from the judge Abu Yusuf. This is a story whose like is well-known, and no one in their era opposed it, so it constitutes a consensus. Furthermore, this person is a fool (safih), so he is placed under interdiction, just as if he had reached puberty while being a fool, for the reason that necessitated his interdiction upon reaching puberty while being a fool is still present. Moreover, if foolishness were to coincide with puberty, it would prevent the delivery of his wealth to him; thus, if it occurs later, it requires the seizure of the wealth, like insanity. It differs from the person of sound judgment (rashid), for if his sound judgment were to coincide with puberty, it would not prevent the delivery of his wealth to him.

Section: He cannot be placed under interdiction except by the ruler (al-hakim), and this is the view of al-Shafi'i. Muhammad said: "He becomes interdicted simply by his squandering, because that is the cause of interdiction, so it resembles insanity (2)." Our argument is that squandering varies, is differed upon, and requires ijtihad (legal reasoning). If the cause requires ijtihad, it is not established except by the judgment of the ruler, [like the beginning of the period for impotence (3), and because it is an interdiction that is differed upon, so it is not established except by the judgment of the ruler] (4), like the interdiction on an insolvent person. It differs from insanity, for it does not require ijtihad and there is no disagreement regarding it. Whenever he is interdicted and then returns to sound judgment, the interdiction is lifted from him. It does not cease except by the judgment of the ruler. This is the view of al-Shafi'i. Abu al-Khattab said: "The foolishness ceases, for it is the cause of the interdiction, so it ceases with its cessation, as in the case of the child and the insane person." Our argument is that it is an interdiction established by the judgment of the ruler, so it does not cease except by it, like the interdiction of the insolvent person. Also, sound judgment requires reflection and ijtihad to recognize it, and to recognize the cessation of his squandering, so it is like the initiation of the interdiction upon him. It differs from the child and the insane person, for the interdiction upon them is without the judgment of a ruler, so it ceases without his judgment. Furthermore, if we made people's transactions dependent upon the ruler, most people would be under interdiction. Ahmad said: "An elderly person whose intellect is doubted is placed under interdiction." Meaning: when he becomes old and his intellect becomes impaired, he is placed under interdiction, in the status of the insane person, because he is thereby unable to manage his wealth in a way that is beneficial and to preserve it, so he resembles the child and the fool.