All perfect praise be to Allah the Lord of the Worlds. May His peace and blessings be upon our Prophet Mohammad and upon all his family and companions.
The management of a minor orphan's money is restricted to the guardian (Wali) or trustee (Wasi) only, and it must be for the orphan's benefit – and with the judge's permission. It is stated in [Mughni al-Muhtaj, Vol. 3/P.152]: "The guardian must manage it for the orphan's benefit, obligated by The Almighty's Saying (What means): "And do not approach the orphan's property except in a way that is best." [Al-An'am/152], and His Saying (What means): "And if you mix with them, they are your brothers. And Allah knows the corrupter from the reformer." [Al-Baqarah/220]. The implication of his statement, like its origin, is that management which is neither good nor bad is prohibited, as there is no benefit in it, and this is indeed the case, as explicitly stated by Sheikh Abu Muhammad and Al-Mawardi. The guardian must preserve the child's wealth from causes of damage and ensure its growth.
As for managing a minor orphan's money without the permission of their guardian, it is forbidden (haram); because it involves transgressing upon the orphan's property. Allah The Almighty Says (What means): "Indeed, those who devour the property of orphans unjustly are only consuming into their bellies fire. And they will enter a blazing Fire." [An-Nisa/10].
In conclusion, it is forbidden to sell the share of a minor orphan without the permission of their guardian. The guardian is also not permitted to do so unless there is a clear benefit for the minor in the transaction, and in such a case, it is obligatory to refer to the judge.
Moreover, we would like to point out that matters of guardianship and granting permission to manage orphans' funds fall under the jurisdiction of the Sharia Courts, and not the Iftaa' Department. Therefore, please refer to them to ascertain the ruling. And Allah The Almighty Knows Best.
