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The question

Is the land that was taken by the person who exploited the modesty of the orphans, and took the largest and most valuable piece of land from them, with his prior knowledge of that and their ignorance of it, permissible or impermissible?

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Source: FtawySummarized from the full answer at Ftawy · imported Sep 2, 20261 min readAlso available in العربية
The answer

Whoever takes land designated for orphans, his action is forbidden and constitutes consuming their wealth, especially if they have not reached puberty; for the donation of a minor is not considered legally valid. As for those among them who have reached maturity, their donation is valid if given willingly and by choice. However, it is not permissible to take anything from them if it is out of shyness, based on the Prophet's (peace be upon him) saying: "The wealth of a Muslim person is not lawful except with his willing consent."

A poor guardian may consume from the orphan's wealth in a reasonable manner, which is the lesser of his wage or the extent of his need. If he is wealthy, he must refrain from doing so. A trustee who invests and develops the orphans' wealth must consult the Sharia judge to determine what the Sharia requires regarding his wage or share of the profit.

In conclusion, it is not permissible for this person to take the aforementioned land, and he must be advised to return it. If he is poor, he may take his wage; otherwise, his case should be brought before the Sharia court.

Summarized from the full answer at Ftawy · imported

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Source platform
Ftawy
Original fatwa ID
18882
Imported
Translation status
Source text, unreviewed
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