Is the guarantee of a discerning minor valid?

Chapter on Guarantee (Daman)

Al-Mughni

Book of Assignment (Transfer of Debt)

Book 17 · Issue 3 · Bab 2

Open in Qurani

Primary text

The guarantee of a discerning minor is invalid, which is the correct position derived from one of the two reported views. This is because guaranteeing constitutes an undertaking of liability for which there is no benefit to the minor, akin to gratuitous gifts or vows, unlike a sale transaction.

Supporting text

Some Hanbali scholars related this issue to the differing views regarding the validity of the minor's confession and transactions conducted with the guardian's permission, though this combination is deemed inappropriate because the current issue is an undertaking of debt liability without benefit.