Is it permissible to utilize and then donate an orphans' library, given that the orphans will not benefit from it until after a long time, which may lead to its damage? And does the guardian's purchase of the library with his own money count as an act in the orphans' best interest?
Reading books owned by orphans is considered a loan. Jurists have differed regarding the permissibility of lending an orphan's property. The majority of jurists prohibit it, considering it a donation in which there is no benefit for the orphan, while some Hanafis permitted it.
The guardian is not entitled to donate anything from the orphan's property, whether books or otherwise, because the orphan's property must be managed in a way that is most beneficial and advantageous to them. No disposition of it is permissible except that which benefits the ward. The guardian guarantees whatever they donate.
It is not permissible to sell a minor's property except by the father, the guardian, or the ruler. They should only sell if there is a benefit for the minor in the sale, such as selling books to prevent their spoilage if the guardian deems it beneficial.
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- Original fatwa ID
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