Upon whom is the maintenance of children whose father has died incumbent in the event that they have no money; is it upon the mother, the paternal uncles, or the inheritor?
The orphan's relatives and his mother should compete in honoring him, spending on him, and caring for him. Allah has commanded kindness to him and made giving him money an act of righteousness. The Prophet (peace be upon him) encouraged sponsoring orphans and promised Paradise to their sponsors. The jurists differed on who is obligated to spend on him; Imam Al-Shafi'i held that it is the responsibility of the affluent mother, while Imam Ahmad held that it is the responsibility of whoever inherits from him, in proportion to their inheritance. The majority of the Salaf (early Muslims) held that it is obligatory for relatives to spend on him.
Summary from Ftawy's records · added here
Reviewed by El Fatwa's sharia committee.
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- 47103
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- Summary from Ftawy's records, reviewed by El Fatwa's sharia committee.
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