What is the ruling on the transaction (*tasarruf*) of an insane person or a minor child?

General Chapter

Al-Mughni

Book of Mukātaba (Contractual Manumission)

Book 68 · Issue 5 · Bab 1

Open in Qurani

Primary text

The actions and statements of a child or an insane person hold no legal consequence. If a mature master contracts *Kitabah* with his insane or minor slave, the disposition has no ruling, being neither valid nor voidable.

Supporting text

Imam Shafi'i holds that any *Kitabah* attempted by a non-accountable person (insane or child) is invalid because they are not subject to religious obligations, resembling the insane person.