Who has the authority to take possession (qabd) or accept (qabul) a gift or endowment for a minor child?
General Chapter
Al-Mughni
Book of Gifts and Donations
Primary text
A minor child lacks the capacity to take possession or accept property on their own behalf, and their guardian must act for them. The primary guardian is the trustworthy father due to his compassion and closeness. If the father dies, the appointed executor (wasi) acts as the guardian, as the father designated him as his representative, akin to an agent. If the father is not trustworthy due to immorality or insanity, or if he dies without an executor, the ruling authority (Hakim) acts as the guardian. No one other than these three—the father, the executor, or the judge—may manage the minor's property. The judge's trustworthy representative, the father's agent, and the executor's agent may all act in their stead. Each of them assumes the role of the child for acceptance and possession when necessary, as this concerns accepting what benefits the child, thus falling under the guardian's purview, similar to buying and selling.
Supporting text
Imam Ahmad, through the narration of Salih, stated that if a mother takes possession of a gift or charity given to her son while the father is present, the mother's possession is unrecognized, and it must belong to the father. 'Uthman, may Allah be pleased with him, stated that the father is the most entitled to take custody of a minor's property, and this is the position of Al-Shafi'i without known dispute, because possession is taken either by the donor or their legal deputy, and the guardian is a deputy by divine law. However, there is a possibility that possession and acceptance by others are valid in the absence of the primary guardians, due to necessity, such as when the child is without a judge, father, or executor, and is impoverished, requiring charity. In such a case, protecting the child from perishing outweighs strictly adhering to the rules of guardianship, thus allowing the mother and other relatives or non-relatives to take possession.