Is it valid for a guardian to sell the property of adults?
Chapter on Selling the Musarrah (Animal with milk retained in udder)
Al-Mughni
Book of Sales
Primary text
The view stating that a guardian's sale of property belonging to adults is invalid is the correct position. This is because it constitutes an act of disposition over the property of another without proper agency or legal authority, making it invalid, similar to selling one's sole property or property where division causes no harm. Furthermore, this view contends that allowing such a sale causes harm to the adults by selling their property without their permission.
Supporting text
The opposing views cited lack a derivable analogy (Qiyas) for support. An additional argument against validity is that if the guardian is not permitted to sell property other than real estate, then selling real estate without permission is similarly impermissible, analogous to how a non-relative (Ajnabi) cannot perform such an act.