"And test the orphans," meaning, test them regarding their preservation of their wealth. "Until they reach marriageable age," meaning the age of maturity for men and women. "Then if you perceive among them soundness of judgment," meaning you see and know from them preservation of their wealth and goodness in the management of their livelihoods.

810 - Issue: Abu al-Qasim, may Allah have mercy upon him, said: "And whoever is perceived to have soundness of judgment, his wealth shall be delivered to him, provided he has reached maturity."

The discourse on this issue involves three sections:

First, concerning the obligation to deliver the wealth to the one under interdiction once they have attained soundness of judgment and maturity; there is no disagreement regarding this, praise be to Allah the Almighty. Ibn al-Mundhir said: They are in agreement on this, and Allah the Almighty has ordered it in the text of His Book, by His saying, Glory be to Him: "And test the orphans until they reach marriageable age; then if you perceive among them soundness of judgment, deliver their wealth to them" (Surah An-Nisa: 6). Furthermore, interdiction placed upon them only occurred due to their inability to dispose of their wealth in a manner that serves their interest, for the purpose of preserving their wealth for them. Through these two indicators (maturity and soundness of judgment), they become capable of disposition, and their wealth is preserved, thus the interdiction is removed because its cause has ceased. It is not considered, regarding the removal of interdiction from the insane person when they regain their intellect, that a judge's ruling is required, without disagreement; nor is this considered for the child once they attain soundness of judgment and maturity. Al-Shafi'i held this view. Malik said: It is not removed except by a judge. This is the view of some of al-Shafi'i's companions because it is a matter of ijtihad (legal reasoning) and examination, for it requires ijtihad to determine maturity and soundness of judgment; thus it is deferred to the judge's ruling, like the removal of interdiction from the spendthrift. Our position is that Allah the Almighty ordered the delivery of their wealth to them upon reaching maturity and the perception of soundness of judgment; therefore, stipulating a judge's ruling is an addition that prevents the delivery at the time it is required without a judge's ruling, and this is contrary to the text. Furthermore, it is an interdiction without a judge's ruling, so it is removed without his ruling, like the interdiction upon the insane person, and in this, it differs from the spendthrift.