An-Nisa 4:5

Sequence

The injunction to give orphans their property, and the women, their dower, has appeared in previous verses. This may lead one to think that the property of the orphans and women should under all conditions, be given to them, even if they cannot handle relevant transactions and are incapable of protecting their property interests. To remove this misunderstanding, it has been said in these verses that properties should not be handed over to the feeble-minded. Instead, they should be watched and tested to determine the age and time when they exhibit the ability to protect their property and the discernment of spending out of it, it is then that their property should be handed over to them.

Commentary

Do protect what you own

These verses affirm the role of property in man's economic effort which gives him the desire to protect it. Then, at the same time, the general weakness shown in the protection of properties has been corrected. There are people who, giving in to natural love, hand over properties to inexperienced minor children and ill-informed women which usually results in the wastage of the property and the quick poverty which follows in its wake.

Do not hand over properties to the feeble-minded

The most revered exegete of the Holy Qur'an, Sayyidna ` Abdullah ibn ` Abbas ؓ : 'The guidance the Holy Qur'an gives in this verse is: Do not, by handing over all your property to feeble-minded children and women, become dependent on them. Since Allah Almighty has made you the guardian and the manager, you should, rather, hold the property in your safe custody and keep spending from it as necessary in order to feed and clothe them. And should they, even then, demand to take possession of the property, explain to them honestly, fairly and reasonably in a way which neither breaks their heart nor causes the property to be wasted. For instance, say something like:' All this is there for you. Just grow up a little more and you will have it all.'

Based on this tafsir of Sayyidna ` Abdullah ibn ` Abbas ؓ ، the sense of the verse covers all women, children and others who are feeble-minded and inexperienced, to whom it is dangerous to hand over properties since it may result in their loss, irrespective of the fact that they may be one's own children, or orphans, or the fact be that the property may belong to such children and orphans themselves, or to the guardians. The same tafsir has been reported from Sayyidna Abu Musa al-Ash` ari ؓ and the renowned mufassir al-Tabari has also adopted the same view.

The context of the earlier and later verses may, though, lead one to particularize this injunction too with orphaned children, yet, the generality of words remains there as such and which includes all children, orphans and non-orphans. And perhaps, the form of address in اموالکم 'amwalukum' (your properties) may have the special wisdom that it is inclusive of the properties of the guardians as well as that of the orphans. The suggestion is that the properties of the orphans, until such time that they become mature and discerning, remain under the guardian's safe custody and responsibility as if these properties, so to say, were like their own. It will be recalled that the fact of the matter - that the properties of the orphans have to be given only to them - has been made very clear in verse 2: وَآتُوا الْيَتَامَىٰ أَمْوَالَهُمْ (And give the orphans their property). After this, there remains no reason for any doubt.

Protecting property is necessary. Wasting it is a sin. A person killed while defending his property is a shahid (martyr). This is similar to being killed in defence of one's life which makes one deserving of the great reward of شھادہ shahadah (martyrdom). The Holy Prophet ﷺ has said:

من قُتِلَ دُونَ مالِہِ فھوَ شھید

Whosoever is killed while protecting his property is a shah id (that is, he is counted among Muslim martyrs in terms of Divine reward). (Bukhri, v.1, p. 337 - Muslim, v.1, p.81)

He has also said:

نعما بالمال الصالح للرجل الصالح

For a good man, his good and clean property is the best asset of his life. (Mishkat, p. 326)

Yet another saying of his is:

لا باسَ بِالغنیٰ لمنِ اتَّقیِ اللہ عَزَّوجَلَّ

Being rich is not harmful for one who fears Allah, the Mighty, the Exalted. (Mishkat, p. 491)

The last two ahadith quoted above tell us that the wealth possessed by a righteous and God-fearing person is not harmful for him because such a person, by virtue of being God-fearing, will abstain from spending it in what is sinful. The anti-wealth teachings of many Muslim saints and mystics apply to none but those who spend their lustily-earned wealth for sinful purposes and thus go on to make it the cause of their punishment in the Hereafter. Also, since man is naturally inclined to abandon, once he is rich, all concerns of moderation in his spending, as well as the very anxiety to see that he stays safe against other sins - that is why staying away from wealth has been considered desirable. God bless our earlier people; they would earn, more or less, as needed, were grateful to Allah and ended up being happy that they have succeeded in saving their skins from being ultimately 'audited' for the whats and hows and whereas of spending their wealth, if they had it. But, in our time, people do not care much about matters of faith; they are more attracted to material things; they are all too ready to abandon their faith at the slightest provocation, not because there is some discomfort involved. Rather, they would do that lest they go against fragile fashion, or trend, or some borrowed norm of contemporary society. Therefore, it is important that people earn lawfully and conserve their earnings. For such people, the Holy Prophet ﷺ has said:

کَادَ الفَقرُ اَن یَّکُونَ کُفُراً

Poverty can take one to the point of being a disbeliever. (Mishkat, p. 439)

Sayyidna Sufyan al-Thawri ؓ elaborates this by saying:

کان المال فیما مضی یکرہ، فاما الیوم فھو ترس المؤمن

Previously, owning and keeping wealth was not considered good, but today, this wealth is a shield of the true Muslim.

He has also said:

من کان فی یَدِہِ مِن ھٰذہِ شیاً فَلیُصلِحۃ ، فانُّہ زَمَانُ اِنِ احتاجَ کَانَ اوَّل من یبذل دینہ

Whoever has any of this (wealth) in his hands should make it serve him well for these are times when, in the event of some need, one is likely to first 'spend' his faith in order to take care of that need. (i.e. the desire to fulfill one's need has become more important than the obligation to follow one's faith) (Mishkat, p.491)