1051. A child who has not reached the age of puberty (Bulugh), has no right of discretion over the property he holds or owns, even if he is able to discren and is mature, and the previous permission of his/her guardian does not apply in this case and the subsequent permission is also a matter of Ishkal. However, in some cases a non-Bàligh is allowed to make, a transaction, like when buying or selling things of small worth as mentioned in rule. A girl becomes Bàlighah upon completion of her nine lunar years, and a boy is Bàligh when stiff pubic hair grows, or when he discharges semen, or as commonly held upon completion of fifteen lunar years.

1052. Growing of stiff hair on the face and above the lips may be considered as signs of Bulugh, but their growth on chest and under the armpits, and the voice becoming harsh etc. are not the signs of one's reaching the age of puberty.

1053. An insane person has no right of disposal over his property. Similarly, a bankrupt (i.e. a person who has been prohibited by the Mujtahid to dispose of or have discretion on his property because of the demands of his creditors) cannot dispose his property without the permission of the creditors. And a feeble-minded person (Safih) who squanders his property for useless purposes, has no right of disposal or discretion over his property, without the permission of his guardain.

1054. If a person is sane at one time and insane at another, the right of discretion exercised by him during his lunacy will not be considered valid.

1055. A dying man in his terminal illness can spend his own wealth on himself, on the members of his family, his guests and on other things as much as he likes, provided that, it is not considered to be extravagance on his part. Also, he can sell his property at its proper value, or hire it. But if he gives away his property as gift, or sells it at a lower price than usual, it will be valid only if the property gifted or sold cheap is equal to or less than 1/3 of his estate. And if it is more, it will be valid only if the heirs allow, and if they do not, then whatever he spent in excess of 1/3 of his estate will be considered void.

Rules Regarding Agency (Wikalah)

1056. Wikalah means that a person delegates somebody a task (like concluding a transaction), which he himself had a right to do, so that the other person may perform it on his behalf. For example, onemay appoint another person to act as one’s agent. For the sale of a house, or for a marriage contract. Since a feeble-minded person does not have right of discretion over his property, he cannot appoint an agent (Wakil) to sell it.

1057. If a person appoints a person in another city as his agent, and sends him power of attorney, and he accepts it, the agency is in order, even order, even if the power of attorney reaches the agent after some time.

1058. The Muwakkil (principal), that is, the person who appoints another person as his Wakil (agent), as well as the Wakil, should be sane, acting on their own volition and authority. And the principal should be Bàligh, except in cases where a discerning child can act.

1059. A person cannot become a Wakil for an act which he cannot perform, or which is Halal (allowed) for him to do. For example, a person who is wearing Ihram for Åajj cannot recite the formule of marriage as an agent for another person.

1060. If a person removes his agent from office, he (the agent) cannot perform the task entrusted to him after the news of his dismissal has reached him. However, if he has already performed the task before the news of his dismissal reaches him, it will be in order.

1061. An agent can relinquish the agency even if the principal is absent.

1062. An agent cannot appoint another person as agent for the performance of the task entrusted to him, except when the principal has authorised him to engage an agent. In that case, he should strictly act according to the instructions. Hence, if  the principal has said to him, 'Engage an agent for me', he should engage an agent for the principal and cannot appoint the agent on his own behalf.

1063. If the agent or the principal dies, the agency becomes invalid. Similarly, if the thing for the disposal of which one has appointed an agent perishes, for example, the sheep which the agent was entrusted to sell, dies, the agency becomes invalid.

1064. If a person appoints someone as agent to perform a task, and promises to give him something for his services, he must give him the promised thing after the completion of the task.

1065. If an agent is not careless in looking after the property entrusted to him, nor does he exercise such discretion over it for which permission was not granted, and by chance the property is lost or destroyed, it is not necessary for him to compensate for it.

1066. If an agent has been careless about looking after the property entrusted to him, or treated it in a manner which was different from the one allowed by the principal, and consequently the property is lost or destroyed, he is responsible for it. For example, if he is given a dress to sell, and instead he wears it, and it is damaged, he should pay compensation for it.

Rules Regarding Debt or Loan

1067. If a period is fixed for the repayment of debt in the formal contract of debt by the debtor, or by mutual agreement, the creditor cannot claim repayment of the debt before the expiry of that period. But if it was stipulated by the creditor, or if no such period was fixed, the creditor can demand the repayment of his debt at any time.

1068. When the creditor demands his debt, and no time has been stipulated for its repayment or after the period is expired, and the debtor is in a position to pay it, he should pay it immediately, and if he delays its payment, he commits a sin.

1069. If the debtor does not possess anything other than the house he occupies, the household effects, and other things of essential needs, without which he would be facing hardship, the creditor cannot claim the repayment from him. He should wait till the debtor is in a position to repay the debt.

1070. If a person is indebted and he is unable to repay his debt, and employment for him is easy, or if it has been his vocation, it is obligatory upon him to do so in order to pay off the debt. Even in other case, if he can do a business fit for him, as an obligatory precaution, he should do it in order to repay his debt.

