نام کتاب : مسائل المنتخبه (Articles Of Islamic Acts) نویسنده : الخوئي، السيد أبوالقاسم جلد : 1 صفحه : 475
2262. An insane person, a bankrupt (i.e. a
person who has boon prohibited by the religious Head to appropriate his
property on account of the demands of hiscreditors) and a prodigal
person (Safih) who spends his property on absurd purposes, cannot also
appropriate their property. 2263. If a person is sane at one time and insane at another, it is not correct for him to appropriate his property when he is insane. 2264. A dying man can spend on himself and on
the members of his family and his guests and on other things as much as
he likes, provided that it is not consideredto be extravagance on his
part. And what is more apparent is that if he gives a gift, or sells it
at a cheap price. Hence utilizing his property in this manner is in
order,although it may be more than 1/3 of his property and his heirs may
not permit it.
ORDERS REGARDING AGENCY (WAKALAT)
Agency means that a person may entrust to somebody a task, which he can
perform himself, so that the other person may perform it on his behalf.
For example, one may appointanother person to act as ones agent for the
sale of a house or for contracting ones marriage with a woman. Since fa
prodigal person is not entitled to appropriate hisproperty, he cannot
also appoint another person as his agent (Wakil) to sell it. 2265. In agency it is not necessary to recite a
formula and if a person makes another person understand that he has made
him his agent and the other person alsomakes him understand that he has
accepted that position e.g. if he places his property at his disposal
so that he may sell it on his behalf and he takes that property forthat
purpose, the agency is in order. 2266. If a person appoints another person, who
is in a different city, as his agent and gives him power or attorney and
he accepts it, the agency is in order,although the power of attorney
may reach the agent after some time.
نام کتاب : مسائل المنتخبه (Articles Of Islamic Acts) نویسنده : الخوئي، السيد أبوالقاسم جلد : 1 صفحه : 475