Does the transaction or confession of an individual restricted due to lack of financial discretion remain valid?
General Chapter
Al-Mughni
Book of Legal Interdiction
Primary text
The transactions and confessions made by an individual restricted due to lack of financial discretion are invalid. This is because the property is withheld due to the absence of sound judgment, which is analogous to the case of a minor or an insane person. If their transactions were to be considered valid, withholding the property would be futile, as mismanagement would continue. Furthermore, if their actions were binding, the property should be delivered to them, similar to a prudent person, since the purpose of withholding the wealth is preservation, and if preservation is not achieved by withholding, the default ruling of delivery must apply.
Supporting text
Abu Hanifa holds that the sale and confession of such an individual are valid; the only restriction is the non-delivery of the property based on the Divine command not to give wealth to the financially incompetent (Al-Sufaha'). However, the established view holds that their confession only becomes binding after the guardianship is lifted and they reach maturity.