لَمْ يَنْفُذْ بَيْعُهُ
Translation: His sale does not take legal effect.
Under the two disciples' view, an interdicted safih's sale does not take effect merely because he has signed or pronounced it. A judge evaluates whether the sale is in his interest; if genuinely beneficial, judicial authorization may make it operative.
For example, selling a market-value asset worth 100,000 for 20,000 under pressure plainly harms the estate, whereas selling at fair value to meet a necessary obligation may help it. The judge's role is to assess benefit, not to reject or rubber-stamp every sale automatically.
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A sale by a safih and judicial approval
Kitab al-Hajr: Improvidence, Legal Restriction, and the Age of 25
لَمْ يَنْفُذْ بَيْعُهُ
Translation: His sale does not take legal effect.
Under the two disciples' view, an interdicted safih's sale does not take effect merely because he has signed or pronounced it. A judge evaluates whether the sale is in his interest; if genuinely beneficial, judicial authorization may make it operative.
For example, selling a market-value asset worth 100,000 for 20,000 under pressure plainly harms the estate, whereas selling at fair value to meet a necessary obligation may help it. The judge's role is to assess benefit, not to reject or rubber-stamp every sale automatically.