Is it permissible for a guardian to take a percentage of the profits from an orphan's money that he has invested, knowing that he did not intend a partnership beforehand, and what is the entitled percentage if that is permissible for him?
Firstly, it is recommended to invest and grow the orphan's money. Scholars differed on whether it is permissible for the guardian to take a portion of the profit in return for his work. The majority believe that the entire profit belongs to the orphan and it is not permissible for the guardian to take anything from it except with the judge's permission. Others, however, believe it is permissible for the guardian to take a share like any other person, and this is the more preponderant view. The judge determines the amount the guardian is entitled to from the profit, or this is done in consultation with trustworthy and reliable people if there is no Sharia judiciary.
Secondly, it is not permissible for the guardian to take anything from past profits if the intention was not (profit-sharing investment), but rather a donation. However, if the guardian is poor and in need, it is permissible for him to take the lesser of his wage or what suffices him.
Summary from Ftawy's records · added here
Reviewed by El Fatwa's sharia committee.
Read the full answer on Ftawyhttps://ftawy.com/en/questions/17217
Where this answer came from
- Source platform
- Ftawy
- Original fatwa ID
- 17217
- Added here
- . This is when the answer was added to El Fatwa, not the fatwa's date.
- Text
- Summary from Ftawy's records, reviewed by El Fatwa's sharia committee.
- Read the full ruling
- Read the full answer on Ftawy