The Three Grounds
Al-Safih (the Prodigal): a person who wastes wealth in ways that harm themselves or their dependents — gambling away inheritance, making irrational gifts, dissipating family assets. The classical schools differ on whether the hajr requires a court order or applies automatically; most require formal judicial interdiction. Under hajr, the safih’s transactions (sales, gifts, loans given) are voidable or void — the guardian controls the property.
Al-Majnun (the Insane): a person who has lost rational capacity cannot validly transact — their contracts are void. The court appoints a guardian (wali) to manage their affairs. If the condition is periodic (lucid intervals), transactions during lucid periods are debated.
Al-Muflis (the Insolvent): when a debtor’s debts exceed their assets and creditors petition, the court declares iflas and imposes hajr — the debtor cannot make new transactions that would reduce the assets available for creditors. Existing debts become immediately due; property is divided among creditors by priority.
The Hanafi Exception
The Hanafi school does not impose hajr on the safih — on the grounds that an adult’s right to dispose of their own property is fundamental and the court cannot override it. The Hanafi position: the safih’s transactions are valid; society’s protection comes from other means (moral instruction, family intervention, etc.).
The Maliki, Shafi’i, and Hanbali schools allow full hajr on the safih after judicial proceedings.
The Guardian’s Role
Under hajr, a guardian (wali or qayyim) manages the subject’s affairs:
- A guardian for the insane: manages daily life, authorizes necessary transactions
- A guardian for the safih: executes valid transactions on their behalf
- A trustee for the insolvent: liquidates assets under court supervision
See also: Fiqh Al Wasiyyah, Fiqh Al Mawarith, Fiqh Al Nikah, Fiqh Al Wakala, Fiqh Al Aqd, Fiqh Al Dayn