Is it obligatory for a legal guardian (Wali) to exercise the right of preemption (Shuf'a) for a minor if it results in a benefit for the minor?
General Chapter
Al-Mughni
Book of Preemption (Shuf'ah)
Primary text
It is obligatory for the legal guardian to exercise the right of preemption on behalf of a minor if there is a benefit for the minor, such as the purchase being at a low price or at the market value when the minor possesses wealth sufficient for the purchase of the property. The guardian must exercise precaution for the minor and take what yields benefit. If the guardian exercises the right, ownership is established for the minor, and the minor cannot nullify this upon reaching maturity, according to the opinion of the majority of scholars, including Malik, Al-Shafi'i, and the Companions of opinion (Ahl al-Ra'y). This is due to the guardian's duty to protect the minor's assets.
Supporting text
Al-Awza'i held that the guardian does not have the right to exercise preemption because the guardian cannot forgive it, analogizing this to a stranger (ajnabi). The right, in his view, belongs only to the minor upon maturity. This view is rejected because preemption is an option granted to avert harm from the property, thus the guardian possesses it regarding the minor, similar to rejecting goods due to a defect.