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The question

Is it permissible for an imprudent person (safih) to sell his car if it is his property and he is in dire need of money?

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Source: FtawySummarized from the full answer at Ftawy · imported Sep 2, 20261 min readAlso available in العربية
The answer

The majority of scholars hold the view that an adult prodigal (safih) should be interdicted, whether the prodigality persisted after puberty or arose after reaching maturity. This is contrary to Abu Hanifa, who does not interdict him except that he prevents his guardian from giving him his money until he reaches 25 years of age, whereupon his money is handed over to him.

The majority of jurists believe that interdiction of a prodigal, and its解除 (lifting), can only be done by a judge's ruling. Thus, a prodigal's sale before interdiction is valid.

After interdiction, his sale is not valid without his guardian's permission, according to the majority of scholars. If the guardian grants permission, the contract is enforced according to the Hanafis and Malikis, while the Shafi'is and Hanbalis differ.

Summarized from the full answer at Ftawy · imported

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Source platform
Ftawy
Original fatwa ID
141949
Imported
Translation status
Source text, unreviewed
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