Buying and Selling: Ruling on Disputed Sale of a Minor’s Inherited Property Without Legal Safeguards

Practical Laws of Islam as per the teachings of Imam Khamenei

Buying and Selling: Ruling on Disputed Sale of a Minor’s Inherited Property Without Legal Safeguards

English:

Question #1481:

After the death of my father, my uncles began to run his shop, opting to pay us a monthly rent. After a while, my mother, who was then our legal guardian, borrowed an amount of money from one of my uncles. My uncles withheld the payment of rent to recover the amount of the debt. Later on, they bought the shop from my mother contrary to the provisions of the law that had been designed to preserve the rights of minors in their property until they attain ritual maturity. The transaction was concluded at the time of the previous regime with the mediation of one of the regime’s men. What is our duty now? Can the previous actions and transactions be regarded as valid? Are we justified in revoking the transaction? And should the right of the children be overlooked because of time lag?

Answer #1481:

Renting the shop and deducting money from the rent in settlement of the debt are both valid, so is the eventual sale of the shop. That is unless it is legally and Islamically proved that the sale transaction was not in the best interests of the children, or the legal guardian of the children was not authorised to conclude the sale and the children did not sanction the deal after they attained ritual maturity. Assuming that the transaction was proved void, the time lag factor is of no consequence on overlooking the children’s rights.

-Imam Khamenei, Practical Laws of Islam, Importance and Conditions of Buying and Selling