What is the role of a guardian (Wali) regarding a bequest made to a minor (Sabiyy)?
General Chapter
Al-Mughni
Book of Bequests
Primary text
If there is an heir who is not legally capable of transacting, their guardian stands in their place for acceptance or refusal. The guardian may only act in matters where there is clear benefit (Hadhdh) for the ward. If the guardian acts outside of this, the action is invalid. If the benefit lies in acceptance, and the guardian refuses, the refusal is invalid, and the minor may accept later. If the benefit lies in refusal, and the guardian accepts, the acceptance is invalid because the guardian cannot dispose of the ward's right contrary to what benefits the ward.
Supporting text
If a bequest is made to a relative (Dhi Rahm) of a minor that would result in the manumission (I'taq) of a slave upon the minor taking ownership, and this results in detriment to the minor—such as incurring the maintenance (Nafaqa) because the minor is poor and lacks earnings while the guardian is wealthy—the guardian cannot accept the bequest. If there is no detriment, such as the bequeathed item having its own earnings or the guardian being poor (thus not liable for the minor's maintenance), then acceptance of the bequest is mandatory because it results in a benefit for the minor, specifically the manumission and freeing of their relative, without accruing harm.