Is it permissible for a guardian to sell property belonging to minors and adults whose rights are jointly held in real estate?
Chapter on Selling the Musarrah (Animal with milk retained in udder)
Al-Mughni
Book of Sales
Primary text
The companions (Ashabuna) permit the guardian to sell the property of minors and adults when their rights are joint in real estate, provided that division of the property causes harm, and there is a necessity for selling, such as settling a debt or covering their expenses. This ruling is supported by the view of Abu Hanifa and Ibn Abi Layla, who permit sales for the minors and adults concerning what is indispensable, likely intending this situation due to the prudence involved for the minors and safeguarding the estate of the deceased by settling debts.