نام کتاب : مسائل المنتخبه (Articles Of Islamic Acts) نویسنده : الخوئي، السيد أبوالقاسم جلد : 1 صفحه : 435
2090. To conduct business with a minor child,
who is making the transaction independently, is void. However, if the
transaction is made with the guardian of thechi:d and the minor child,
who can distinguish between good and bad, only pronounces the formula of
the transaction the transaction is valid. Rather, if the commodity
ormoney is the property of another person, and the child sells that
commodity or purchases something with that money as an agent of the
owner, the apparent position is that thetransaction is in order though
the discerning child may be possessing that property or money
independently. And similarly if the child is a means of giving money to
theseller and carrying the commodity to the buyer or giving the
commodity to the buyer and carrying the money to the seller the
transaction is valid though the child may not bediscerning (i.e. one who
can distinguish between good and bad) because in fact two adult persons
have entered into the contract. How- ever, the seller and the buyer
should becertain and satisfied that the child will deliver the commodity
or money to its respective owners. 2091. If a person buys something from a minor
child or sells something to him when making a contract with him is not
valid he should give the commodity or moneytaken from him to his
guardian if it is the childs own property, or to its owner if it is the
property of someone else, or should obtain the agreement of its owner.
But ifhe does not know its owner and has also no means to identify him
he should give the thing taken from the child to a poor on behalf of its
owner on account of mazalim(i.e.to compensate for the injustices). 2092. It a person concludes a transaction with a
discerning child (i.e. one who can distinguish between good and evil)
with whom it is not valid to conclude atransaction, and the commodity or
money, which he gives to the child, perishes, the apparent position is
that he can, claim it from the child after he attains the age ofpuberty,
نام کتاب : مسائل المنتخبه (Articles Of Islamic Acts) نویسنده : الخوئي، السيد أبوالقاسم جلد : 1 صفحه : 435