NOTE: Guardians of an orphan's wealth are classified into two categories:

1. Wealthy guardians: They are not permitted to take from the orphan's wealth. ﴿وَمَن كَانَ غَنِیࣰّا فَلۡیَسۡتَعۡفِفۡ﴾ "If the guardian is well-off, they should not take compensation." [Surah An-Nisāʾ: 6] 2. Poor guardians: They are allowed to take a reasonable amount as needed. ﴿وَمَن كَانَ فَقِیرࣰا فَلۡیَأۡكُلۡ بِٱلۡمَعۡرُوفِ﴾ "But if the guardian is poor, let them take a reasonable provision." [Surah An-Nisāʾ: 6] ____ المسألة الثالثة: الأحكام المتعلقة بالحجر على الإنسان لمصلحة غيره Rulings Related to Ḥajr Imposed for the Benefit of Others 1. A debtor whose debt has not yet reached its due date is not subject to ḥajr, as they are not obligated to repay the debt before it is due. However, if the debtor intends to undertake a long journey that will delay the repayment of the debt, the creditor has the right to prevent the debtor from travelling unless the debtor provides adequate security, such as a rahn (pledge) or ḍhamān (a reliable guarantor). 2. Debtors are categorised into two types: A- debtor whose wealth exceeds their due debt = they are not subject to ḥajr. However, they are obligated to repay the debt upon demand. If the debtor refuses, they may be detained and disciplined until they settle the debt. Should they continue to refuse, their assets may be forcibly sold to fulfill their obligations. B- debtor whose wealth is insufficient to cover their due debt (المفلس/bankrupt) = they are restricted from disposing of their assets at the request of creditors to prevent harm to them. In this case, the debtor is prohibited from donating or otherwise transferring their assets in a manner detrimental to the creditors. 3. Anyone who sells or lends property to a person after the imposition of ḥajr on a person has no right to demand repayment until the ḥajr is lifted. 4. The judge has the authority to sell the assets of the debtor and distribute the proceeds proportionally among the creditors, as this is the primary purpose of the ḥajr. Delaying such actions would constitute undue hardship and injustice to the creditors. However, the judge must ensure that the debtor retains sufficient assets to cover their essential needs, such as living expenses and housing. NOTE: Assets in the possession of المحجور عليه that belong to others are classified into two categories: 1. Wealth in its original state: The rightful owner is entitled to reclaim this property. This is based on the hadith of Abu Hurairah (may Allāh be pleased with him), in which the Messenger of Allah ﷺ said: ((مَنْ أَدْرَكَ مَالَهُ بِعَيْنِهِ عِنْدَ رَجُلٍ أَوْ إِنْسَانٍ قَدْ أَفْلَسَ، فَهْوَ أَحَقُّ بِهِ مِنْ غَيْرِهِ)) "Whoever finds his property intact with a person who has become bankrupt, has more right to it than anyone else." [Agreed upon] 2. Wealth that has been utilised: Such assets are sold, and the proceeds are distributed proportionally among the creditors. _ Source: T.me/masjidsahabah https://whatsapp.com/channel/0029VadAK4n5K3zclcMjeg0F