The passage includes declarations of divorce and historical manumission among those which lack effect when made by a minor or by a person without requisite understanding. The shared point is that juridical words require legal capacity.
Sale and divorce are both declarative acts but have quite different substantive rules. Their appearance together here illustrates a capacity principle; it is not a substitute for the separate chapters on family law or emancipation.
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Divorce and manumission in the opening rule
Kitab al-Hajr: Grounds of Legal Restriction, Capacity and Liability
The passage includes declarations of divorce and historical manumission among those which lack effect when made by a minor or by a person without requisite understanding. The shared point is that juridical words require legal capacity.
Sale and divorce are both declarative acts but have quite different substantive rules. Their appearance together here illustrates a capacity principle; it is not a substitute for the separate chapters on family law or emancipation.