Is a father's disposition of his son's property valid before the son gains full possession?

General Chapter

Al-Mughni

Book of Gifts and Donations

Book 28 · Issue 1 · Bab 1

Open in Qurani

Primary text

The disposition by a father concerning his son's property before the son obtains possession is invalid. This applies to manumitting the son's slave, releasing the son from a debt owed to him, gifting the son's property, or selling it to the son. This ruling is established because the son's ownership of his own wealth is complete, allowing him to dispose of it, and permitting him sexual intercourse with his female slaves. If ownership were shared, intercourse would not be permissible, similar to a jointly owned female slave. The father's right is only to reclaim the property, akin to a gifted item that has not yet been taken back; until then, his disposition is void as he is acting upon another's property without legal authority.

Supporting text

If the son is a minor, the disposition is also invalid because the minor cannot dispose of assets that do not benefit him, and releasing debts, manumitting slaves, or gifting property do not constitute benefits for the minor.