Section
The guardianship of a slave rests with his owner, even if the owner is openly immoral. The guardianship of a minor—or of an adult who is a spendthrift or insane—belongs to his father; if the father is absent, it passes to his testamentary guardian, then to the judge, and if no judge is available, to a trustworthy person who takes the judge’s place. A valid guardian must be of sound judgment and upright character, at least outwardly. The grandfather, the mother, and all other agnates have no guardianship except through a bequest.

It is forbidden for the guardian of a minor, a madman, or a spendthrift to deal with their property except in a manner that brings them benefit and advantage. Any disposal undertaken by these three—whether sale, purchase, manumission, endowment, or acknowledgment—is invalid; however, if the spendthrift acknowledges a ḥadd punishment, lineage¹, divorce, or retaliation (qiṣāṣ), the acknowledgment is valid and takes immediate effect. If he acknowledges a financial liability, it is enforced only after the interdiction is lifted².

Section
A guardian who is in need may take from the property of his ward the lesser of the normal wage for someone like him or³ what suffices for his maintenance. If he is not in need, he may take only what the judge has allotted for him⁴—and the same ruling applies to a wife⁵.