Is it obligatory to hand over the property to a ward upon reaching maturity and demonstrating sound judgment?
General Chapter
Al-Mughni
Book of Legal Interdiction
Primary text
The obligation to return property to a ward upon reaching maturity and demonstrating sound judgment (*rushd*) is established without dispute. Divine command mandates this action in the sacred text (Quran 4:6). The basis for the restriction (*Hajr*) was the ward's inability to manage his property beneficially; since he now possesses the capacity to manage and preserve his wealth, the cause for the restriction ceases, and the restriction is lifted. This is the position held by Imam Shafi'i.
Supporting text
Imam Malik and some companions of Shafi'i maintain that the restriction is only lifted through a ruling by a judge (*Hakam*). They argue that determining maturity and sound judgment requires juristic deliberation (*Ijtihad*), necessitating a judicial decree, similar to lifting the restriction on a spendthrift (*Safih*).