people, and their like, their testimony is not accepted, yet their wealth is delivered to them. Once this is established, if the immoral person spends his wealth in acts of disobedience, such as purchasing alcohol or instruments of diversion, or uses it to reach toward corruption, then he is not a person of sound judgment; due to his squandering of his wealth and wasting it without benefit. But if his immorality is for other than that—such as lying, withholding zakah, or neglecting prayer, while he preserves his wealth—his wealth is delivered to him, because the objective of interdiction is the preservation of wealth, and his wealth is preserved without interdiction. For this reason, if immorality were to befall him after his wealth had been delivered to him, it would not be stripped from him (4).
Section: His sound judgment is only known through testing him, due to the statement of Allah, the Exalted: {And test the orphans until they reach the age of marriage} (5). This means: test them. It is like His saying, the Exalted: {That He may test you as to which of you is best in deed} (6), meaning: that He may test you. Testing him is done by entrusting to him the transactions that his peers engage in (7). If he is one of the children of merchants, he is entrusted with buying and selling; if he repeats this and is not cheated, and does not waste what is in his hands, he is a person of sound judgment. If he is one of the children of the landed gentry (dahaqin) and the elite, whose peers are kept away from markets, he is given the expenditure for a period to spend it on his own interests. If he is capable in this, spending it on its proper occasions, requiring accounts from his agent, and being meticulous with him, then he is a person of sound judgment. As for a woman, she is entrusted with what the lady of the house is entrusted with, such as hiring women who spin, appointing her agent to purchase linen, and similar things. If she is found to be in control of what is in her hands, and obtaining [full value] from her agent, she is a person of sound judgment. The time for testing is before reaching puberty, in one of the two narrations, and this is one of the two positions of the companions of al-Shafi'i, because Allah, the Exalted, said: {And test the orphans until they reach the age of marriage; then if you perceive in them sound judgment, deliver to them their property}. The apparent meaning of the verse is that testing them is before puberty, for two reasons: First, He called them orphans, and they are only orphans before puberty. Second, He extended their testing until puberty with the word "until" (hatta), which indicates that testing is before it. And because delaying the test until puberty leads to interdiction over a pubescent person of sound judgment, as the interdiction extends until he is tested and his sound judgment is known, and testing him before puberty prevents this, so it is more appropriate. However, only the adolescent who has reached the age of discernment (mumayyiz) is tested, who knows buying and selling and the beneficial from the harmful. And whenever his guardian permits him, he acts [accordingly], based on what we have mentioned previously. Ahmad has alluded in one place to testing him after puberty, because his transaction before that is the transaction of one in whom the probability of intellect has not been found. The companions of al-Shafi'i have differed regarding the time of testing, according to what we have mentioned previously regarding the two narrations.
813 - Issue: He said: "If he returns to foolishness, he is placed under interdiction."
Its general scope is that when an interdicted person has the interdiction lifted from him due to his sound judgment and reaching puberty, and his wealth is delivered to him, then he returns to foolishness, the interdiction is restored upon him. This is the view of al-Qasim ibn Muhammad, Malik, al-Shafi'i, al-Awza'i, Ishaq, [Abu Thawr] (1), Abu 'Ubayd, Abu Yusuf, and Muhammad. Abu Hanifah said: "Interdiction is not initiated upon a pubescent, sane person, and his transaction is effective." This was also narrated from Ibn Sirin and al-Nakha'i, because he is a free, legally responsible person, so he is not placed under interdiction, like the person of sound judgment. Our argument is the consensus of the Companions. 'Urwah ibn al-Zubayr narrated that 'Abd Allah ibn Ja'far made a sale, and 'Ali (may Allah be pleased with him) said: "I will surely go to 'Uthman so that he may place you under interdiction." 'Abd Allah ibn Ja'far went to al-Zubayr and said: "I have made a sale, and 'Ali wants to go to the Commander of the Faithful, 'Uthman, and ask him to place me under interdiction." Al-Zubayr said: "I am your partner in the sale." 'Ali went to 'Uthman and said: "Ibn Ja'far has made such-and-such a sale, so place him under interdiction." Al-Zubayr said: "I am his partner in the sale." 'Uthman said: "How can I place a man under interdiction when his partner is al-Zubayr?" Ahmad said: "I have not heard this except from
(4) Omitted from: A, B, and M. (5) Surah al-Nisa 6. (6) Surah al-Mulk 2. (7) Omitted from: B and M.
