who is poor, is her maintenance to be paid from the income of this real estate under these circumstances?

He replied:

If he has obligations under Islamic law and gives away his property, leaving those entitled to payment with nothing from which to recover their dues, this transfer is invalid according to one of the two scholarly opinions. This is the position of Mālik and of Imam Ahmad according to one of the two reported opinions from him. The reason is that repaying debts and maintaining one’s children are obligatory. It is therefore forbidden for him to neglect an obligation and devote the funds to something that is not obligatory. He must revoke this transfer and apply the property to his obligations of repaying his debts and maintaining his child.

If, however, the property rightfully belongs to someone else, or includes something to which another person is entitled, it cannot validly be disposed of on that person’s behalf except by virtue of guardianship or agency. If the witnessed declaration concerned his transfer to his wife of what he owned, it does not include anything he did not own.

He—may Allah have mercy on him—was asked:

A man has been appointed guardian over the property of orphans, but he is not competent for the task. What is the ruling on his guardianship and his remuneration?

He replied:

No one may be appointed guardian over the property of orphans unless he is capable, knowledgeable about what has been entrusted to him, and trustworthy in handling it.