Is it permissible for the guardian to exercise preemption if doing so involves a detriment to the minor's estate, such as incurring debt?

General Chapter

Al-Mughni

Book of Preemption (Shuf'ah)

Book 23 · Issue 3 · Bab 1

Open in Qurani

Primary text

If exercising the right of preemption necessitates borrowing money or mortgaging the minor's wealth, the guardian does not have the right to exercise it. This is because the guardian is not permitted to undertake an action that does not benefit the minor.