Is the transaction (buying or selling) of a discerning minor valid with the permission of his guardian?
Chapter on Selling the Musarrah (Animal with milk retained in udder)
Al-Mughni
Book of Sales
Primary text
The transaction of a discerning minor in matters permitted by his guardian is valid. This is one of the two narrations (Riwāyāt) and aligns with the opinion of Abu Hanifa. The evidence relies on the command in the Quran: "And test the orphans until they reach the age of marriage; and if you perceive in them sound judgment, then deliver to them their property" (Quran 4:6). This implies testing them to ascertain their maturity (rushd), which is realized by allowing them to engage in transactions like buying and selling to observe whether they are being cheated or not. Furthermore, since the minor is rational and discerning but under restriction (mahjūr 'alayhi), his transaction is valid with the guardian's permission, analogous to a slave. This differs from a non-discerning minor, whose transaction yields no benefit due to his lack of discernment and knowledge.
Supporting text
The opposing view holds that the transaction is invalid until the minor reaches puberty, as stated by Al-Shafi'i. The reasoning is that the minor is not legally accountable (mukallaf), resembling a non-discerning person. Additionally, the extent of rationality necessary for valid transactions cannot be precisely determined due to its subtle and gradual development; therefore, the Lawgiver set puberty as the definitive benchmark, meaning the legal rulings of the rational do not apply before this presumed sign appears.