Tarshid (release from guardianship after proof of sound judgement)

Tarshid is lifting restraint from a minor after testing him. Sound judgement means soundness in property for the Hanafis, Malikis and Hanbalis, and soundness in religion and property for the Shafi'is. ¹

In the language, tarshid comes from rushd, which is soundness and hitting the right course. In law it is releasing a minor from restraint after testing him. ¹ The guardian of a sane minor may hand him some of his property and let him trade as a test, on the verse of surah al-Nisa (4:6): test the orphans until they reach marriage; if you find sound judgement in them, hand over their property. ¹

The test is obligatory for the Shafi'is and Hanbalis. The Hanbalis differ on the time, before puberty in one view and after it in the other. The Shafi'i guardian tests his religion by watching his worship and dealings, and his property as the three other imams hold. ^{1 2} The Hanafis hold that a minor who reaches puberty as a wasteful spendthrift has his property held back until twenty-five, unless his sound judgement is shown earlier; then Abu Hanifa holds that the property must be handed over at that age even if he is not sound. ²

A minor who has reached puberty and shown sound judgement, or a sane insane person, may be released by the guardian without a judge's ruling; a judge may also do it when there is disagreement. A girl is treated as a boy by the Hanafis, Hanbalis and the sounder Shafi'i view. The Malikis distinguish between a boy and a girl, between the father, the appointed guardian and the executor, and between a girl whose soundness is known and one whose is not. ^{2 3}

The Hanafis, Shafi'is and Hanbalis require no particular words, so release may be explicit or implied. For the Malikis, release of a boy is made by the guardian calling just men to witness that he has released the ward and given him power over his affairs; release of a girl is made by saying "I have made you sound" or "I have freed your hand". ³

The Hanafis hold that a minor's executor, who hands over property before soundness is proved and the property is lost or destroyed, becomes liable. The Malikis and Hanbalis hold that the guardian is not liable for what is destroyed after release, since he acted on his judgement. ³