Is it permissible for the guardian to construct a building for the orphan?
Chapter on Selling the Musarrah (Animal with milk retained in udder)
Al-Mughni
Book of Sales
Primary text
It is permissible for the guardian to construct a building for the orphan as this is considered equivalent to purchasing property. However, if purchasing is deemed more beneficial (*aḥaẓ*) and possible, then purchasing must take precedence. If construction is chosen, the guardian must build in a manner deemed most beneficial. The ruling of our companions states that construction should be done using brick (*ājur*) and mud, but not using adobe brick (*labin*), because adobe cannot be retrieved upon demolition, nor can gypsum (*juss*) be used as it adheres to the brick, making separation difficult and potentially causing the brick to break.
Supporting text
The preferred ruling is that if the benefit (*ḥaẓ*) dictates construction using materials other than brick, abandoning that preferred method leads to the squandering of the orphan's interest and wealth. It is not permissible to forgo immediate, certain benefit and accept certain, immediate detriment in speculation of preserving the brick upon demolition, especially since such demolition might never occur or be necessary, and brick is often unavailable or not customary in many regions, making such construction incur significant, unrewarding costs. Therefore, the ruling of our companions specifying brick construction applies only to regions customary to using brick, such as Iraq and its surroundings, and is not valid for others.