17. Surah Al Israa, Mecca 50
The Quranic Text & Ali’s Version:
وَلاَ تَقْرَبُواْ مَالَ الْيَتِيمِ إِلاَّ بِالَّتِي هِيَ أَحْسَنُ ...
17: 34. Come not nigh to the orphan's property except to improve it,
C2217. Cf. 6:152, and other passages relating to orphans, e.g., 2:220.
If an orphan's property is touched at all, it should be to improve it, or to give him something better than he had before,
- never to take a personal advantage for the benefit of the guardian.
A bargain that may be quite fair as between two independent persons would be, under this verse, unfair as between a guardian and his orphan ward until the latter attains the full age of understanding.
... حَتَّى يَبْلُغَ أَشُدَّهُ...
until he attains the age of full strength;
C2218. Ashuddahu means the age when the orphan reaches his full maturity of strength and understanding, say between the ages of 18 and 30.
The age of legal maturity may be 18 (as for certain purposes in India) or 21 (as in England). For certain purposes in Muslim law it may be less than 18.
In the orphan's interest a much stricter standard is required in his case.
...وَأَوْفُواْ بِالْعَهْدِ ...
and fulfil (every) engagement, for (every)
C2219. The definite article al has here a generic meaning, and is best translated by "every".
... إِنَّ الْعَهْدَ كَانَ مَسْؤُولاً ﴿٣٤﴾
engagement will be enquired into (on the Day of Reckoning).
C2220. From the context the engagements referred to would relate to beneficial contracts connected with the orphan's property or promises or undertakings given by the guardian or implied in the terms of his appointment. But the words are general and may be interpreted in the general sense.
Note that this sentence does not occur in the similar passage in 6:152, where there was a discussion of social laws: it is appropriate here, where the discussion is about the guardian's personal and individual responsibility in a spiritual sense.
Transliteration Wa la_ ataqrabu_ ma_lal yatimi illa_ billati hiya ahasanu hatta_ yabluga asyuddah(u_),wa aufu_ bil 'ahd(i), innal 'ahda ka_na mas'u_lu_(n).
Pickthall Come not near the wealth of the orphan save with that which is better till he come to strength; and keep the covenant. Lo! of the covenant it will be asked.
Yuksel Do not go near the orphan's money, except for what is best, until he reaches maturity. Fulfill your oath, for the oath brings responsibility.