Yahya related to me from Malik that Yahya ibn Said bought some property on behalf of his brother's sons who were orphans in his house, and that that property was sold afterwards for a great deal of profit.

Malik said, "There is no harm in using the property of orphans to trade with on their behalf if the one in charge of them has permission. Furthermore, I do not think that he is under any liability."

(regarding His Statement): 'They ask your instruction concerning the women. Say: Allah instructs you about them ...' (4.127) It is about the female orphan who is under the guardianship of a man with whom she shares her property and he does not want to marry her and dislikes that someone else should marry her, lest he should share the property with him, so he prevents her from marrying. So Allah forbade such a guardian to do so (i.e. to prevent her from marrying).

Anas bin Malik said, "My grandmother Mulaika invited Allah's Apostle for a meal which she herself had prepared. He ate from it and said, 'Get up! I will lead you in the prayer.' " Anas added, "I took my Hasir, washed it with water as it had become dark because of long use and Allah's Apostle stood on it. The orphan (Damira or Ruh) and I aligned behind him and the old lady (Mulaika) stood behind us. Allah's Apostle led us in the prayer and offered two rak`at and then left."

The Prophet said, "Avoid the seven great destructive sins." They (the people!) asked, "O Allah's Apostle! What are they?" He said, "To join partners in worship with Allah; to practice sorcery; to kill the life which Allah has forbidden except for a just cause (according to Islamic law); to eat up usury (Riba), to eat up the property of an orphan; to give one's back to the enemy and fleeing from the battle-field at the time of fighting and to accuse chaste women who never even think of anything touching chastity and are good believers."

Allah's Apostle said, "It is essential to have the consent of a virgin (for the marriage). I said, "A virgin feels shy." The Prophet; said, "Her silence means her consent." Some people said, "If a man falls in love with an orphan slave girl or a virgin and she refuses (him) and then he makes a trick by bringing two false witnesses to testify that he has married her, and then she attains the age of puberty and agrees to marry him and the judge accepts the false witness and the husband knows that the witnesses were false ones, he may consummate his marriage."

The Prophet (saws) said: A guardian has no concern with a woman previously married and has no husband, and an orphan girl (i.e. virgin) must be consulted, her silence being her acceptance.

Yahya related to me from Malik that he had heard that Umar ibn al-Khattab said, "Trade with the property of orphans and then it will not be eaten away by zakat."

The same ,Hadith above: A man called Khidam married a daughter of his (to somebody) against her consent. 'If you fear that you shall not be able to deal justly with the orphan girls then marry (other) women of your choice.' (4.3) And if somebody says to the guardian (of a woman), "Marry me to soand- so," and the guardian remained silent or said to him, "What have you got?" And the other said, "I have so much and so much (Mahr)," or kept quiet, and then the guardian said, "I have married her to you," then the marriage is valid (legal). This narration was told by Sahl on the authority of the Prophet.

"Allah's Apostle said to me, "Have you got married O Jabir?" I replied, "Yes." He asked "What, a virgin or a matron?" I replied, "Not a virgin but a matron." He said, "Why did you not marry a young girl who would have fondled with you?" I replied, "O Allah's Apostle! My father was martyred on the day of Uhud and left nine (orphan) daughters who are my nine sisters; so I disliked to have another young girl of their age, but (I sought) an (elderly) woman who could comb their hair and look after them." The Prophet said, "You have done the right thing."

My father died and left behind seven or nine daughters, and I married a woman. The Prophet said, "Did you get married, O Jabir?" I replied, "Yes." He asked, "Is she a virgin or a matron?" I replied, "She is a matron." He said, "Why didn't you marry a virgin girl so that you might play with her and she with you (or, you might make her laugh and she make you laugh)?" I said, "My father died, leaving seven or nine girls (orphans) and I did not like to bring a young girl like them, so I married a woman who can look after them." He said, "May Allah bestow His Blessing on you."

The Messenger of Allah (saws) said to me: Abu Dharr, I see you weak, and I like for you what I like for myself. Do not be a leader of two (persons), and do not be a guardian of an orphan.

Abu Dawud said: This has been narrated only by the people of Egypt.

Yahya related to me from Malik that he had heard that A'isha, the wife of the Prophet, may Allah bless him and grant him peace, used to give the property of the orphans that were in her house to whoever would use it to trade with on their behalf.

That Abu Sa'eed said: "We had some wine that belonged to an orphan. When Al-Ma'idah was revealed I asked the Messenger of Allah (saws) about it, I said: 'It belongs to an orphan.' He said: 'Spill it out.'"

[He said:] There is something on this topic from Anas bin Malik.

[Abu 'Eisa said:] The Hadith of Abu Sa'eed is a Hasan [Sahih] Hadith. Similar to this has been reported through other routes from the Prophet (saws). Some of the people of knowledge stated according to this, they dislike the usage of wine for making vinegar. And the only thing that they disliked about it, and Allah knows best, is for a Muslim to have wine in his house until it becomes vinegar. Abu Al-Waddak's name is Jabr bin Nawf.

The aunt of Umarah ibn Umayr asked Aisha: I have an orphan in my guardianship. May I enjoy from his property? She said: The Messenger of Allah (saws) said: The pleasantest things a man enjoys come from what he earns, and his child comes from what he earns.

Yahya related to me from Malik from Abd ar-Rahman ibn al-Qasim that his father said, ''A'isha used to look after me and one of my brothers - we were orphans - in her house, and she would take the zakat from our property."

Yahya related to me from Malik that Safwan ibn Sulaym heard that the Prophet, may Allah bless him and grant him peace, said, "I and the one who guards the orphan, whether for himself or for someone else, will be like these two in the Garden, when he has taqwa," indicating his middle and index fingers.