parents, to each of them is one-sixth of what he leaves, if he has a child. But if he has no child and his parents are his [only] heirs, then for his mother is one-third. But if he has brothers [and sisters], then for his mother is one-sixth, after any bequest he [may have] bequeathed or a debt. Your fathers and your sons - you know not which of them are nearer to you in benefit. [This is] an ordinance from Allah. Indeed, Allah is ever Knowing and Wise.}