Is it permissible for a guardian to sell the real estate of minors?
Chapter on Selling the Musarrah (Animal with milk retained in udder)
Al-Mughni
Book of Sales
Primary text
The sale of a minor's real estate is generally prohibited unless necessity dictates it, as the guardian is commanded to encourage acquisition of property for its benefit, making sale a forfeiture of that benefit. The sale is permissible if necessity arises, such as the need for clothing, sustenance, settling a debt, or fulfilling an essential need for which the guardian has no alternative funds. Furthermore, the sale is allowed if there is a clear advantage (*ghibta*), such as receiving significantly more than the market price, perhaps a third more, or if the property is feared to be destroyed by sinking, ruin, or similar calamity. This view is held by Al-Thawri, Al-Shafi'i, the Ashab Al-Ra'y (Hanafi school), and Ishaq. Ahmed's discourse suggests permission for sale in every situation that constitutes a clear benefit for the minors, extending beyond specific necessities. Evidence against unnecessary selling is derived from the saying of the Prophet, peace be upon him: "Whoever sells a house or real estate and does not spend its price on a similar thing, blessings shall not be in it."
Supporting text
Some opinions limit permissibility only to absolute necessity (like sustenance or debt payment) or when the sale yields significant financial gain (*ghibta*), such as receiving a large surplus over the market price. However, Ahmed's position implies that sale is permissible whenever the guardian perceives a benefit for the minor, such as exchanging a low-utility property for a high-utility one, using the proceeds to purchase something of greater benefit, or selling property situated in a detrimental location (e.g., due to bad neighbors) to purchase a suitable dwelling.