Is a lease contract concluded by a guardian on behalf of a minor or the minor's property invalidated if the guardian dies or is dismissed mid-term?
General Chapter
Al-Mughni
Book of Leasing
Primary text
The lease contract concluded by the guardian remains valid if the guardian dies or is dismissed and the guardianship transfers to another person. This is because the contract was a valid disposition of property performed by someone qualified to act within the scope of their legitimate authority. Consequently, the contract is not voided by the death or dismissal of the guardian, just as the actions of a deceased or dismissed supervisor of a Waqf, or a deceased judge, remain valid regarding actions taken within their jurisdiction.
Supporting text
This situation is differentiated from the case where the beneficiary (Mawquf 'alayh) of an endowed property leases it for a term and dies during that term. In the latter case, the lease is void because the beneficiary leased another's property without permission for a term over which they had no authority, whereas here, the subsequent guardian only gains authority over that which the first guardian had not yet disposed of, and the contract already constitutes the disposition made by the first guardian.