Section

Interdiction is imposed upon the prodigal, the minor, and the insane for their own protection. Anyone who sells something to them or gives them a loan may reclaim that very property; if they damage it, they are not liable. They must, however, pay the indemnity for any injury they cause, as well as compensation for property that was not delivered to them.

When a minor reaches fifteen1 lunar years, or coarse hair appears around his pubic area, or he ejaculates; when an insane person regains reason and sound judgment; or when a prodigal becomes prudent, the interdiction lapses automatically, without the need for a judicial ruling. For a girl, menstruation is an additional sign of puberty, and if she becomes pregnant she is deemed to have attained it. The interdiction is not lifted until all its conditions have been met. Sound judgment (rushd) means financial rectitude: that he conducts transactions repeatedly without usually being cheated, and that he does not squander his wealth on what is forbidden or useless. His property is not handed over to him until he has first been tested2, before puberty, with amounts suited to his circumstances.

During the period of interdiction the guardian is, in order: the father, then the executor appointed by the father, and then the judge. A guardian may act for his ward3 only in what is more beneficial—he may also trade on his behalf free of charge—and he may place the ward’s capital in a profit-sharing partnership (muḍāraba) for a stipulated portion4 of the profit. A needy guardian may take from the ward’s property whichever is less, either what meets his own needs or the customary wage, and that without fee. Once the interdiction has been lifted, the statement of the guardian or the judge is accepted concerning maintenance expenses, the presence of necessity or advantage, losses, and the disbursement of funds.

Any debt a slave contracts is binding on his master if the master has authorized it; otherwise, it is attached to the slave himself—that is, recoverable from his person—just as with property he holds in trust, the indemnity for injuries he causes, and the value of what he destroys.