What is the ruling on the safe conduct granted by a discerning minor (Mumayyiz)?

General Chapter

Al-Mughni

Book of Jihad

Book 54 · Issue 6 · Bab 1

Open in Qurani

Primary text

There are two narrations regarding the validity of a discerning minor's safe conduct. The first narration states it is invalid, which is the position of Abu Hanifa and Al-Shafi'i, because he is not legally accountable, and his speech establishes no ruling for others, akin to an insane person. The second narration states it is valid, which is the position of Malik and Abu Bakr (in one narration), arguing that he is a discerning Muslim, thus his Aman is valid like an adult's, distinguishing him from the insane person who has no utterance at all.