is a spendthrift. Hence, the author said: “Nor [are the transactions of] a spendthrift [valid]”—that is, a spendthrift’s transactions are not valid without the permission of his guardian. If he permits him, there is no objection.
The guardian is the one responsible for managing the spendthrift’s property. Who is responsible for managing a spendthrift’s property will come, Allah willing, in the chapter on interdiction. The apparent meaning of the author’s words is that a guardian may authorize a spendthrift to engage in unrestricted or specified transactions.
Unrestricted authorization would be for him to say: “Take this money and trade with it.” Specified authorization would be for him to say: “Take this money and trade in a particular commodity, such as chickens, eggs, or inexpensive items.” This is the apparent meaning of the author’s words, but this apparent meaning is not intended. Rather, it should be understood as meaning: without his guardian’s permission for a specific matter—for example, he comes to him and says, “I want to buy a motorcycle,” and he replies, “Buy it”; or he comes to him and says, “I want to sell my motorcycle,” for example, and he replies, “Sell it.” The exception is insignificant matters which it is customary to allow minors to handle; there is no objection in that.
But is it permissible for a guardian to authorize a spendthrift or a minor merely to please them, without considering their financial interest?
The answer is no. Therefore, we say: It is unlawful for a guardian to give permission where there is no benefit, because Allah, Exalted is He, says:
“Do not approach the orphan’s property except in the manner that is best.” [al-An‘am 6:24]
“And [the object of sale must] have a permissible benefit without necessity, such as a mule, a donkey, silkworms and their eggs, an elephant, and predatory animals suitable for hunting—except for dogs, insects, a mushaf, carrion, and impure manure …”
His statement, “And the object must have a permissible benefit without necessity”: this is the third condition—that the object must have a permissible benefit without necessity. That is, the object over which the purchase contract is made must be permissible to benefit from without necessity. This entails three conditions: