he did, he is liable. However, if he acted in a way that appeared to serve the orphan’s interests, he is not liable for wrongdoing by his investment manager. As for the investment manager, if he acted dishonestly or negligently, he is liable; otherwise, he is not. Even if the contract was invalid, whatever entails liability under a valid contract entails liability under an invalid one, and whatever does not entail liability under a valid contract does not entail liability under an invalid one. Each of them must swear an oath denying wrongdoing and negligence.

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

Some orphans were under lawful guardianship. The Tatars captured them in the year of Shaqhab while they were still children. Some people approached the authorities to instigate the seizure of their property. They had a blood relative entitled to inherit, as well as agnatic heirs. When the heirs learned of this, they had a formal record established confirming that they were the orphans’ heirs in the event of their death. Is it lawful for anyone who knows this to seek to take the property? And is one to wait on account of their absence? Does someone who takes it, knowing this, incur sin?

He replied:

No one other than the heirs is entitled to take this property. However, it is to be used to meet expenses incumbent upon its owner, such as maintenance for his child, and to settle his debts.

If he is judicially declared dead, the property belongs to his heir. Scholars disagree over how long they must wait: some prescribe a fixed period, while others say that they should defer to the judge in this matter.