Try test well the orphans before reaching maturity with regard the duties of religion and before they can legally manage their own affairs until they reach the age of marrying that is until they have become eligible for it through puberty or legal age which according to al-Shāfi‘ī is the completion of fifteen years; then if you perceive in them maturity that is right judgement in matters of religion and their property deliver their property to them; consume it not O guardians wastefully without due merit and in haste that is hastening to expend it fearing lest they should grow up and become mature at which time you will be obliged to hand it over to them. If any man who is a guardian is rich let him be abstinent that is let him abstain from the orphan’s property and refrain from consuming it; if he is poor let him consume of it honourably that is in line with the wage for his work. And when you deliver to them the orphans their property take witnesses over them that they have received it and that you are absolved of the obligation so that if any dispute occurs you are able to refer to a clear proof this is a command intended for guidance. God suffices as a reckoner as a guardian of His creatures’ deeds and as a reckoner of these deeds the bā’ in bi’Llāhi is extra.
- 4:66
وَابْتَلُوا الْيَتَامَىٰ حَتَّىٰ إِذَا بَلَغُوا النِّكَاحَ فَإِنْ آنَسْتُمْ مِنْهُمْ رُشْدًا فَادْفَعُوا إِلَيْهِمْ أَمْوَالَهُمْ ۖ وَلَا تَأْكُلُوهَا إِسْرَافًا وَبِدَارًا أَنْ يَكْبَرُوا ۚ وَمَنْ كَانَ غَنِيًّا فَلْيَسْتَعْفِفْ ۖ وَمَنْ كَانَ فَقِيرًا فَلْيَأْكُلْ بِالْمَعْرُوفِ ۚ فَإِذَا دَفَعْتُمْ إِلَيْهِمْ أَمْوَالَهُمْ فَأَشْهِدُوا عَلَيْهِمْ ۚ وَكَفَىٰ بِاللَّهِ حَسِيبًا
And test (and try) the orphans until they are of marriageable age. If you find they have acquired sound judgement, then hand over their property to them; but devour not their wealth, nor use it up hastily out of fear that soon they will grow up (and demand it). And (the guardian) who is rich should abstain from spending much (of their wealth); and he who is poor should use only as much as is fair. And when you give back their possessions have this witnessed, (and remember) that God is sufficient to take all account.
- common.revelation-Medinan
- common.hizb : 31