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Ruling 2092

A transaction carried out with a non-bāligh child who acts independently in the transaction is void except with regard to things that have little value and with which it is normal to transact with a non-bāligh child who is able to discern between right and wrong (mumayyiz). If the transaction is carried out with his guardian (walī) and the non-bāligh mumayyiz child only says the formula (ṣīghah)6 for the transaction, it is valid in each case. In fact, if the commodity or the money belongs to someone else and the child sells the commodity as the agent (wakīl) of the owner or buys something with the money, the apparent (ẓāhir)7 ruling is that the transaction is valid even though the mumayyiz child may be independent in having disposal over the commodity/money. Similarly, if the child merely acts as an intermediary for delivering the money to the seller, the transaction is valid even if the child is not mumayyiz because in reality two bāligh people will have transacted with one another.

6 See Rulings 2107 and 2108.
7 For practical purposes in jurisprudential rulings, expressing an ‘apparent’ ruling equates to giving a fatwa.