Is a mortgage transaction made by a guardian or judge involving the orphan's property with their *mukatab* (freed slave under contract) or adult son valid?

General Chapter

Al-Mughni

Book of Pledges (Collateral)

Book 13 · Issue 1 · Bab 1

Open in Qurani

Primary text

The mortgage of the orphan's property by the guardian (*Wasi*) or the judge (*Hakam*) to the guardian's *mukatab* or adult son is valid. This is because the guardian has no legal authority (*wilayah*) over these specific individuals; therefore, the transaction is permissible.