Is the emancipation performed by a prodigal person restricted in his financial dealings (Safiha Mahjur 'alayhi) valid?
General Chapter
Al-Mughni
Book of Manumission
Primary text
The emancipation performed by a prodigal person restricted in his financial dealings is invalid. This is the position of Al-Qasim ibn Muhammad. The rationale is that he is restricted regarding his wealth for his own benefit, thus his emancipation is invalid, similar to a minor. Moreover, it is a disposal of wealth during his lifetime, resembling his sale or gift, which are also invalid.
Supporting text
There is an opposing narration mentioned by Abu Al-Khattab stating that his emancipation is valid, based on analogy (Qiyas) with his pronouncements of divorce (Talaq) and conditional manumission upon death (Tadbir). This analogy is rejected because the restriction pertains to his wealth, while divorce is not a disposal of wealth. Furthermore, Tadbir pertains to disposition after his death, when he is independent of the property through death, which is why his bequest (Wasiyyah) is valid, but his immediate gift is not.