Is a bequest validly entrusted to a sane minor?

General Chapter

Al-Mughni

Book of Bequests

Book 31 · Issue 5 · Bab 1

Open in Qurani

Primary text

There is no explicit ruling from Ahmad on this matter, leading to the presumption that the bequest is invalid because he is not qualified for testimony or acknowledgment, and his actions require permission. Consequently, he is not fit for executorship, mirroring the status of a child or an insane person; he is under guardianship, thus cannot be a guardian. This is the established view of Al-Shafi'i and is considered correct.

Supporting text

The opinion of the Qadi suggests the bequest is valid based on analogy (Qiyas) with Imam Ahmad's ruling on the validity of his deputyship (Wakala), provided he has exceeded ten years of age.