الناسِ، وأشْبَاهِهِمْ. لا تُقْبَلُ شَهَادَتُهُم، وتُدْفَعُ إليهم أمْوَالُهم. إذا ثَبَتَ هذا، فإِنَّ الفاسِقَ إن كان يُنْفِقُ مَالَهُ فى المَعاصِى، كشِرَاءِ الخَمْرِ، وآلاتِ اللَّهْوِ، أو يَتَوَصَّلُ به إلى الفَسادِ، فهو غيرُ رَشِيدٍ؛ لِتَبْذِيرِه لِمَالِه، وتَضْيِيعِه إيَّاهُ فى غير فائِدَةٍ. وإن كان فِسْقُه لغير ذلك، كالكَذِبِ، ومَنْعِ الزَّكاةِ، وإضاعَةِ الصَّلاةِ، مع حِفْظِه لِمَالِه، دُفِعَ مَالُه إليه، لأنَّ المَقْصُودَ بالحَجْرِ حِفْظُ المالِ، ومَالُه مَحْفُوظٌ بدُونِ الحَجْرِ، ولذلك لو طَرَأَ الفِسْقُ بعد دَفْعِ مَالِه إليه، لم يُنْزَعْ مِنْهُ (٤).
فصل: وإنَّما يُعْرَفُ رُشْدُه باخْتِبَارهِ؛ لقولِ اللهِ تعالى: {وَابْتَلُوا الْيَتَامَى حَتَّى إِذَا بَلَغُوا النِّكَاحَ} (٥). يعنى اخْتَبِرُوهم. كقولِه تعالى: {لِيَبْلُوَكُمْ أَيُّكُمْ أَحْسَنُ عَمَلًا} (٦) أى يَخْتَبِرَكم. واخْتِبارُه بِتَفْويِضِ التَّصَرُّفاتِ التى يَتَصَرَّفُ فيها أمْثَالُه إليه (٧)؛ فإنْ كان من أوْلادِ التُّجَّارِ فُوِّضَ إليه البَيْعُ، والشِّرَاءُ، فإذا تَكَرَّرَتْ منه، فلم يُغْبَنْ، ولم يُضَيِّعْ ما فى يَدَيْهِ، فهو رَشِيدٌ. وإن كان من أوْلادِ الدَّهاقِينِ، والكُبَرَاءِ الَّذين يُصَانُ أمْثالُهُم عنِ الأسْوَاقِ، رُفِعَتْ إليه نَفَقَةُ مُدَّةٍ، لِيُنْفِقَها فى مَصَالِحِه، فإن كان قَيِّمًا بذلك، يَصْرِفُها ومَوَاقِعِهَا، ويَسْتَوْفِى على وَكِيلِه، ويَسْتَقْصِى عليه، فهو رَشِيدٌ. والمرأةُ يُفَوَّضُ إليها ما يُفَوَّضُ إلى رَبَّةِ البَيْتِ، من اسْتَئْجَارِ الغَزالَاتِ، وتَوكِيلها فى شِرَاءِ الكَتَّانِ، وأشْبَاهِ ذلك. فإنْ وُجِدَتْ ضَابِطَةً لما فى يَدَيْها، مُسْتَوْفِيَةً من وَكِيلِها، فهى رَشِيدَةٌ. ووَقْتُ الاخْتِبَارِ قبلَ البُلُوغِ، فى إحْدَى الرِّوَايَتَيْنِ، وهو أحَدُ الوَجْهَيْنِ لأصْحابِ الشَّافِعِيِّ، لأنَّ اللَّه تَعالى قال: {وَابْتَلُوا الْيَتَامَى حَتَّى إِذَا بَلَغُوا النِّكَاحَ فَإِنْ آنَسْتُمْ مِنْهُمْ رُشْدًا فَادْفَعُوا إِلَيْهِمْ أَمْوَالَهُمْ}. فظَاهِرُ الآيَةِ أنَّ ابْتِلاءَهم قبلَ البُلُوغِ، لِوَجْهَيْنِ، أحَدِهما، أنَّه سَمَّاهُمْ يَتَامَى، وإنَّما
(٤) سقط من: أ، ب، م.(٥) سورة النِّساء ٦.(٦) سورة الملك ٢.(٧) سقط من: ب، م.