Transliteration:( Wabtalul yataamaa hattaaa izaa balaghun nikaaha fa in aanastum minhum rushdan fad fa'ooo ilaihim amwaalahum wa laa ta' kuloohaaa israafanw wa bidaaran ai yakbaroo; wa man kaana ghaniyyan falyasta' fif wa man kaana faqeeran fal ya' kul bilma'roof; fa izaa dafa'tum ilaihim amwaalahum fa ash-hidoo 'alaihim; wa kafaa billaahi Haseeba )
18. By "Testing the orphans" is meant to give them a certain amount of money to spend, make them purchase some goods to determine whether they have reached the ability to think or not, and whether they are capable of taking care of their wealth in future.
From this we learn that greatness lies not in the acquisition of wealth but spending it correctly. Everyone knows how to earn money but only a few know how to spend it frugally.
Furthermore, we learn that it is important to teach the children about worldly things as well as about religious matters.
19. In this verse the proof is based on Sahebain i.e. Imam Muhammad (Rahmatullah Alaihi) and Imam Yusuf (Rahamatullah Alaihi) that even after reaching maturity if the child is unable to take care of his wealth responsibly. the wealth should not be handed over to him.
But according to Imam Abu Hanifa (Radiallahu Anhu) wealth should be returned to him when he reaches the age of twenty five. Eighteen years of age is the limit for maturity, a further seven years are added if he has reached maturity (Roohul Bayaan). Proof of this is found in books of Jurisprudence. In any case, from this verse we learn that the care of wealth is of utmost importance as most of the worldly and religious works are dependent on it.
20. Some guardians make lavish weddings of the orphans with their wealth in which much unlawful expenditure is incurred. Such guardians are indeed unconcerned about the welfare of these orphans and to an extent are their enemies. They are included in this verse. Some poor guardians who charge exorbitantly for taking care of the orphans, too, are included in this verse.
21. In this there is a hint that during times of need, it is permissible to take wages for doing religious work, i.e. taking care of orphans is a religious work for which poor guardians are allowed to take a wage from their wealth. It is for this reason that the Khulafa-e-Rashideen (Righteous Caliphs) took wages for discharging the duties of Khilafah, besides Hazrat Uthman (May Allah be pleased with him) who worked free of charge.
Hence, wages can be taken for making Imamat, teaching in the Madressa, etc.
22. "Bring Witnesses" is a voluntary command. In all financial matters where there is a fear of argument in respect of these, it is better to appoint witnesses over their management. From this, we learn that every command is not of a compulsory nature. Sometimes the command can be used for other purposes and forgiveness.
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The tafsir of Surah Nisa verse 6 by Ibn Kathir is unavailable here.
Please refer to Surah Nisa ayat 5 which provides the complete commentary from verse 5 through 6.
(4:6) Test the orphans until they reach the age of marriage,[9] and then if you find them mature of mind hand over to them their property,[10] and do not eat it up by either spending extravagantly or in haste, fearing that they would grow up (and claim it). If the guardian of the orphan is rich let him abstain entirely (from his ward’s property); and if he is poor, let him partake of it in a fair measure.[11] When you hand over their property to them let there be witnesses on their behalf. Allah is sufficient to take account (of your deeds).
9. When such people approach their majority their mental development should be watched so as to determine to what extent they have become capable of managing their own affairs.
10. Two conditions have been laid down for handing over the charge of their properties to such people. The first of these is the attainment of puberty, and the second is that of mental maturity – i.e. the capacity to manage their affairs in a sound and appropriate manner. There is full agreement among Muslim jurists with regard to the first condition. As for the second condition, Abu Hanifah is of the opinion that if an orphan does not attain mental maturity after he has attained puberty, the guardian of the orphan should wait for a maximum of seven years after which he should hand over the property to its owner regardless of whether he has attained maturity or not. According to Abu Yusuf, Muhammad b. al-Hasan and Shafi’i, maturity is an indispensable pre-condition for the handing over of property. If one were to apply the doctrine of the latter jurists it would probably be more appropriate to refer particular cases to a judge under Islamic law. If the judge is convinced that the person concerned lacks maturity he should make adequate arrangements for the supervision of that person’s financial affairs. (For a more complete study of the subject see Jassas, vol. 2, pp. 59 ff.; Ibn Rushd, Biddyat al-Mujtahid, 2 vols., Cairo, Al-Maktabahal-Tijariyahal-Kubra, n.d., vol. 2, pp. 275ff.-Ed.)
11. The guardian is entitled to remuneration for his service. The amount of this remuneration should be such as is deemed to be fair by neutral and reasonable people. Moreover, the guardian is instructed that he should take a fixed and known amount by way of remuneration, that he should take it openly rather than secretly, and that he should keep an account of it.
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