17:34 Al-Israa (The Night Journey)

وهذا من لطفه ورحمته تعالى باليتيم الذي فقد والده وهو صغير غير عارف بمصلحة نفسه ولا قائم بها أن أمر أولياءه بحفظه وحفظ ماله وإصلاحه وأن لا يقربوه { إِلَّا بِالَّتِي هِيَ أَحْسَنُ } من التجارة فيه وعدم تعريضه للأخطار، والحرص على تنميته، وذلك ممتد إلى أن { يَبْلُغَ } اليتيم { أَشُدَّهُ } أي: بلوغه وعقله ورشده، فإذا بلغ أشده زالت عنه الولاية وصار ولي نفسه ودفع إليه ماله. كما قال تعالى: { فَإِنْ آنَسْتُمْ مِنْهُمْ رُشْدًا فَادْفَعُوا إِلَيْهِمْ أَمْوَالَهُمْ } { وَأَوْفُوا بِالْعَهْدِ } الذي عاهدتم الله عليه والذي عاهدتم الخلق عليه. { إِنَّ الْعَهْدَ كَانَ مَسْئُولًا } أي: مسئولين عن الوفاء به وعدمه، فإن وفيتم فلكم الثواب الجزيل وإن لم تفوا فعليكم الإثم العظيم.

يقول تعالى "ولا تقربوا مال اليتيم إلا بالتي هي أحسن حتى يبلغ أشده" أي لا تتصرفوا في مال اليتيم إلا بالغبطة "ولا تأكلوها إسرافا وبدارا أن يكبروا ومن كان غنيا فليستعفف ومن كان فقيرا فليأكل بالمعروف" وقد جاء في صحيح مسلم أن رسول الله صلى الله عليه وسلم قال لأبي ذر "يا أبا ذر إني أراك ضعيفا وإني أحب لك ما أحب لنفسي لا تأمرن على اثنين ولا تولين مال يتيم" وقوله "وأوفوا بالعهد" أي الذي تعاهدون عليه الناس والعقود التي تعاملونهم بها فإن العهد والعقد كل منهما يسأل صاحبه عنه "إن العهد كان مسئولا" أي عنه.

The Command to handle the Orphan's Wealth properly and to be Honest in Weights and Measures

وَلاَ تَقْرَبُواْ مَالَ الْيَتِيمِ إِلاَّ بِالَّتِى هِىَ أَحْسَنُ حَتَّى يَبْلُغَ أَشُدَّهُ

(And come not near to the orphan's property except to improve it, until he attains the age of full strength.) meaning, do not dispose of the orphan's wealth except in a proper manner.

وَلاَ تَأْكُلُوهَآ إِسْرَافاً وَبِدَاراً أَن يَكْبَرُواْ وَمَن كَانَ غَنِيّاً فَلْيَسْتَعْفِفْ وَمَن كَانَ فَقِيراً فَلْيَأْكُلْ بِالْمَعْرُوفِ

(but consume it the orphan's property not wastefully and hastily fearing that they should grow up, and whoever (among guardians) is rich, he should take no wages, but if he is poor, let him have for himself what is just and reasonable (according to his labor).) 4:6 In Sahih Muslim it is recorded that the Messenger of Allah ﷺ said to Abu Dharr:

«يَا أَبَا ذَرَ إِنِّي أَرَاكَ ضَعِيفًا، وَإِنِّي أُحِبُّ لَكَ مَا أُحِبُّ لِنَفْسِي: لَا تَأَمَّرَنَّ عَلَى اثْنَيْنِ، وَلَا تَوَلَّيَنَّ مَالَ الْيَتِيم»

(O Abu Dharr, I see that you are weak (in adiministering), and I like for you that which I like for myself. Do not let yourself be appointed as Amir over two people, and do not let yourself be appointed as guardian of an orphan's property.)

وَأَوْفُواْ بِالْعَهْدِ

(And fulfill (every) covenant.) meaning, everything that you promise people, and the covenants that you agree to, because the person who makes a covenant or a promise will be asked about it:

إِنَّ الْعَهْدَ كَانَ مَسْؤُولاً

(Verily, the covenant will be questioned about.)

وَأَوْفُوا الْكَيْلَ إِذا كِلْتُمْ

(And give full measure when you measure.) meaning, do not try to make it weigh less nor wrong people with their belongings.

وَزِنُواْ بِالْقِسْطَاسِ

(and weigh with a balance) meaning scales,

الْمُسْتَقِيمَ

(that is straight.) meaning that which is not distorted nor that which will cause confusion.

ذَلِكَ خَيْرٌ

(that is good) for you, in your daily life and in your Hereafter. So Allah says:

وَأَحْسَنُ تَأْوِيلاً

(and better in the end.) meaning, with regard to your ultimate end in the Hereafter.

