Under Quduri’s rule, the admission of a minor or a person whose understanding is overwhelmed does not bind them in the manner of a fully competent adult’s admission. Imposing liability merely on the basis of a statement requires valid legal capacity.
A non-discerning child saying “yes” when asked whether they owe a large sum does not thereby establish an adult-like debt. If the child actually damaged property, that is a different issue governed by the rules for physical loss.
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Admissions made without adequate capacity
Kitab al-Hajr: Grounds of Legal Restriction, Capacity and Liability
Under Quduri’s rule, the admission of a minor or a person whose understanding is overwhelmed does not bind them in the manner of a fully competent adult’s admission. Imposing liability merely on the basis of a statement requires valid legal capacity.
A non-discerning child saying “yes” when asked whether they owe a large sum does not thereby establish an adult-like debt. If the child actually damaged property, that is a different issue governed by the rules for physical loss.