al-Khamsa, and by Yahyā’s report in the Book of Choice and Delegation—contrary to what is implied by Asbagh’s statement in his case rulings in the Book of Debtors and Insolvency.
He is liable from his own wealth for anything he damages or breaks that was not entrusted to him; there is disagreement regarding what he damages or breaks of things entrusted to him. After attaining puberty and sound financial judgment, he is not obliged to emancipate a slave whose freedom he had pledged by oath if he broke that oath during childhood. There is disagreement, however, if he swore the oath during childhood but broke it after attaining sound financial judgment. The well-known position is that it is not binding upon him, whereas Ibn Kināna said that it is.
He is not required to swear an oath in response to a claim brought against him. If he has a single witness, there is disagreement over whether he may swear an oath alongside his witness’s testimony. The well-known position is that he does not swear; rather, the defendant swears. If the defendant refuses, he must pay, and the minor is not required to swear an oath upon attaining puberty. If the defendant swears, he is absolved of liability until the minor reaches puberty. Once the minor reaches puberty, he may swear and recover what is due to him. If he refuses to swear, he receives nothing, and the defendant is not required to swear a second time. It has also been reported from Mālik and al-Layth that the minor may swear alongside his witness’s testimony.
He bears no accountability for duties and rulings in matters between himself and Allah, because the Prophet (peace and blessings be upon him) said:
“The pen has been lifted from three”—among whom he mentioned the child until he reaches puberty.
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These circumstances also include that of a virgin woman under the guardianship of a father or testamentary guardian, so long as she has not remained unmarried beyond the usual marriageable age—according to those who regard such prolonged maidenhood as legally significant. There is disagreement over the age that defines it, as we shall mention later, Allah willing. According to those who do not regard prolonged maidenhood as legally significant, this applies so long as she has not married and her husband has not consummated the marriage.
They also include the circumstances of a person whose guardianship has been established by his father or by the ruler, until he is released from it. This is the position of Mālik and his leading companions, contrary to Ibn al-Qāsim.
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As for circumstances in which a person is treated as lacking sound financial judgment unless his sound judgment becomes apparent, these include