Surah An-Nisaa: Verse 10 - إن الذين يأكلون أموال اليتامى... - English

Misappropriation of the property of the orphans

The fourth verse (10) carries a severe warning for those who pilfer or dispose off the property of orphans unlawfully. It declares: 'Surely, those who eat up the property of the orphans unjustly, they only eat fire into their bellies, and soon they shall enter a blazing Hell.'

This verse equates the property of the orphan with the fire of Hell. Many commentators have interpreted this metaphorically, that is, eating the property of the orphans unjustly is like stuffing one's stomach with fire - because this is what is going to happen to him ultimately in the Hereafter. But, those with deeper insights and proofs do not support the presence of some figure of speech here. According to them, whatever is eaten up from the property of the orphan unlawfully is, in reality, nothing but fire - even though, it may not look like fire at that time. This is like somebody saying that the match-box in his hand was fire, or the piece of arsenic, a killer. Obviously, handling a match-box does not burn the hand, nor does arsenic kill a man by simple handling, not even by putting it in the mouth. However, a slight friction reveals that somebody who called the match-box a fire was right; and similarly, once the arsenic goes down the throat, we know that the one who called arsenic a killer was true. Common generalizations of the Holy Qur'an also support the view that whatever deeds, good or evil, man is doing, these very deeds are the trees, the flowers and the fruits of Paradise, or the embers of Hell - even though, their form here is different, but these will come forth on the Day of Doom transformed in their true forms. The Holy Qur'an says: وَوَجَدُوا مَا عَمِلُوا حَاضِرً‌ا (Kahf - 18:49)that is, on the Day of Doom, they shall find what they did - present! In other words, the punishment and the reward they shall see will be, in reality, the result of their own deeds.

It appears in some narrations that those who devour the orphan's property unjustly will be raised on the Day of Doom in a state that flames of fire will be seen coming out from inside their bellies through their mouths, nostrils, ears and eyes.

And the Holy Prophet ﷺ said that a set of people will be raised on the Day of Doom with their mouths erupting with fire. His noble Companions asked as to who these could be. He said: "Have you not read it in the Qur'an? (which says): إِنَّ الَّذِينَ يَأْكُلُونَ أَمْوَالَ الْيَتَامَىٰ ظُلْمًا (those who eat up the property of the orphans unjustly)." (Ibn Kathir, v.1, p. 456)

The gist of the meaning of the verse is that the property of the orphan eaten up unjustly will be, in reality, the fire of Hell, though it may not be sensed as fire at that time. It is for this reason that the Holy Prophet ﷺ has given very clear instructions to observe most stringent precaution in this matter. Sayyidna Abu Hurairah ؓ narrates that the Holy Prophet ﷺ said: اُحَرِّجُ مالَ الضَّیفین المرأۃ والیتیم (I warn you to abstain from the property of the two weak ones - the woman and the orphan.) (Ibn Kathir, v.1, p.456)

A review at this point shows that the entire first section of Surah al-Nisa' contains injunctions relating to orphans. They bid protection of the property of the orphans, avoidance of encroaching on their property as one's own and the giving of their due share from the property they have received in inheritance; and they forbid the hasty consumption of the property of the orphans for fear of their growing mature and assuming its control, or the taking of orphaned girls in marriage and lowering their dower, or to usurp their property. In the end the text says that eating up the property of the orphan unjustly is filling of bellies with fire because, after their death, such people will be recompensed by fire filled in their bellies. Mark the use of the word, 'ya'kuluna' and the warning given to those who 'eat up' the property of the orphan. It means that using the property of the orphan in what-ever manner it may be - eating, drinking, consuming, utilizing - is totally unlawful, and a sure cause of Divine wrath. The punishment of eating up what belongs to somebody else unjustly and without any right covers all sorts of uses.

