Overview (Verses 5 - 6)

Handing Property Over to Orphans
 
Having finished with this aspect of the discussion of marriage with orphan girls and other women, the sūrah again picks up the subject of orphans’ inheritance. It provides detailed legislation concerning the handing over of their monies to them, having briefly referred to this in the second verse.
 
Although this property belongs to orphans, it remains, in essence, the property of the community given by God so that the community may make its best use of it. It is the community, therefore, which is the primary owner of property in general. Individuals, including orphans and those who have left them this property upon their death, are in charge of it so that they may invest and benefit by it and provide benefit to the community at large. They may undertake this task as long as they are able to prove sound judgement. Individual ownership, with all its rights and restrictions, is based on this principle. Orphans who have property, but who are feeble minded and unable to look after their property wisely, are not given control over it. Although their rights of ownership remain intact and cannot be taken away from them, they are not allowed to administer their property. It belongs, as we have said, to the community. Hence, someone who is able to administer it from the ranks of the community is given charge of it, taking into consideration his degree of kinship to the orphan. Thus, the principle of mutual care within the family, which is the basis of general care within the greater family of the society, is fulfilled. The feeble-minded, however, enjoy the rights of adequate maintenance and clothing out of their property, as well as the right to be treated kindly: “Do not give to the feeble- minded your wealth which God has assigned to you in trust. Make provisions for them and clothe them out of it, and speak to them in a kindly way.” (Verse 5)
 
Feeble-mindedness and sound judgement can be easily detected after a person has attained puberty. Such matters are easily recognised, and they do not require any specific definition. The community can always recognise a person of sound judgement as also one with a feeble mind. The community evaluates the behaviour of all. The test, therefore, to make sure that the orphan has reached the age of puberty, which is referred to in the Qur’ānic text by the term “marriage”, is the function that can be fulfilled only after the attainment of puberty. “Test the orphans [in your charge] until they reach a marriageable age; then, if you find them of sound judgement, hand over to them their property, and do not consume it by wasteful and hasty spending before they come of age. Let him who is rich abstain generously [from his ward’s property], but he who is poor may partake of it in a fair manner. When you hand over to them their property, let there be witnesses on their behalf. God is sufficient as a reckoner.”(Verse 6)
 
We note in this verse the precise nature of the procedure that culminates with the handing over to orphans of their property when they have come of age. The emphasis here is on the need to hand over such property without any delay, once it has been established that an orphan is of sound judgement. It is right that he should receive his property in full. Again, there is strong emphasis on the need to preserve the property of the orphan when he is still a minor. There must be no attempt to consume an orphan’s property by wasteful and hasty spending, before the orphan reaches the age when the handing over should take place. Moreover, a guardian who is well off must abstain from taking any part of the proceeds or the principal of an orphan’s property in return for administering it. If he is poor, he is allowed to partake of it within the minimum limits. When the handing over is to be effected, witnesses should be present. The verse concludes with a reminder that God witnesses everything and He takes everything into account: “God is sufficient as a reckoner”
 
Such emphasis and detailed legislation coupled with a variety of warnings and reminders give us the feeling that an orphan’s property was frequently absorbed into the property of their guardians during this period of Arabian history. To change such entrenched habits required detailed legislation and emphasis that could leave no room for trickery and deception of any sort.
 
The Divine method of Islam worked consistently for the eradication of all aspects of ignorance from people’s minds and from society at large. This it did while it was establishing all the various aspects of Islam. Its aim was to replace ignorant social characteristics with Islamic ones. A new society was being moulded with its distinctive characteristics, traditions, laws and values. Its paramount aspect was fear of God and the recognition that He watches over people’s actions. This is the ultimate guarantee that legislation will be obeyed. No legislation can be guaranteed to work in this life without such fear and recognition: “God is sufficient as a reckoner.”