30/11. Chapter:

Sunan an-Nasai 3668 — Using Orphan Property Without Waste or Excess

What The Guardian Is Entitled To Of An Orphan's Property If He Takes Care Of It

Orphan Property Guardian Rules: No Extravagance, Waste, or Personal Capital

Sunan an-NasaiHadith Number 3668

أَخْبَرَنَا إِسْمَاعِيلُ بْنُ مَسْعُودٍ، قَالَ حَدَّثَنَا خَالِدٌ، عَنْ حُسَيْنٍ، عَنْ عَمْرِو بْنِ شُعَيْبٍ، عَنْ أَبِيهِ، عَنْ جَدِّهِ، أَنَّ رَجُلاً، أَتَى النَّبِيَّ صلى الله عليه وسلم فَقَالَ إِنِّي فَقِيرٌ لَيْسَ لِي شَىْءٌ وَلِي يَتِيمٌ‏.‏ قَالَ ‏ "‏ كُلْ مِنْ مَالِ يَتِيمِكَ غَيْرَ مُسْرِفٍ وَلاَ مُبَاذِرٍ وَلاَ مُتَأَثِّلٍ ‏"‏‏.‏

'Amr bin Shu'aib Narrated from:

A man came to the Prophet and said: "I am poor and I do not have anything, and I have an orphan (under my care)." He said: "Eat from the property of your orphan without being extravagant, wasteful or keeping it as capital for yourself."

Reference : Sunan an-Nasa'i 3668In-book reference : Book 30, Hadith 58English translation : Vol. 4, Book 30, Hadith 3698

Summary of Sunan an-Nasai Hadith 3668

This hadith sets clear orphan property guardian rules for the specific man who came to the Prophet. He said that he was poor, owned nothing, and had an orphan under his care. The Prophet allowed him to eat from the orphan's property, but placed three limits on that use: he must not be extravagant, wasteful, or keep it as capital for himself. The permission in the narration is therefore not open-ended. It is tied to need and restricted against misuse. The text does not give a fixed amount, so no amount should be invented. Its main message is that a guardian's poverty does not turn the orphan's wealth into personal property. Any allowed use must stay controlled and must not become a way to build the guardian's own wealth.

What we learn from this hadith

  • The man's poverty and care of an orphan were both stated before the answer.
  • Use of the orphan's property was restricted against extravagance and waste.
  • The guardian was told not to turn the orphan's wealth into capital for himself.

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