—for in this there is benefit that redounds to both the individual and the community.
If, however, a person is not competent to earn a living or conduct trade—because he is a minor, feeble-minded, or has lost his sanity—Islam bars him from disposing of his property and appoints a guardian to safeguard and develop it for him until the impediment is removed, whereupon the estate is restored to him intact.
Allah, the Exalted, says: “Do not entrust those who are feeble-minded with the wealth Allah has made a means of support for you” (Q 4:5); and He says: “Test the orphans until they reach the age of marriage; then if you perceive in them sound judgment, hand over to them their property” (Q 4:6).
This is what the jurists call interdiction imposed for a person’s own sake, for its benefit ultimately returns to him.
Such interdiction embraces both liability and property: anyone to whom it applies may not dispose of his wealth through sale, gift, or any other act, nor may he incur debt, guarantee, surety, or the like, because that would squander other people’s assets.
Likewise, transactions initiated by competent parties with such interdicted persons are invalid. One may not sell to them, lend to them, deposit property with them, or grant them articles for use. Should someone nonetheless do so, he may reclaim what he gave them if it is still intact; but if it has perished in their possession or they have destroyed it, the loss falls on him alone—they bear no liability—because he was the one who negligently empowered them over the property of his own free choice.
If, on the other hand, the interdicted person—whether by reason of minority or similar cause—transgresses against life or property and commits an offense, he is liable and must shoulder whatever financial penalties result from his wrongdoing, because the victim—