When someone dies, the right of every inheritor attaches itself to everything he owns, to each and every part, to everything big or small. It is tragic that the minor children of the deceased become orphans. Mostly, such children face a certain degree of injustice and excess in every home and everyone who assumes control of the property after the death of the father of these children - whether an uncle or elder brother or mother or some guardian or trustee - falls into doing things forbidden in this section. To begin with, they just go on postponing the distribution of the property for years together, spending a little here and there to feed and clothe these children. After that, they open up and become all too liberal in spending this jointly-held property on religiously unacceptable practices, customs and wasteful heads of expenditure. They would even spend it on their own person and go on to the limit of manipulating legal documents entering the names of their own children in place of the orphans. These are things hardly a home remains unaffected from.

The donations made for orphans in religious schools and orphan-ages must be spent on them. Not spending these on the orphans is a form of 'eating up' the property of the orphan.

Rulings

1. Inheritance includes everything owned by the deceased, even the-clothes on the dead body. People tend to give these out in charity without realizing that they belong to what has been left by the deceased. There are places where copper utensils are given out to the poor well before the total property is formally distributed, although minors and absentees from among the inheritors have rights in all such things. The proper method is to first distribute the property in accordance with whatever shares are to be received by children, wife, parents, sisters and anyone else as stipulated by the Islamic law of inheritance. Once the ownership passes to sharers, it is upto them who can, if they so desire willingly, give away part of it in charity on behalf of the deceased. If the receivers of such shares wish to do that jointly, let them make sure that they are all adults, for the permission of the minor is not valid. As far as inheritors who are absent are concerned, nothing can be taken from their shares without their permission.

2. The sheet spread over the Janazah while carrying the deceased to the graveyard is not part of the required shroud کَفَن (Kafan). It is not permissible to buy it from the proceeds of the property left by the deceased, because that is something held jointly. However, if someone was to cover the cost on his own, that would be permissible. There are places where a prayer-mat is torn out of the cloth purchased for the shroud and is used by the Imam who leads the janazah prayers. The mat is later given to the Imam. This expense is extra to the needed shroud and it is not permissible to buy it from the proceeds of the hitherto combined inheritance.

3. In some areas, new utensils are procured for bathing the deceased and which are broken after use. First of all, there is no need to buy new ones for a bath can be given using utensils already in the house; and if, for any reason, they have to be purchased, then, breaking them is not permissible. It not only amounts to wasting of property but also means causing loss to orphans and absent inheritors whose due rights are attached to the total property.

4. Any expenses before the distribution of inheritance, such as entertainment of guests or charity and alms, are totally impermissible. Giving charity and alms in this manner brings no merit or reward for the deceased. In fact, such giving under the notion that it will bring good returns for the departed soul is a far greater sin. The reason is simple. After the death of a person, all his property belongs to the inheritors in proportion to their respective rights in it. Then, there are orphans among them. Giving away things in charity from the combined property which includes the share of the orphan is like stealing from somebody's property and giving it in charity on behalf of the deceased. This is not correct. First distribute the property, then, let the inheritors give in charity from their shares for the good of the deceased, if they so desire.

It is better not to go for charity and alms from the combined inheritance even before the actual distribution, even though it be with the permission of inheritors. This is because the permission of whoever is an orphan among the inheritors is not just valid right from the outset. As for the adult ones, it is not necessary that their 'permission' comes out of their willing heart. It is quite possible that they are left with no option but give their permission lest they are disgraced before others. In other words, they may say yes with a heavy heart just to ward off the sense of shame.

Let us look at an anecdote ascribed to a pious elder, which will further clarify the issue. This pious elder went to visit a sick Muslim. He had hardly sat with the patient for a little while when the latter died. The sage immediately put out the lamp burning there and gave someone the money to buy oil and re-light the lamp with it. When people around asked him for the reason of his doing so, he said that this lamp was under the ownership of this person until such time that he was alive and it was correct to use that light. Now that the deceased has left this mortal world, his inheritors have the necessary right over everything he owned. So, it is only through the permission of all inheritors that we can use this lamp and since all of them are not present here, this lamp was lighted at a personal cost.