What is the ruling on a brother, who is their guarantor, taking from his deceased father's salary, which is designated for his sisters and brothers, knowing that this money is saved for times of hardship?
Orphaning a child is one of the most virtuous acts of righteousness. Al-Nawawi clarified that the virtue of guardianship encompasses the person who takes care of the orphan's affairs, including sustenance, clothing, discipline, and upbringing, whether from their own private funds or from the orphan's money through a legitimate guardianship.
If the orphan has money, their expenses are to be covered from their own funds. However, if the guardian spends on the orphan from their own money, there are two situations: 1. If they donate the expenditure, they are not permitted to take anything from the orphan's money in return. 2. If they intend to recover part of what they spent when needed, they may take from the orphan's money, provided that what they take does not exceed what they spent.
If the orphan's guardian needs to take from the orphan's money in exchange for managing their affairs, they may do so, based on the Almighty's saying: "And whoever is rich, let him abstain, and whoever is poor, let him eat with moderation." Sheikh Ibn 'Uthaymeen clarified that the poor guardian may take what suffices them from the orphan's money with moderation, whether it is equivalent to their wages, less, or more.
Based on this, it is permissible to take from the orphans' money in two cases: 1. If the guardian spends on them from their own money and intends to recover these expenses when needed. 2. If the guardian is poor and in need, they may take from their money with moderation what suffices them, without excess or extravagance.
Summarized from the full answer at Ftawy · reviewed Sep 2, 2026
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