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(Book 17, Hadith 15) #35644
Trading with Orphans' Property

SUMMARY: It is permissible to use the property of orphans for trading purposes if the guardian has permission.

Yahya related to me from Malik that Yahya ibn Said bought some property on behalf of his brother's sons who were orphans in his house, and that that property was sold afterwards for a great deal of profit. Malik said, "There is no harm in using the property of orphans to trade with on their behalf if the one in charge of them has permission. Furthermore, I do not think that he is under any liability".
وَحَدَّثَنِي عَنْ مَالِكٍ، عَنْ يَحْيَى بْنِ سَعِيدٍ، أَنَّهُ اشْتَرَى لِبَنِي أَخِيهِ - يَتَامَى فِي حَجْرِهِ - مَالاً فَبِيعَ ذَلِكَ الْمَالُ بَعْدُ بِمَالٍ كَثِيرٍ ‏.‏ قَالَ مَالِكٌ لاَ بَأْسَ بِالتِّجَارَةِ فِي أَمْوَالِ الْيَتَامَى لَهُمْ إِذَا كَانَ الْوَلِيُّ مَأْذُونًا فَلاَ أَرَى عَلَيْهِ ضَمَانًا

TOPICS
trading  *  property  *  orphans  *  permission  *  tijarah  *  mal  *  yatama  *  ijazah

QUICK LESSONS:
Use the property of orphans for trading purposes if you have permission from a court or other authority .

EXPLANATIONS:
This hadith discusses the issue of trading with orphans' property. It is narrated by Yahya ibn Said and Malik ibn Anas that Yahya bought some property on behalf of his brother's sons who were orphans in his house, and that this property was sold afterwards for a great deal of profit. Malik said, "There is no harm in using the property of orphans to trade with on their behalf if the one in charge of them has permission". This means that it is permissible to use the property of orphans for trading purposes if the guardian has permission from a court or other authority. Furthermore, it was stated that he would not be liable for any losses incurred during such trades. This hadith teaches us about being responsible when dealing with others' possessions, especially those belonging to vulnerable people such as children or those without legal guardianship.

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