يُحْجَرُ عَلَى السَّفِيهِ
Translation: The safih is placed under interdiction.
Abu Yusuf and Muhammad permit interdiction of a free adult because of proven financial improvidence. In their reasoning, keeping assets in custody would not protect them if harmful contracts could continuously dissipate the estate.
Accordingly, the interdicted person's sale is not effective on its own, although a beneficial transaction may be approved by the judge. Later Hanafi commentary also reports a procedural distinction: Abu Yusuf ties the onset of interdiction to judicial action, whereas Muhammad gives greater effect to the established state of improvidence itself.
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The two disciples: interdiction of a safih
Kitab al-Hajr: Improvidence, Legal Restriction, and the Age of 25
يُحْجَرُ عَلَى السَّفِيهِ
Translation: The safih is placed under interdiction.
Abu Yusuf and Muhammad permit interdiction of a free adult because of proven financial improvidence. In their reasoning, keeping assets in custody would not protect them if harmful contracts could continuously dissipate the estate.
Accordingly, the interdicted person's sale is not effective on its own, although a beneficial transaction may be approved by the judge. Later Hanafi commentary also reports a procedural distinction: Abu Yusuf ties the onset of interdiction to judicial action, whereas Muhammad gives greater effect to the established state of improvidence itself.