Under what conditions does the restriction (*Hajr*) placed on a minor due to lack of maturity (*rushd*) cease?

General Chapter

Al-Mughni

Book of Legal Interdiction

Book 15 · Issue 3 · Bab 1

Open in Qurani

Primary text

The prevailing view is that the restriction on a minor ceases upon reaching maturity and demonstrating sound judgment, without requiring a judge's ruling. This is because the Divine command specifies the lifting of the restriction upon attaining maturity and exhibiting sound judgment, and stipulating a judge's ruling introduces an unwarranted impediment to an established obligation. Furthermore, a restriction imposed without a judge's decree should be lifted without one, similar to the restriction on the mentally incapacitated person. This distinguishes the minor's restriction from that of the spendthrift.

Supporting text

A dissenting view, held by Imam Malik and some Shafi'is, requires a judicial ruling to lift the restriction, analogizing it to the case of the spendthrift because knowledge of maturity and sound judgment necessitates deliberation.