Does a minor who reaches puberty have the option (Khiyar) to revoke a lease concluded by his guardian?
General Chapter
Al-Mughni
Book of Leasing
Primary text
The dominant opinion holds that the minor does not gain the option to revoke the lease upon reaching maturity. This is because the contract was a binding agreement concluded before the minor possessed the capacity to contract, similar to a father marrying off his son; upon acquiring the capacity, the option does not automatically arise. The counter-argument is that since the contract concerns his utility during a period when he lacked personal authority, upon gaining such authority, the option is established, paralleling the case of a female slave freed while married to another slave, where she gains the option.
Supporting text
The reasoning for establishing the option in the case of a freed slave marrying a slave relies on the presence of a defect (Aib), not merely the loss of control over one's person. Thus, if the freed slave is married to a free man, the option is not established, undermining the analogy used to support the minor's right to option.