Is the disposition (*tadbir*) and will (*wasiyyah*) of a discerning minor (*sabi mumayyiz*) valid?
General Chapter
Al-Mughni
Book of Tadbir (Deferred Emancipation)
Primary text
The *tadbir* (manumission contingent on death) and the *wasiyyah* of a discerning minor are valid. This is one narration from Malik and one of the opinions of Al-Shafi'i, considered the stronger of his two opinions by some of his students. This view is narrated from Umar, Sharih, and Abdullah ibn Utbah. The justification for validity is that these actions are beneficial to the minor because they are non-binding while he is alive, yet constitute a reward and connection if he dies, similar to the will of one legally restricted due to foolishness (*safah*). This differs from manumission (*itq*), which immediately deprives him of his property while alive and in need.
Supporting text
Al-Hasan and Abu Hanifa rule that the *tadbir* of a discerning minor is invalid, equating it to that of an insane person, as his manumission is invalid. This represents the second narration from Malik and the second opinion of Al-Shafi'i.