Is the guarantee of a prodigal person placed under guardianship valid?
Chapter on Guarantee (Daman)
Al-Mughni
Book of Assignment (Transfer of Debt)
Primary text
The authoritative view holds that the guarantee of a prodigal person under guardianship is invalid, aligning with the opinion of Al-Shafi'i. This is because imposing a financial liability through contract should not be valid for them, similar to buying or selling. This differs from a confession (Iqrar), which acknowledges a pre-existing right.
Supporting text
A dissenting view, attributed to Al-Qadi, suggests that the guarantee is valid and enforceable against them after the guardianship is lifted, based on the principle that their confession is valid and enforceable post-lifting of the restriction.