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شنبه: 28 / 05 / 1396 ( )

Persons who have no right of disposal over their own property

 

2260. A child who has not reached the age of puberty, (Bulugh), has no right of discretion over the property he holds or owns, and the signs of him/her reaching the age of puberty are:

1.A boy becomes Baligh upon completion of his 15 lunar years, whereas a girl become Baligha upon completion of her 9 lunar years.
2.When stiff pubic hair grows.
3.When he discharges semen.

2261. Growing of stiff hair on the face, above the lips, on chest and under the armpits, and the voice becoming harsh etc. are not the signs of one’s reaching the age of puberty, except that one may become sure of having reached the age of puberty due to these changes.

2262. An insane or a feeble – minded (Safih), who squanders his property for useless purposes, and a poor person (Muflis) who has been prohibited by the Mujtahid to dispose of or have discretion on his property, cannot dispose his property.

 

2263. 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.

2264. 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 extravagance on his part. Also, it is permissible that he can sell his property at its proper value, or give it on rent.
Moreover, for example, if he gives away his property as gift, or sells it at a lower price than usual, his right of discretion exercised by him will be in order, even if he spent all of his estate; he does not need the permission of his heirs.

 

 

 

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