He was asked:
A man has a widowed daughter whose marriage contract he concluded, declaring before the witnesses that she possessed sound judgment. Once his daughter was certain of this, she chose to remain under her father’s legal restriction and declined to be treated as a person of sound judgment. Is her father entitled to revoke the declaration of her sound judgment, or not?
He replied:
Praise be to Allah. Once she possesses sound judgment, she cannot remain under legal restriction. However, she may choose not to transact with her property except with her father’s permission. If she says, “I will not transact except with my father’s permission,” she may do so, provided that the transaction is not obligatory upon her.
He was asked:
A man died leaving a son and two daughters who had not been declared to possess sound judgment. One of the daughters married and authorized her husband to receive her share of her father’s estate and transact with it on her behalf. Does the aforementioned brother have guardianship over her? May the husband be called to account for what he has received and what he has spent in the orphan girl’s interests?