Seadet-i Ebediyye - Endless Bliss Sixth Fascicle

will be called ‘fâsiq’. A person who is cheated too much in buying
and selling will be called ‘sefîh’. Religious teachers who misguide
their pupils out of Islam by teaching them hîla-i-bâtila, unlearned
doctors and pharmacists, tradesmen who perpetrate fraudulent
bankruptcy, ignorant judges, fraudulent salesman, and profiteers
will be subjected to a ban. They will be banned from their business.
Ignorant and fâsiq muftîs also will be banned.” It is stated in
Mejma’ul-anhur: “According to the Imâmeyn (Two Imâms), a
debtor will be banned upon his creditor’s demand. The judge will
ban the debtor after sending him to prison. Thereafter, he, (i.e. the
judge,) will get some of the debtor’s property sold, pay the nafaqa
of people whose nafaqa is incumbent (on the debtor), and spend
the remainder paying the (debtor’s) debts; the debtor, however,
should be informed about the entire process. If the money does
not suffice, the judge will have the debtor’s other property that is
more than necessary sold. If the money thereby obtained is not
sufficient, either, then the judge will have the buildings belonging
to the debtor sold, if they are more than he needs. The fatwâ also
says so.” If a person has been banned because he is a spendthrift
or as a result of bankruptcy, his statements pertaining to nikâh and
talâq will be valid. For, expenditure for a marriage is included in
vital needs. The spendthrift’s property will be delievered to him by
the qâdî, [i.e. judge,] so that he will separate one-fortieth of his
property for the payment of zakât. However, lest he should go into
inappropriate expenses, the judge will appoint a reliable person to
keep him company. He will not be prohibited from going on hajj,
either. The money he will need for the journey will be entrusted to
a reliable person lest he should waste it. The father or grandfather
of a child can be its walî, but (one of) those of a sefîh man, (i.e. a
sendthrift,) cannot be his walî.
When an indiscreet child reaches puberty, he gains the right of
disposition over its property. However, unless it is seen that he is
not a sefîh person, his property will not be delivered into his hands
until he reaches the age of twenty-five. According to the Two
Imâms, (i.e. Imâm Abû Yûsuf and Imâm Muhammad,) and also in
the other three Madhhabs, (i.e. in the Shâfi’î, Mâlikî, and Hanbalî
Madhhabs,) even if he lives to an old age, his property will not be
delivered to him unless it is observed that he is a discreet person,
(i.e. not a sefîh one.) His power of disposition over his property
will be as much sahîh as will be determined by the judge. If this
person claims that he is discreet and his creditors argue that he has
not freed himself from sefâhat, (i.e. from the state of being a sefîh
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