What is the validity of a guardian's dispositions after appointment?
General Chapter
Al-Mughni
Book of Judiciary
Primary text
If a guardian has acted or distributed a bequest and was deemed qualified for the guardianship, his actions are valid. If the beneficiaries designated in the bequest are mature, sane, and specified individuals, the handing over of their rights to them is sound because they have taken possession of their entitlements.
Supporting text
If the beneficiaries are not specified, such as the poor and needy, there are two views regarding the guardian's liability: one view, mentioned by Al-Qadi and the companions of Al-Shafi'i, holds the guardian liable because he does not have the authority to dispose of the property in that manner. The second view states that there is no liability upon him because he delivered the property to its rightful recipients.