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Issue No. 1909Possession of an Immature Child

Puberty Signs

Issue No.1909- A child who is not mature has no right of discretion over his/her own property. The signs of maturity [1] are one of these three signs:1) Completion of fifteen lunar years for boys, and Completion of nine lunar years for girls [2].2) Discharge of semen.3) When coarse hair grows below the navel and above the private part.

Issue No. 1911Who Are Mahjurin

Possession of an Insane or Feeble-Minded Person

Issue No.1911- An insane person and a mentally incompetent person, i.e., one who squanders his property for useless purposes, have no right of making use of their properties, rather, it should be under the supervision of their legal guardians.

Issue No. 1912Who Are Mahjurin

Possession of Bankrupt Over his Properties

Issue No.1912- A bankrupt person, i.e., a person whose debts are more than his available capital and his creditors have asked the Islamic judge to prohibit him from having discretion over his property, has no right over his property after the Mujtahid’s order.

Issue No. 1914Who Are Mahjurin

Possession of a Living Person

Issue No.1914- Before his death, a person can give away as much of his own wealth as he likes, whether he is well or sick; and he is allowed also to sell a commodity cheaper than its value or spend it on himself or on the members of his family or his guests. However, the recommended precaution is that a dying person in his terminal illness should not exercise such discretion in more than one third of his own estate, except with the permission of his heirs.

Issue No. 1914Who Are Mahjurin

Possession of a Person who is in the Risk of Death

Issue No.1914- Before his death, a person can give away as much of his own wealth as he likes, whether he is well or sick; and he is allowed also to sell a commodity cheaper than its value or spend it on himself or on the members of his family or his guests. However, the recommended precaution is that a dying person in his terminal illness should not exercise such discretion in more than one third of his own estate, except with the permission of his heirs.

Issue No. 1915Agency (Wakalat)

The Meaning of

Issue No.1915- Agency means that a person who is religiously allowed to get involved in a certain act, delegates it to someone else to do on his behalf. For example, one may appoint someone as his agent to sell his house, or for contracting one's marriage with a woman. If he has the necessary conditions, it will be in order.

Issue No. 1916Agency (Wakalat)

Conditions of Wakil

Issue No.1916- The wakīl (agent) and muwakkil (client) should both be sane, mature and not be of those who squander their property absurdly, and they should act with intention and free will.

Issue No. 1917Agency (Wakalat)

The Formula of Agency Contract

Issue No.1917- The agency agreement can be made by pronouncing its formula in English or Arabic or any other languages. And if a person conveys to another person, by indication, that he has made him his agent and the other person also indication himself in a way to convey that he has accepted that position (e.g., if he places his property at the agent’s disposal so that he may sell it on his behalf, and the agent takes the property for that purpose), the agency is in order.

Issue No. 1919Agency (Wakalat)

Agency in Harram Affairs

Issue No.1919- ‘Agency’ in haram acts or for affairs that an agent cannot perform rationally or religiously, is void. For example, a person who is in the state of Ihram cannot recite the formula of marriage, and can neither do that for another person as an agent.

Issue No. 1918Agency (Wakalat)

Sent Mandates from Other Cities

Issue No.1918- If a person appoints someone in another city as his agent, and gives him power of attorney (POA) and he accepts it, the agency is in order, even if the power of attorney reaches the agent after some time. Of course, the agent’s tasks will be in order after he has received the power of attorney and accepted it.