An-Nisa: 6
"And test the orphans until..."
Test their intellects, observe their conditions, and gauge their knowledge of management before they reach puberty.
"Until, when you perceive in them soundness of judgment"—that is, guidance—"hand over to them their wealth" without delaying beyond the point of puberty. Reaching the age of marriage means reaching the age of wet dreams, for at that point, one is fit for marriage and for seeking its intended purpose: procreation and lineage. Al-i'nas (perceiving) is used in the sense of al-istidah (clarification/discernment); thus, it is a metaphor for clear perception.
There is disagreement regarding "testing" and "soundness of judgment" (rushd):
- Abu Hanifa and his companions: Testing means handing over to the orphan that which he may manage, so that his state may be revealed through his actions. Rushd is the ability to be guided toward the proper methods of management.
- Ibn Abbas: It is righteousness in intellect and the preservation of wealth.
- Malik and Al-Shafi'i: Testing means observing his conditions and his management in buying and selling, and discerning his inclinations and his commitment to religion. Rushd is righteousness in religion, for immorality is a corruption of wealth.
If you ask: "What if no rushd is perceived by the time they reach puberty?"
I say: According to Abu Hanifa (may Allah have mercy on him), one waits until the age of twenty-five. He holds that the age of puberty for a male by years is eighteen. If seven years pass beyond that—a period considered significant for changes in a person's condition, based on the Prophet's (peace be upon him) saying: "Command them to pray at seven"—then his wealth is handed over to him, whether rushd is perceived or not.
His companions hold that it is never handed over to him unless rushd is perceived.
If you ask: "What is the meaning of using the indefinite form for rushd?"
I say: It means a type of rushd—specifically, rushd in management and trade—or a portion of rushd and a sign of it, so that one does not have to wait for complete perfection of judgment.
If you ask: "How is this speech structured?"
I say: The phrase from "until" to "hand over to them their wealth" establishes a limit for the testing. This is the "until" (hatta) that is followed by sentences, like the verse: "The slain continued to spew their blood into the Tigris, until the water of the Tigris changed color." The sentence following it is conditional because idha (when) contains the meaning of a condition, and the verb of the condition is "they reach the age of marriage." The phrase "But if you perceive in them soundness of judgment, then hand over to them their wealth" is a sentence consisting of a condition and a response, serving as the answer to the first condition (reaching the age of marriage). It is as if it were said: "Test the orphans until the time they reach marriage; their entitlement to receive their wealth is conditional upon your perceiving rushd in them." Ibn Mas'ud recited it as fa-in ahsaytum (if you perceive/sense), from the same root as "sensing" something. Rushd is read with two fathas or two dammas.
"Extravagantly and hastily"
Meaning: being extravagant and hasty before they grow up. Or, it refers to your extravagance and haste to consume it before they grow up, fearing they might take it from your hands.
Then, the matter is divided between a guardian who is wealthy and one who is poor:
- The wealthy guardian must abstain from eating from it, not coveting it, and being content with the wealth Allah has provided him, out of compassion for the orphan and preservation of his property.
- The poor guardian may eat a measured amount, being cautious in his estimation, either as a wage or as a loan—though there is disagreement on this. The wording "eating in a fair manner" and "abstaining" indicates that the guardian has a right due to his labor in managing it.
The Prophet (peace be upon him) said to a man who asked if he could eat from the wealth of an orphan under his care: "Eat in a fair manner, without accumulating wealth for yourself or sparing your own wealth by using his." He asked: "May I strike him?" He replied: "From where you would strike your own child."
Ibn Abbas said regarding a guardian who asked if he could drink the milk of an orphan's camels: "If you are searching for their strays, repairing their trough, treating their mange, and watering them on the day they come to drink, then drink without harming the offspring or over-milking." He also said: "He may dip his hand with their hands, eating in a fair manner, but he should not wear a turban or anything better." Ibrahim said: "He should not wear linen or fine garments, but only what satisfies hunger and covers the private parts." Muhammad ibn Ka'b said: "He should eat like an animal, placing himself in the position of a hired worker for what is necessary." Al-Sha'bi said: "He eats from his wealth to the extent that he assists in its management." Others said: "He treats it like carrion, taking only in necessity and repaying it." Mujahid said: "He borrows, and when he is well-off, he pays it back." Sa'id ibn Jubayr said: "If he wishes, he may drink the surplus milk, ride the mount, wear clothes that cover him, and take sustenance, not exceeding that. If he becomes wealthy, he repays it; if he remains poor, he is absolved." Umar ibn al-Khattab (may Allah be pleased with him) said: "I have placed myself in relation to the wealth of Allah in the position of the guardian of an orphan: if I am wealthy, I abstain; if I am poor, I eat in a fair manner; and if I become wealthy, I repay." Ista'iff (abstain) is more emphatic than 'affa (to be chaste/abstinent), as if he is seeking an increase in abstinence.
"And bring them to witness"
That they have received and taken possession of it, and that your obligations are discharged. This is further from dispute and denial, and more conducive to trustworthiness and clearing one's conscience. Do you not see that if he does not bring witnesses and is later sued, he is believed upon taking an oath according to Abu Hanifa and his companions? According to Malik and Al-Shafi'i, he is not believed except with evidence. Thus, bringing witnesses is a precaution against the necessity of swearing an oath—which leads to suspicion—or against the obligation of compensation if he cannot produce evidence.
"And sufficient is Allah as Accountant"
Meaning: Sufficient as a witness against you regarding the handing over and receiving, or as one who will hold you to account. Therefore, be truthful with one another and beware of lying to one another.
