How is the maturity (rushd) of an orphan determined?

General Chapter

Al-Mughni

Book of Legal Interdiction

Book 15 · Issue 1 · Bab 1

Open in Qurani

Primary text

The maturity of an orphan is ascertained through testing (ikhtibar). This is based on the statement of Allah the Almighty: "And test the orphans until they reach the age of marriage." (Quran 4:6). This testing involves entrusting them with transactions similar to those handled by their peers. If the orphan is from a merchant family, they are entrusted with buying and selling. If repeated transactions show no exploitation or waste of assets, they are deemed mature. For those from families of dignitaries whose peers avoid markets, a specified amount for sustenance is given for them to manage expenses. If they manage it competently, spend it appropriately, hold their agent accountable, and seek full accounting, they are mature. For women, they are entrusted with tasks appropriate for a mistress of the house, such as hiring spinners or appointing agents to buy linen. If found to manage assets well and hold agents accountable, she is mature. The evidence for testing stems from the command to test them, likening it to the test mentioned in the Quran: "that He may test you as to which of you is best in deed." (Quran 67:2).

Supporting text

One narration suggests the time for testing is before reaching puberty. This view posits that since Allah described them as orphans, which applies before puberty, and used the word 'until' (hatta) extending the testing period to the age of marriage, it implies testing occurs beforehand. Furthermore, delaying testing until puberty could lead to the restriction (hajar) of a mature adult, whereas pre-pubescent testing prevents this extended restriction.