and breaks: this is agreed upon where the property was not entrusted to him, but disputed where it was entrusted to him. He may not be required to swear an oath concerning a claim against his property. However, where the claim concerns something for which his admission would be binding, he may be required to swear an oath.

He may also swear an oath in support of his single witness to establish a claim of his own. If he swears, his claim is established. If he declines, the defendant swears and is absolved, according to Ibn al-Qāsim’s position. Ibn Kināna said that if he declines to swear, the defendant swears and is absolved until the claimant’s condition improves; he may then swear in support of his witness and establish his claim, just as a minor may do upon reaching adulthood.

He also shares with his kin group in paying the blood money for offenses for which they are collectively liable. He may pardon an offense against his life, whether accidental or intentional. There are two opinions, however, on whether he may pardon lesser offenses, such as bodily injuries or insults:

The first, held by Mutarrif and Ibn al-Mājishūn, is that pardons granted by such persons are invalid in all these cases.

The second, held by Ibn al-Qāsim, is that their pardons are valid in everything that does not concern property.

There is also disagreement over the admissibility of his testimony if he is upright and is of such standing that, were he to request his property, it would be handed over to him. Ashhab related from Mālik that his testimony is admissible, whereas Ashhab himself held that it is inadmissible. The latter accords with the well-known position in Mālik’s school: the legal acts of a person under guardianship are invalid—even if his conduct is sound—until he is released from guardianship. And success comes from Allah.