that when the guardian permits the spendthrift to conduct business with a designated portion of his wealth, and the spendthrift then borrows money, the liability is confined to that very portion and does not extend to the rest of his assets; nor does any part of the debt transfer to the guardian’s ledger.
The guardian of a spendthrift is taken at his word regarding the orphan’s living expenses so long as what he claims is reasonable, yet he is not believed in saying that he returned the orphan’s property after the orphan reached adulthood unless he produces witnesses who testify to that effect.
Once the interdicted person attains the age of manhood and signs of sound judgment appear, his property is handed over to him. If he petitions the court for a declaration of competence, his supporting evidence is heard; and when testimony—widely attesting to his prudence, good judgment, and ability to manage his affairs—has been given, the guardianship is lifted and his transactions are deemed valid. Should his own guardian release him after observing his upright conduct and make that release a matter of record, it is equally valid and effective.
Orphans are to be treated generously from their own estates in a manner that is customary and fair. Allah, in His bounty, provides for them and for others—He has no partner. The orphan’s funds may also be used to support his mother if she is in need, to cover his education and discipline, to pay his zakāt al-fiṭr, and to discharge the obligatory zakāt on his property when it falls due. If the guardian offers an ʿEid al-Adḥā sacrifice on the orphan’s behalf, that is permissible and praiseworthy when the estate can afford it.
According to Mālik and his companions, a married woman—even though she is legally competent—may not give away in gift or charity more than one-third of her wealth without her husband’s permission. If she donates more than a third, the husband has the choice either to ratify the excess or to revoke it; some have said he may annul the gift in its entirety whenever it exceeds one-third. All of this represents Mālik’s doctrine, and Ibn al-Qāsim adopted the same position. However, if the husband remains unaware of what his wife has given away until she dies or he divorces her, her disposition stands and is effective.
Likewise, Mālik holds that a slave may give charity or make a gift from the property in his possession; if the master learns of it only after emancipating him, the transaction remains valid.