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Persons Who Are not Entitled to Control Their Own Property.

2352. A child who is not Baligh has no right from Shariah point of view to make decisions about his/her own property. The sign of being Baligh (Bulugh) is one of these three points:

First, growing of stiff public hair over private parts;

Second, discharge of semen;

Third, completion of 15 lunar years for boys and 9 lunar years for girls.

2353. Growing of stiff hair on the face and 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.

2354. An insane person has no right of disposal over his property. Insane here means a person who may spend his property in futile affairs and his right of disposal is conditional on the approval of their guardian. Also, the same applies to a bankrupt who is barred from such right by a fully competent Mujtahid.

2355. 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

2356. 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 and it is not considered to be extravagance on his part. He can give away his property as gift, or sell it at a lower price than usual, it will be valid even if the property gifted or sold cheap is equal to or less than 1/3 of his estate and the heirs do not allow.