Accordingly, the Messenger of Allah—may Allah bless him and grant him peace—granted him a three-day option to rescind the sale, yet he did not place him under interdiction.
They further contend that minority itself is the decisive factor for preventing a person from dealing with his wealth, just as it is the reason he is exempt from legal obligation. Minority was taken into account because foolishness is usually found in the young, just as intellectual deficiency is usually found among them. For that reason, puberty was made the sign by which legal responsibility and rational maturity are presumed, since intellect and sound judgment are generally present at that stage.
Just as the rare case is not considered in matters of obligation—namely, that a child might attain full understanding before puberty and thus be held legally accountable—so too the rare case of prodigality is not considered, that is, someone who after puberty is foolish and so placed under interdiction, or someone who displays sound judgment before puberty and is therefore released.
They also argue that the words of the Exalted, “Do not entrust those who are feeble-minded with your property” (Q. 4:5), do no more than forbid handing over wealth to such people; the verse does not require that their sales be annulled or rendered void.
According to Mālik, six categories of persons are subject to interdiction: the minor, the prodigal, the slave, the bankrupt, the terminally ill, and the married woman. Each of these will be discussed in its respective section.
[Chapter Two: When They Emerge from Interdiction, When It Is Imposed, and Upon What Conditions They Are Released]
Chapter Two
When they are released from interdiction, when it is imposed, and under what conditions they are freed.
This chapter addresses two issues: the time at which minors are released from interdiction, and the time at which prodigals are released.
We say: minors, in general, fall into two classes—males and females. Each of these is either under the care of a father, under the care of a testamentary guardian, or neglected, meaning they reach puberty with neither guardian nor father.
As for male minors who have fathers, the jurists agree that they are not released from interdiction until they reach the age of legal responsibility and manifest sound judgment, even though they differ over what precisely constitutes sound judgment. The basis is the Almighty’s words: “Test the orphans until, when they reach marriageable age, if you perceive in them sound judgment, then hand over their property to them” (Q. 4:6).
They disagree concerning females. The majority hold that the same ruling applies to them—attainment of menstruation and the manifestation of sound judgment. Mālik, however, maintains—according to his well-known view—that a girl remains under her father’s guardianship until she marries, her husband consummates the marriage, and her sound judgment becomes apparent; another report from him agrees with the view of the majority. Mālik’s followers have still other opinions: some say she remains under her father’s guardianship for one year after consummation, others say for two years, and others say for seven.
Mālik’s proof is that sound judgment in a woman cannot be ascertained except after she has been tested by dealing with men. As for the statements of his followers, they are weak and run counter to both the textual evidence and analogical reasoning, for they do not require the presence of sound judgment at all. As for