he is known to lack sound financial judgment, reaching puberty does not release him from his father’s guardianship, and all his transactions are to be set aside as invalid. If his circumstances are unknown, so that neither his sound financial judgment nor his lack of it is known, there are two views:

First: he is presumed to lack sound financial judgment until his sound judgment is established. This is explicitly stated in Yahyā’s report from Ibn al-Qāsim in the Book of Charitable Donations and Gifts: “Reaching puberty does not release him from his father’s guardianship until his circumstances are known and upright witnesses attest to his sound conduct.” This is also the apparent meaning of the other reports from him and from Mālik—may Allah have mercy on him—in al-Mudawwana and elsewhere. These include the passages in al-Mudawwana’s first Book of Marriage, the Book of Gifts and Charitable Donations, and the Book of Reward Contracts and Hire.

Second: he is presumed to possess sound financial judgment until his lack of it is established. Upon reaching puberty, he leaves his father’s guardianship if he is not known to lack sound financial judgment, even if his sound judgment is not known either. Ziyād reported this from Mālik. It is also the apparent meaning of the statement at the beginning of al-Mudawwana’s Book of Marriage: “When a boy reaches puberty, he may go wherever he wishes”—unless this is understood to concern his person rather than his property, as Ibn Abī Zayd—may Allah have mercy on him—interpreted it.

Some scholars considered it preferable that he should not leave his father’s guardianship until about a year had passed after puberty. Ibn al-Attār adopted this view in his legal formularies, although his statements on the matter were inconsistent. He stated that a man may not declare his son to lack sound financial judgment unless the son is known to lack it, making no distinction between whether this occurs soon or long after puberty. Other writers of legal formularies reported that such a declaration is valid even if the son is not known to lack sound financial judgment, provided it is made soon after he reaches puberty, before two years have elapsed.

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If his father dies while he is still a minor, having appointed someone as his testamentary guardian, or if the ruler appoints a guardian over him, he does not leave the guardianship of his father’s testamentary guardian or the ruler’s appointee until the guardian releases him, or the ruler does so if the guardian was appointed by him. All his transactions are to be set aside—even if he is known to possess sound financial judgment—unless he has been released from legal restriction. This is indeed Ibn Zarb’s view: a guardian appointed by the judge may not release someone from guardianship without the judge’s permission. It has also been held that his release of someone under his guardianship without the judge’s permission