What is the ruling on a discerning minor (mumayyiz) accepting and taking possession of property gifted to him?
General Chapter
Al-Mughni
Book of Gifts and Donations
Primary text
If the child has reached the age of discernment (mumayyiz), his ruling is the same as that of a non-discerning child regarding the substitution of his guardian for him, as guardianship does not cease until puberty. However, if the discerning child accepts and takes possession for himself, it is valid because he possesses some capacity for transaction, as his buying and selling are valid with the guardian's permission, making this act of acceptance more appropriate. No permission from the guardian is required for this, as it is purely for his benefit without harm, similar to his will or engaging in permissible activities (kasb al-mubahat).
Supporting text
An alternative view suggests that the validity of taking possession requires the guardian's permission, but acceptance does not, because taking possession grants the minor control over the money, risking waste and negligence, thus necessitating the guardian's consent for safekeeping. Acceptance, however, grants him ownership without harm, so it is valid without permission, analogous to his right to graze or hunt.