Is the sale of an orphan's property by a trustee or guardian confirmed by the judge without proof of benefit?
Chapter on Selling the Musarrah (Animal with milk retained in udder)
Al-Mughni
Book of Sales
Primary text
According to the companions of Imam Al-Shafi'i, the judge does not confirm the sale of an asset by a trustee or guardian until the benefit to the orphan is established before him through evidence. Their statements in this regard are not accepted. However, the statement of the father and the paternal grandfather is accepted.
Supporting text
The ruling is that whoever is permitted to sell and buy property for the orphan must have his statement regarding the benefit accepted, just like the father and grandfather. Furthermore, since the guardian's statement is accepted regarding the lack of negligence concerning property other than real estate over which he acted, his statement regarding real estate must also be accepted, similar to the father.