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Chapter eighteen » Those who are Prohibited from having Disposal over their Property
Ruling 2270. A child who is not of the age of legal responsibility (bāligh) cannot legally (sharʿan) exercise discretion over his liabilities,(1) nor can he have disposal over his property. This is the case even though the child may be perfectly able to discern between right and wrong (tamyīz) and take care of his wealth and use it in a correct way (rushd). In this regard, prior permission from his guardian (walī) is of no use, and subsequent authorisation is problematic (maḥall al-ishkāl) [i.e. based on obligatory precaution (al-iḥtiyāṭ al-wājib), such authorisation is of no use as well].(2) However, in certain cases, a child’s disposal over his property is valid (ṣaḥīḥ), such as his buying and selling of things that have a little value, as was mentioned in Ruling 2092, and his will (waṣiyyah) to his close relatives, as will be mentioned in Ruling 2714.
The signs of having reached the age of legal responsibility (bulūgh) for a girl is the completion of nine lunar years, and for boys it is one of three things:
1. growth of thick hair below the navel and above the genitalia;
2. ejaculation of semen;
3. completion of fifteen lunar years.
Ruling 2271. It is not farfetched (baʿīd)(3) that the growth of thick hair on the face and above the lips are signs of bulūgh. However, the growth of hair on the chest and under the armpits and the deepening of one’s voice and suchlike are not signs of bulūgh.
Ruling 2272. An insane person cannot have disposal over his property. Similarly, a person who has been proclaimed bankrupt (mufallas) – i.e. someone who is prohibited by a fully qualified jurist (al-ḥākim al-sharʿī) from having disposal over his wealth due to the claims on him by his creditors – cannot have disposal over his property without authorisation from his creditors. Similarly, a person who is foolish with finances (safīh) – i.e. someone who spends his wealth in futile ways – cannot have disposal over his property without authorisation from his guardian.
Ruling 2273. If a person is sometimes sane (ʿāqil) and sometimes insane, any disposal he exercises over his property during his moments of insanity is not valid.
Ruling 2274. A person can use any amount of his wealth during a terminal illness for himself, his family, guests, and anything that is not considered wasteful. There is no problem if he sells his property at the normal price or gives it on rent (ijārah). However, if, for example, he gifts his wealth to someone or sells it for a lower than normal price, in the event that the amount he has given or sold cheaply is equivalent to or less than one-third of his property, his disposal is valid. If it is more than one-third, it is valid as long as his heirs authorise it, but if they do not, then his disposal over more than one-third is invalid (bāṭil).
The signs of having reached the age of legal responsibility (bulūgh) for a girl is the completion of nine lunar years, and for boys it is one of three things:
1. growth of thick hair below the navel and above the genitalia;
2. ejaculation of semen;
3. completion of fifteen lunar years.
Ruling 2271. It is not farfetched (baʿīd)(3) that the growth of thick hair on the face and above the lips are signs of bulūgh. However, the growth of hair on the chest and under the armpits and the deepening of one’s voice and suchlike are not signs of bulūgh.
Ruling 2272. An insane person cannot have disposal over his property. Similarly, a person who has been proclaimed bankrupt (mufallas) – i.e. someone who is prohibited by a fully qualified jurist (al-ḥākim al-sharʿī) from having disposal over his wealth due to the claims on him by his creditors – cannot have disposal over his property without authorisation from his creditors. Similarly, a person who is foolish with finances (safīh) – i.e. someone who spends his wealth in futile ways – cannot have disposal over his property without authorisation from his guardian.
Ruling 2273. If a person is sometimes sane (ʿāqil) and sometimes insane, any disposal he exercises over his property during his moments of insanity is not valid.
Ruling 2274. A person can use any amount of his wealth during a terminal illness for himself, his family, guests, and anything that is not considered wasteful. There is no problem if he sells his property at the normal price or gives it on rent (ijārah). However, if, for example, he gifts his wealth to someone or sells it for a lower than normal price, in the event that the amount he has given or sold cheaply is equivalent to or less than one-third of his property, his disposal is valid. If it is more than one-third, it is valid as long as his heirs authorise it, but if they do not, then his disposal over more than one-third is invalid (bāṭil).
(1) Therefore, a minor cannot, for example, become a guarantor or take out a loan.
(2) As mentioned in Ruling 6, the term ‘problematic’ (maḥall al-ishkāl) amounts to saying that the ruling is based on obligatory precaution.
(3) For practical purposes, a legal opinion that is termed ‘not farfetched’ equates to a fatwa.