Nafadh (taking effect)

Nafadh, in the lexicon, is passing and taking effect. As a term it is the effect of a valid disposition taking hold at once. ¹ Every effective disposition is valid, but not every valid one is effective. ²

Dispositions that do not take effect include those of an unauthorised agent, a discerning minor and a spendthrift, and an agent acting beyond his mandate; a sale of a mortgaged item without the pledgee's consent, a landlord's sale without the tenant's consent, and a partner's sale of an undivided share without the other partner's consent. ² Whether a judge's ruling takes effect outwardly and inwardly, or outwardly only, is disputed; details are under judgment. ² Suspended contract: valid in the Hanafi and Maliki schools, in an old Shafi'i view and in one Hanbali report, taking effect on ratification; void in the prevailing Shafi'i view and the Hanbali school. ²