1071. If a person has no access to his creditor, and does not hope to find him or his heirs, he should pay the amount he owes, to the poor on behalf of the creditor. And as a precaution, he should obtain permission for it from the Mujtahid. But if he hopes to find his creditor or the heirs, he should wait and search for him/them. And if he does not succeed, he should make a will stating that after his death, if the creditor or the heirs appear, they should be paid from his eastate.

1072. If the estate of a dead person does not exceed the obligatory expenses of his Kafn, burial and the payment of his debt, his estate should be utilised for these purposes and his heir will not inherit anything.

1073. If the property taken on loan has not perished, and its owner demands it, it is not obligatory upon the debtor to return it, and if the debtor wants to return it, the creditor can avoid accepting it.

1074. If a person who advances a loan, makes a condition that he will take back more than what he gives, for example, he gives 3 kilos of wheat and stipulates that he will take back 3-5 kilos of wheat, or gives ten eggs and says that he will take back eleven eggs, it will be usury and therefore Halal (allowed). Rather, if he stipulates that the debtor should, apart from the repayment, do some work for him, or repay the loan along with a quantity of another commodity (for example, if he lays down the condition that the debtor will return one rupee owed along with a match box) it will be usury and Halal (allowed). Also, if he stipulates that the debtor, will return the thing loaned to him in a particular shape, e.g. if he gives him a quantity of glod, and imposes the condition that he will take it back as golden or naments, that too, is usury and Halal (allowed). However, if no condition is made by the creditor, and the debtor himself decides to repay something more than what he borrowed, there is no harm in it. In face, it is Mustahab to do so.

1075. To pay interest is Halal (allowed), the same way as charging interest. However, if a person takes a loan against interest, he becomes its owner, but the creditor does not become the owner of the excess received by him, and discretion over it will be Halal (allowed), and if he purchases some thing with that money, he will not become its owner. And if it is known that thed ebtor would have allowed him the use of that money, even if they would not have agreed on interest, then the creditor can exercise his discretion over the money without any objection. Also if someone takes interest due to not knowing the rule, and after knowing it he repents, the interest taken at the time of ignorance will beHalal (allowed) for him.

Rules Regarding Hawalah (Transferring the Debts etc.)

1076. If a person gives a sum of money to a merchant, so that he may get from him something less in another city, there is no harm in it.

1077. If a person gives some money to another person with the condition that after a few days, he will take a larger amount from him in another city, or town, and if that currency is of gold or silver or wheat or barley, the transaction is usury which is Halal (allowed). However, if the person who is taking more amount gives some commodity against the excess amount or performs some task, there is no harm in this arrangement. As for the usual bank notes, which is classified as things to be counted, it is not permissible to take more in exchange. But if it is sold cash or credit, and the bank notes two apart units, like Tooman and Dinar, there is no harm if something more is taken in exchange. And if a person sells bank notes on credit basis, for more in return, and if they belong to the same classification of commodity, it is a matter of Ishkal.

1078. If a person is owed by someone, and the thing owed is not in the category of gold, silver or anything measured or weighed, he can sell it to the debtor or anybody else for a lesser amount and realise the sum in cash. On this basis, in the present times, a creditor can sell the bills of exchange or the promissory notes received from debtor, to the bank, or any other person, at a price lower than the amount due to him (which is called discounting in common parlance) and can take the outstanding balance in cash, because dealings with regard to common bank notes is not by weight or measure.

1079. If a debtor directs his creditor to collerct his debt from the third person, and the creditor accepts the arrangement, the third perso will, on completion of all the conditions to be explained later, become the debtor. Thereafter, the cre ditor cannot demand his debt from the first debtor.

1080. Inall cases of tranfers, one to whom it is assigned should have accepted it, whe ther he is debtor or not.

1081. The creditor may decline to accept the transfer of debt, al though the person in whose name the assignment has been given may be rich, and may not fail to honour the Hawalah.

1082. If aperson accepting the Hawalah is not adebtor to the person giving the Hawalah, he can demand the amount of the Hawalah from the person who gave it, before honouring the Hawalah, unless it was previously agreed that the payment would be deferred for a fixed period and that period has not Iapsed, in this case, the person accepting the Hawalah cannot demand payment even if he himse if may havehonoured the Hawalah-And if the creditor compromises for a lesser amount, the person honouring the Hawalah should demand only that sum which he paid.

1083. When the conditions of the transfer of debt have been fulfilled, the person effecting the Hawalah and the person receiving it cannot cancel the Hawalah, and if the person receiving the Hawalah was not poor at the time the Hawalah was issued, the creditor cannot cancel the Hawalah even if the recipient becomes poor afterwards. The same will apply if the recipient of the Hawalah was poor ot the time it was issued, and the creditor knew about it. But if the creditor did not know that the person to whom Hawalah has been issued is poor, and when he comes to know of it, the recipient is still poor, then the creditor cah abrogate the Hawalah transaction, and demand his money from the debtor himself. But if the recipient of Hawalah has turned rich, then the right of cancelling the Hawalah is a matter of Ishkal.