A gift from children

Question

Question: In al-Durr al-Mukhtar, in the Book of the Authorised (al-Ma’dhun), in the fifth volume, the following text is written: [ar]تصرف الصبي والمعتوه إن كان نافعًا كالإسلام والاتهاب صح، وإن ضارًّا كالطلاق والعتاق والصدقة والقرض[/ar] “The disposal of a minor and of the mentally deficient, if it is beneficial — such as accepting Islam and accepting a gift — is valid; and if harmful — such as divorce (talaq), manumission, sadaqa and lending…” (vol. 5, p. 1131).

Answer

The actual ruling is the one found in al-Durr al-Mukhtar and Shami. What is mentioned in the introduction to “Ikmal al-Shiyam” applies to this case: guardians (awliya’), in order to accustom their small children, have the children — through them, by their hands, and telling them that the thing belongs to the children themselves — present it on their own behalf as a gift to…

Source: Fatawa Mahmudiyya

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