the slave woman who bore the purchaser a child, together with the value of her child, subject to the established disagreement on this matter. If her children were fathered by someone else through marriage, he takes them along with their mother. He likewise takes the sheep and their offspring. For any building the purchaser erected, he owes the purchaser its value as a standing structure. The purchaser retains the income he collected because he bore liability for the property.

All this applies if the purchaser did not know that the seller was under guardianship and that his sale was not valid. If, however, he knew that the seller was under guardianship and was deliberately acting improvidently and wrongfully in selling without his guardian’s permission, the purchaser is treated as a usurper: he must return the income, and he is entitled only to the demolition value of what he built.

There are two opinions concerning property that an improvident person disposes of through sale, gift, charity, manumission, or similar acts, when this is not discovered until after his death: whether these dispositions are then reversed or not. If he marries and his guardian does not learn of the marriage until after his death, there are three opinions on whether the woman inherits from him and is entitled to her dower:

The first is that she receives neither inheritance nor dower, unless he consummated the marriage, in which case she receives an amount in recognition of his having had lawful intercourse with her.

The second is that she receives her inheritance and the full dower.

The third is that she receives her inheritance, while the guardian examines the marriage. If it was an advantageous marriage which the guardian, had he examined it during the man’s lifetime, would have approved rather than annulled, she receives the dower along with her inheritance, whether or not the marriage was consummated. If, however, the marriage was detrimental and not in his best interests, she receives her inheritance but must return the dower, whether or not the marriage was consummated. If it was consummated, she is allowed to retain a quarter of a dinar. This is Asbagh’s opinion in al-Khamsa. The two preceding opinions are those of Ibn al-Qāsim and reflect the disagreement over whether the improvident person’s acts remain valid unless rescinded, or remain invalid unless approved.

There are also two opinions on whether his guardian may marry him off without his authorization, as he may a minor, or may do so only with his authorization. Both opinions can be inferred from al-Mudawwana and are explicitly stated in al-Wādiha.

Likewise, there are two opinions on whether the guardian may conclude a divorce for compensation on his behalf without his permission. His position in al-Mudawwana is that the guardian may do so only with his permission. ʿĪsā, however, related from Ibn al-Qāsim that the guardian may do so without his permission, as in the case of a minor. He is liable from his own property for whatever he damages