English
Amr ibn Shu’ayb narrated from his father, from his grandfather (may Allah be pleased with him), that a man came to the Prophet (ﷺ) and said: "I am poor, I have nothing, and I have an orphan." He said: "Eat from your orphan’s wealth without extravagance, haste, or accumulating wealth." [Narrated by Abu Dawud, An-Nasa’i, and Ibn Majah]
Al-Bayhaqi narrated from Ibn Jubayr that he said: The guardian of an orphan, if wealthy, should refrain and not eat, but if poor, he takes from the surplus milk and takes for sustenance without exceeding it, and what covers his private parts. If he becomes wealthy, he repays, and if he remains poor, he is absolved. Muhammad said in Al-Muwatta: Refraining from his wealth is preferable in our view, which is the view of Abu Hanifah and most of our jurists.
Possible references (unverified, pending editorial review)
- Candidate: Sunan Abi Dawud 2872 (unverified) 97% confidence
- Candidate: Sunan Ibn Majah 2718 (unverified) 93% confidence
- Candidate: Sunan al-Nasa'i 3668 (unverified) 92% confidence · Validation similarity: 0.735
Confidence and text similarity are not editorial verification.
Commentary and footnotes (2)
Note 1
(1) The statement: Refraining from his wealth is preferable: Meaning abstaining from his wealth, even by borrowing, if not needed, is better than otherwise. If needed, it is permissible. [At-Ta’liq Al-Mumajjad] It is stated in Al-Hidayah: This is because confinement is a cause of maintenance, as with a trustee. Elsewhere, it is said: Maintenance is compensation for confinement, and whoever is confined for another’s intended right, their maintenance is upon him, the basis being the judge and the charity worker in charities.
Note 1
اور امام محمد رحمہ اللہ نے موطأ میں کہا ہے کہ یتیم کے مال سے رکنا ہمارے پاس افضل ہے اور امام ابوحنیفہ رحمہ اللہ علیہ اور اکثر فقہاء حنفیہ کا یہی قول ہے۔