Does a transaction (buying or selling) performed by a financially incompetent person (*safih*) become valid if his guardian grants permission?

General Chapter

Al-Mughni

Book of Legal Interdiction

Book 15 · Issue 1 · Bab 1

Open in Qurani

Primary text

There are two primary opinions regarding the validity of a transaction undertaken by a financially incompetent person (*safih*) with the permission of his guardian. One opinion holds that the transaction is valid because it is a reciprocal contract (*'aqd mu'awadah*), and the incompetent person gains authority over it through permission, analogous to marriage. Another supporting argument is that since the incompetent person is deemed rational but restricted, his disposition becomes valid through permission, similar to a child. This view asserts that if permission were invalidated, there would be no means to ascertain or test the incompetent person's eventual maturity and sound judgment.

Supporting text

The second opinion asserts that the transaction is invalid. This is because the restriction is imposed due to the individual's profligacy and poor handling of assets. Therefore, granting permission implies consenting to a transaction lacking any benefit for him, rendering it invalid. This is compared to a guardian permitting the sale of an item worth ten for only five.