2. Ḥajr for the benefit of others, such as:
27 November 2025 • 371 views
A- Ḥajr imposed on a bankrupt individual (المفلس), preventing them from disposing of their wealth to safeguard the rights of creditors.
B- Ḥajr imposed on a person who is terminally ill, limiting their disposal of wealth beyond one-third of their estate to protect the rights of heirs.
C- Ḥajr imposed on a slave, restricting their financial transactions without their master’s permission.
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الأحكام المتعلقة بالحجر على الإنسان لمصلحة نفسه
Rulings Related to Ḥajr For the Benefit of the Restricted Person
1. If the individual under restriction—whether due to young age or similar reasons—commits harm against a person or property, such as through physical assault or financial mismanagement, then:
He bears the responsibility for any resulting fines because the party harmed neither neglected their duty nor consented to the act. However, if a person willingly hands over their property to a minor, an incompetent individual (safīh), or an insane person, who then damages it, they are not entitled to compensation because they knowingly entrusted the property and are therefore considered negligent.
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Removal of Ḥajr for a Minor
The ḥajr imposed on a minor is lifted upon the fulfillment of two conditions:
1. Reaching Puberty:
Puberty is identified by the following signs:
- Emission of semen.
- Growth of coarse hair around the private parts.
- Reaching fifteen years (according to the lunar calendar).
- Onset of menstruation in the case of females.
2. Sound Judgment (Rushd):
This refers to the ability to manage financial matters appropriately, as indicated by the Āyah:
﴿وَٱبۡتَلُوا۟ ٱلۡیَتَـٰمَىٰ حَتَّىٰۤ إِذَا بَلَغُوا۟ ٱلنِّكَاحَ فَإِنۡ ءَانَسۡتُم مِّنۡهُمۡ رُشۡدࣰا فَٱدۡفَعُوۤا۟ إِلَیۡهِمۡ أَمۡوَ ٰلَهُمۡ﴾
"And test the orphans until they reach the age of marriage. Then if you perceive in them sound judgment, release their property to them..." [Surah An-Nisa: 6].
Sound judgment is determined through examination by granting the individual some financial autonomy. If they engage in transactions without incurring significant losses or spending wastefully or unlawfully, this is evidence of their sound judgment.
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Removal of Ḥajr for the Insane
The ḥajr imposed on an insane individual is lifted upon the fulfillment of two conditions:
1. Cessation of Insanity:
The person's mental faculties must return to normal.
2. Sound Judgment (Rushd):
Similar to the conditions applied to minors, they must demonstrate the ability to manage financial matters appropriately.
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Removal of Ḥajr for the Weak-Minded (Safīh)
The ḥajr imposed on a weak-minded individual (safīh) is lifted when their recklessness and imprudence cease, and they exhibit sound judgment in financial transactions.
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Guardianship over Individuals Under Ḥajr
1. The guardian of individuals under ḥajr is the father, provided he is just and competent. If the father is unavailable or unqualified, his appointed executor (الوصيّ) assumes this responsibility.
2. The guardian must act in the best interest of the individuals under their care, ensuring decisions maximise their benefits. This is supported by the Āyah:
﴿وَلَا تَقۡرَبُوا۟ مَالَ ٱلۡیَتِیمِ إِلَّا بِٱلَّتِی هِیَ أَحۡسَنُ﴾
"And do not approach the property of the orphan, except in a manner that is best..." [Surah Al-An’am: 152].
While the Āyah specifically mentions orphans, its ruling is extended to others in similar situations.
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Preservation of Orphans’ Wealth
The guardian must safeguard the wealth of orphans, avoiding any unjust consumption or mismanagement, as emphasised in the Āyah:
﴿إِنَّ ٱلَّذِینَ یَأۡكُلُونَ أَمۡوَ ٰلَ ٱلۡیَتَـٰمَىٰ ظُلۡمًا إِنَّمَا یَأۡكُلُونَ فِی بُطُونِهِمۡ نَارࣰاۖ وَسَیَصۡلَوۡنَ سَعِیرࣰا﴾
"Indeed, those who consume the wealth of orphans unjustly are only consuming into their bellies fire. And they will be burned in a Blaze."
[Surah An-Nisa: 10].