when the facts are unclear to him, he has done what is required of him. For if he forbade them to pay the claimant, he might be unjustly withholding payment from someone entitled to it. Yet if he ordered that every claimant be paid, this could lead someone to claim what he is not entitled to, and such payment would be a voluntary gift. If, however, he orders that the claimant be required to swear an oath and then be paid, he has done what is required of him, basing his decision on what he considers most likely to discharge his liability. If he has fulfilled his obligation, that amount is paid from the estate as a whole.

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

A man was guardian of his brother’s children, then died leaving children of his own. They took possession of their father’s property. Must the deceased guardian’s children relinquish that property, and may a claim be brought against them?

He replied:

If it is known that the orphans’ wealth was mixed with the man’s wealth, one must ascertain how much he spent from the orphans’ wealth on maintenance and other expenses, and claim the remainder. Similar matters are dealt with accordingly, with reference to established custom.

He was asked:

A man entrusted with an orphan’s wealth has used it in profit-sharing business for three years and earned a profit through lawful means. Is it permissible for the guardian to take any of the profit, or does it belong exclusively to the orphan?