Using the Properties of Orphans in Business and Lending

“I once said to abu ‘ Abd Allah (a.s.), ‘I had a brother who has died and made a will in which he appointed my brother who is elder to me and myself as executors. He has left behind a small son and has left behind a certain amount of assets. My brother uses that asset in business and gives the extra to the orphan and has taken the responsibility for the assets of the orphan. He (the Imam) said, ‘If your brother’s own asset is sufficient to cover the assets of the orphan, then it is not harmful; but if he does not have that much asset he must not bother with the assets of the orphan.’”

“About the case of the assets of orphans, abu ‘Abd Allah (a.s.), has said, ‘One who uses the assets of the orphan in business is responsible and the profit belongs to the orphan, if the worker does not have anything of his own assets in it.’ He (the Imam) said, ‘This person is responsible to pay for any damage caused.’”

“About the case of a man who has the assets of an orphan with him, abu ‘Abd Allah (a.s.), has said, ‘If he is poor and has no assets of his own, he must not touch the assets of the orphan; and if he uses it in business, he is responsible for it and the profit belongs to the orphan.’”

“I once said to abu ‘Abd Allah (a.s.), that my brother has told me to ask you about the assets of an orphan who is under his (my brother’s) guardianship and he uses the assets of the orphan in business. He (the Imam) said, ‘If your brother’s assets are sufficient to cover the assets of the orphan in case it is destroyed, it is permissible; otherwise, it is not permissible and he must not hassle with the assets of the orphan.’”

“This is concerning my question before abu ‘Abd Allah (a.s.), about the case of a man who is the person in charge of the assets of an orphan; if he can borrow from such assets. He (the Imam) said, ‘Ali ibn al-Husayn (a.s.), would borrow from the assets of orphans under his guardianship, thus, it is not harmful.’”

“This is concerning my question before abu ‘Abd Allah (a.s.), about the case of a man who is the person in charge of the assets of orphans; if he can borrow from such assets. He (the Imam) said, ‘Ali ibn al-Husayn (a.s.), would borrow from the assets of orphans under his guardianship.’”

“I once asked abu al-Hassan (a.s.), about the case of a man in whose family someone has the assets of orphans and he gives a certain amount of dirham to him that he needs; and the person with whom there are the assets of orphans does not know if he has taken anything from their assets. He thereafter becomes affluent. Is it better for him to give it back to the one who had given him such assets or to the orphan who has reached maturity? Is it sufficient if he gives it to the one from whom he had received the amount in the form of gifts without informing him about his borrowing anything from him? He (the Imam) said, ’Either way is sufficient. To give it as gift to his friend is sufficient because it is of the secret matters, if he had the intention to return to the orphan who has become mature, and in whatever manners he returns even if he does not inform him about his borrowing or if he wants he can return to the one from whom he had received the amount.’ He (the Imam) said, ‘If his friend is absent, he then must return it to the one from whom he had received the amount.’”

“Once abu ‘Abd Allah (a.s.), was asked about the case of a man who becomes the person in charge of the assets of orphans and borrows a certain amount thereof. He (the Imam) said, ‘Ali ibn al-Husayn, would borrow from the assets of orphans under his guardianship.’”