A guardian’s disposal of a child’s property

Question

A child from a certain family was entrusted to a man’s supervision for his education. There is a landed estate in the child’s name; gifts (hiba) are made to him; money comes in his name, and the guardian spends it on his own needs as well. This child commits usurpation (ghasb), in that he steals something, or sadaqa is given to him, although he is a sayyid, a student, also a traveller, and of course a minor; the guardian, too, is dependent on others and poor.

Answer

It is impermissible for this child to take obligatory charities (sadaqat wajiba); theft and usurpation (ghasb) are also forbidden. It is not correct for the guardian to dispose of the child’s property for himself; and his gift should not be accepted either.

Source: Fatawa Mahmudiyya

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