ذلِكَ خَيْرٌ وَأَحْسَنُ تَأْوِيلاً

(That is good (advantageous) and better in the end.) Sa`id narrated that Qatadah said that this means "Better in reward and a better end. " Ibn `Abbas used to say: "O people, you are entrusted with two things for which the people who came before you were destroyed - these weights and measures."

And do not come anywhere near an orphan’s property except in the fairest manner until he comes of age. And fulfil the covenant should you make a covenant with God or with people in general. Indeed the covenant will be enquired into.

Commentary

Mentioned in the two verses cited above, there are three injunctions: the ninth, the tenth and the eleventh. They relate to financial rights. It will be recalled that previous verses dealt with physical rights while the financial ones appear here.

Caution in handling the property of orphans

The ninth injunction given in the first verse (34) concerns the protection of properties owned by orphans and the observation of caution in their handling. Laying emphasis on it, it was said: 'And do not go (even) near the property of orphans.' It means that there should be no free use of their property counter to the provisions of the Shari` ah or the interest and advantage of the children. Those who are charged with the protection and management of the properties of orphans are duty-bound to observe utmost caution therein. When spending, they must spend only in the interest and to the advantage of orphans - and definitely not as based on their whim or lack of concern. And this pattern of management is to continue until such time when the orphaned children grow up and become capable of protecting their property themselves - the lower limit is when they attain to the age of fifteen years while the higher is eighteen years.

The fact is that it is just not permissible to spend from anyone's property through false means. But, it has been mentioned here in the case of orphans particularly because they themselves are incapable of keeping or taking account and no one is expected to know about it. So, a place where no one is present to demand one's right is exactly the place where the demand of Allah Ta’ ala becomes stronger and harder. Any shortfall in disbursing such rights becomes more sinful as compared to the rights of common people.

Fulfillment of Covenants and Implementation of Contracts

The tenth injunction enjoins the fulfillment of the covenant. There are two forms of the covenant. The first form has two aspects to it: (1) Between Allah and His servant, like the covenant of the servant in eternity that Allah is their Lord. This covenant necessarily results in obedience to His injunctions and the seeking of His pleasure. This is a covenant every human being has made in eternity irrespective of whether he or she is a believer or a disbeliever. (2) The second covenant is the covenant of a believer made through shahadah or professing of the kalimah: لا إله إلا اللہ (la ilaha illallah: there is no god but Allah) the outcome of which is a perfect following of Divine injunctions and the seeking of His pleasure.

The second form of the covenant takes effect between human beings themselves. This includes all treaties, pacts, agreements, pledges and contracts - political, commercial, or transactional - that are made between individuals or groups or institutions all over the world.

The fulfillment of all covenants identified in the first form is obligatory on human beings. As for the other kind of covenants or contracts, it is also obligatory to fulfill them subject to the condition that they should not be against the Islamic Law. As for those that are against the Islamic Law, it is obligatory to terminate them - after having first served a notice on the other party. If one of the parties does not fulfill, the other party has the right to go to the court and make them fulfill it. Essentially, a contract is an agreement between two parties that they would do or not do something. And in case, someone unilaterally promises to some-one else that he would give him a certain thing or meet him at a certain time or take care of a certain task for him, then, it is also obligatory to fulfill this promise. There are commentators who include this too under the sense of covenant, but they do so with a slight difference. We know when two parties are bound by a contract, any contravention by one of them can be challenged in the court and the other party can force its completion. But, the fulfillment of a unilateral promise cannot be enforced through the court. Of course, if someone were to go back on the promise made to someone else - without any valid legal excuse permitted by the Shari` ah - he will be committing a sin. In Hadith, this has been called hypocrisy in acts.

At the end of this verse, it was said: إِنَّ الْعَهْدَ كَانَ مَسْئُولًا (Surely, the covenant shall be asked about). It means: 'On the day of Qiyamah, the way questions shall be asked about the fulfillment or non-fulfillment of obligatory divine injunctions, so it will be with mutual contracts - these too will be asked about.' Here, it has been left at that only: 'it will be asked about.' at is going to happen next after the questioning? This has been left untold. Perhaps, intended as such, it may be signaling towards the danger being great!

The eleventh injunction enjoins fulfillment of weights and measures in transactions of buying and selling and forbids any short measuring. Full details appear in Surah al-Mutaffifin (83).

Ruling

Respected jurists of Islam say that the outcome of the injunction against shortening weights and measures is that it is Haram (unlawful) to give less than whatever is the due of whoever it may be. Therefore, it is also included therein that an employee curtails the assigned duty entrusted with him or gives a time that is less than what should actually be given to it, or that a worker shirks work and fails to deliver what is due out of it.