Is a contract of lease (Ijarah) concluded by a guardian (Wali) on behalf of a minor male (Sabiyy) nullified if the minor reaches puberty during the lease term?
General Chapter
Al-Mughni
Book of Leasing
Primary text
According to Abu al-Khattab, the lease contract remains valid and is not dissolved upon the minor reaching puberty because it is a binding contract concluded under the right of guardianship, similar to the sale of property or marriage contracted by the guardian. The contract does not become void due to the attainment of puberty. There is an opinion suggesting that the lease becomes void concerning the period following the removal of the guardianship, analogous to the ruling on the lease of endowed property (Waqf). Another consideration is distinguishing between cases where the lease term clearly extends beyond the age of majority (e.g., a two-year lease for a 14-year-old, making the latter year post-puberty), which raises secondary questions regarding the validity of the portion falling within the age of majority, based on the principle of splitting the transaction.
Supporting text
An alternative view suggests that the contract is void for the portion occurring after the onset of puberty. This is supported by reasoning that binding a minor to a contract covering his entire future utility until death, which would occur if the principle were universally applied, is problematic. This view aligns with the position of Al-Shafi'i, as the inability to estimate the duration of the lease, which is effectively perpetual, makes it unlike marriage where the duration is inherently limited.