Wednesday 2 December 2020 \

 

Trading With One Who is Not Mukallaf?

Source : Shafiifiqh.com / 20 Dec 2013

Question:

Assalamu ‘Alaykum,

Is it permissible to trade with someone who is not mukallaf yet? JazakAllah Khayran Kathiran.

Answer:

Wa alaykum salam wa rahmatullah wa barakatuhu,

In Minhaj v. 2, p. 332, Imam Nawawi mentioned the two conditions: (1) rushd and (2) not being compelled. In Mughni, Khatib Shirbini defined rushd,

وهوأنيتصفبالبلوغوالصلاحلدينهومالهفلايصحمنصبي…

“And it is that one has the qualities of pubescence and soundness in his religion and money; thus, it is not valid from a pre-pubescent individual…”

In I’anat al-Talibin v. 3, p. 12, Dimyati cited Imam Nawawi’s Daqa’iq al-Minhaj on that the way the issue was worded in Minhaj is better than what is in Muharrar. Rather than saying taklif is stipulated, Imam Nawawi mentioned that rushd and not being compelled are conditions. Still, some scholars (like Ibn al-‘Iraqi in Tahrir al-Fatawi v. 1, p. 682-84) raised contentions regarding the reasons for the preference of wording given by Imam Nawawi in Daqa’iq.

The validity of a pre-pubescent child’s transactions is an issue on which the scholars differed. In al-Fiqh al-Islami v. 4, p. 355, Dr. Zuhayli mentioned that in the Hanafi Madhhab, pubescence is not stipulated. And that the Hanafis categorize the dealings of the pre-pubescent child as follows:

1) Transactions of pure benefit, accepting gifts or charity would be examples. This sort of transaction is valid even without the guardian’s permission or approval.

2) Transactions of pure detriment, giving gifts or charity would be example. These are not valid from the child.

3) Transactions that can incur benefit or detriment, buying, selling, leasing, etc., are all examples. These sorts of transactions are valid, but suspended on the guardian’s approval.

The Hanafi, Maliki, and Hanbali Madhhabs all have views which consider that the pre-pubescent’s buying and selling is valid, but contingent on the guardian’s approval.

In the Shafi’i Madhhab however it is not valid.

And Allah knows best.

 

We recommend

Social Networks