Interdiction of adults for foolishness

Allah Almighty says: "Then if the one who owes the debt is of deficient understanding, or weak, or unable to dictate himself, then let his guardian dictate with justice." [Surah al-Baqarah: 282]
Imam al-Shafi'i (may Allah have mercy on him) said: "So Allah Almighty established guardianship over the one of deficient understanding, the weak, and the one unable to dictate, and commanded his guardian to dictate on his behalf."

Urwah bin al-Zubayr (may Allah have mercy on him) said: Abdullah bin Ja'far (may Allah be pleased with them both) bought a piece of land for six hundred thousand dirhams, and Sayyiduna Ali and Sayyiduna Uthman (may Allah be pleased with them both) intended to place a restriction on his financial dealings. He said: I met Sayyiduna al-Zubayr (may Allah be pleased with him), and he said: No one has made a cheaper purchase than the one you have made. Then Abdullah (may Allah be pleased with him) mentioned the restriction on him, and he said: If I had the money, I would be your partner. He said: I will lend you half the money. He said: Then I am your partner. He said: Then Sayyiduna Ali and Sayyiduna Uthman (may Allah be pleased with them both) came to the two of them while they were discussing. Sayyiduna al-Zubayr (may Allah be pleased with him) asked: What are you discussing? They mentioned the restriction on Abdullah (may Allah be pleased with him). Sayyiduna al-Zubayr (may Allah be pleased with him) said: Will you place a restriction on a man whose partner I am? They said: No, by my life! He said: I am his partner. Then the restriction was dropped.

Urwah bin al-Zubayr (may Allah have mercy on him) said that Sayyiduna Abdullah bin Ja'far (may Allah be pleased with them both) came to Sayyiduna al-Zubayr bin al-Awwam (may Allah be pleased with him) and said: "I have bought such-and-such, and Sayyiduna Ali (may Allah be pleased with him) wants to go to the Commander of the Believers, Sayyiduna Uthman (may Allah be pleased with him), and have a financial restriction placed (on me)." Sayyiduna al-Zubayr (may Allah be pleased with him) said: "I am your partner in the sale." Then he went to Sayyiduna Uthman (may Allah be pleased with him) and told him this, and Sayyiduna Uthman (may Allah be pleased with him) said: "How can I place a financial restriction on a man whose partner is al-Zubayr?" Imam al-Shafi'i (may Allah have mercy on him) said that Sayyiduna Ali (may Allah be pleased with him) requested the restriction because his position was that a restriction can be placed on an adult; and if a restriction on an adult were not permissible, Sayyiduna al-Zubayr (may Allah be pleased with him) would have said that no restriction can be placed on a free adult; and likewise Sayyiduna Uthman (may Allah be pleased with him). The position of all of them was that a restriction can be placed on an adult.

Awf bin al-Harith bin al-Tufayl, who was the maternal nephew of Sayyidah Aishah (may Allah be pleased with her), said that Sayyidah Aishah (may Allah be pleased with her) sold or gave something in charity, and Sayyiduna Abdullah bin al-Zubayr (may Allah be pleased with them both), who was her nephew, said: "Aishah (may Allah be pleased with her) must stop such dealings, or else, by Allah, I will have a hajr (restriction) placed on her." The Mother of the Believers (may Allah be pleased with her) said: "Then I make a vow to Allah that I will never speak to Ibn al-Zubayr (may Allah be pleased with them both) again." After that, when her cutting off of relations had gone on for a long time, intercession was made to her on behalf of Sayyiduna Abdullah bin al-Zubayr (may Allah be pleased with them both). The Mother of the Believers (may Allah be pleased with her) said: "Certainly not! By Allah, I will not accept any intercession concerning him, and I will not break my vow." When this cutting off of relations became very distressing for Sayyiduna Ibn al-Zubayr (may Allah be pleased with them both), he spoke about the matter to Sayyiduna al-Miswar bin Makhramah and Sayyiduna Abd al-Rahman bin al-Aswad (may Allah be pleased with them both). Both of them were from Banu Zuhrah. Sayyiduna Ibn al-Zubayr (may Allah be pleased with them both) said to them: I adjure you by Allah: "Take me in to Sayyidah Aishah (may Allah be pleased with her) somehow, for it is not permissible for her to vow to sever ties of kinship with me." So Sayyiduna al-Miswar and Sayyiduna Abd al-Rahman (may Allah be pleased with them both), wrapped in their cloaks, brought Sayyiduna Abdullah bin al-Zubayr (may Allah be pleased with them both) along with them, sought permission from Sayyidah Aishah (may Allah be pleased with her) to enter, and said: 'As-salamu alaykum wa rahmatullah' (Peace and the mercy of Allah be upon you), may we come in? Sayyidah Aishah (may Allah be pleased with her) said: "Come in." They said: "All of us?" She said: "Yes, all of you come in." Sayyidah Aishah (may Allah be pleased with her) did not know that Sayyiduna Ibn al-Zubayr (may Allah be pleased with them both) was with them. When they went in, Sayyiduna Ibn al-Zubayr (may Allah be pleased with them both) went inside the curtain, embraced Sayyidah Aishah (may Allah be pleased with her), began to weep and to implore her by Allah; and Sayyiduna al-Miswar and Sayyiduna Abd al-Rahman (may Allah be pleased with them both) also began imploring her by Allah that Sayyidah Aishah (may Allah be pleased with her) should speak to Sayyiduna Ibn al-Zubayr (may Allah be pleased with them both) and forgive him. They also said: As you know, the Prophet (peace and blessings be upon him) has forbidden cutting off relations, saying: "It is not permissible for a Muslim to cut off his brother for more than three days." When their reminding pressed heavily upon Sayyidah Aishah (may Allah be pleased with her), Sayyidah Aishah (may Allah be pleased with her) also began reminding them and weeping, saying: "I have taken an oath, and the matter of an oath is serious." But they kept on trying until the Mother of the Believers (may Allah be pleased with her) spoke to Sayyiduna Ibn al-Zubayr (may Allah be pleased with them both), and she freed forty slaves for breaking her oath. After that, whenever she remembered this oath she would weep, and her head-covering would become wet with tears. The Shaykh said: Sayyidah Aishah (may Allah be pleased with her) did not deny hajr (restriction), and Sayyiduna Ibn al-Zubayr (may Allah be pleased with them both) also held this view; and hajr was known even in the time of the Messenger of Allah (peace and blessings be upon him), with no denial of it being reported from anyone. This is what indicates that.

It is narrated from Sayyiduna Anas bin Malik (may Allah be pleased with him) that in the time of the Messenger of Allah (peace and blessings be upon him) there was a man who used to buy and sell, and there was a weakness in his understanding (he lacked sound judgement). His family came to the Prophet (peace and blessings be upon him) and said: O Prophet of Allah, place a restriction on so-and-so, for he trades and there is a weakness in his understanding. The Messenger of Allah (peace and blessings be upon him) summoned him and forbade him (from trading). He said: O Messenger of Allah (peace and blessings be upon him), I cannot bear to give up buying and selling. So he (peace and blessings be upon him) said: "If you cannot give it up, then when you make a deal say: Hand to hand, and there is to be no deception in it."
It seems that when the Prophet (peace and blessings be upon him) saw him, he did not consider him fit to be placed under restriction; and in his not objecting to restriction (hajr) there is evidence that restriction is permissible.

The jurists of Madinah used to say: The foolish person (under guardianship) and the slave: the divorce of both of them is valid, and their freeing of slaves is void, except that the foolish person may free his umm walad (slave who bore him a child) if he wishes.