Second: Mutarrif and Ibn al-Mājishūn hold that if his lack of sound financial judgment has persisted since puberty, none of his transactions is valid. If, however, he loses sound financial judgment after it had been discerned in him, his transactions are valid and binding upon him, unless a sale involves unsound judgment and manifest deception—for example, selling something worth a thousand dinars for a hundred dinars, or the like. Such a sale is not binding upon him, nor may he be pursued for repayment of the price if he has squandered it. No distinction is made between whether his lack of sound financial judgment is overt or not.

Third: Asbagh holds that if his lack of sound financial judgment is overt, his transactions are invalid; otherwise, they are valid. No distinction is made between whether his lack of sound judgment has persisted since puberty or not. Ibn al-Qāsim holds that his condition at the time of selling or buying must be considered: if he possesses sound financial judgment, his transactions are valid; if he lacks it, none of them is valid. Here too, no distinction is made between whether his lack of sound judgment has persisted since puberty or not. They all agree that if his circumstances are unknown, and neither sound nor unsound financial judgment is established, his transactions are valid and none is to be set aside.

Section

As for a virgin daughter, our scholars likewise agree that her transactions are to be set aside and are invalid until she reaches the age of menstruation. Once she reaches that age, she must fall into one of three categories:

First: she has a living father.

Second: she is an orphan with a guardian appointed over her by her father or the ruler.

Third: she is an orphan with neither a testamentary guardian appointed by her father nor a guardian appointed by the ruler.

As for one whose father is living, there are eight differing views: