Must a guardian seek permission from the judge (Hakim) to leave a boy in the Quranic school (Maktab)?

Chapter on Selling the Musarrah (Animal with milk retained in udder)

Al-Mughni

Book of Sales

Book 12 · Issue 3 · Bab 5

Open in Qurani

Primary text

It is permissible for the guardian to leave the boy in the Maktab without the judge's permission. This is because the Maktab falls under the category of the orphan's welfare and interests, comparable to his sustenance, drink, and clothing expenses.

Supporting text

Sufyan reported an opinion attributed to Ahmad stating that the guardian must not entrust the boy to a teacher except with the judge's permission, which was rejected.