a person bequeaths some of his property to Zayd. The appointed executor may then dispose of that which he has been entrusted to administer in whatever manner he considers most beneficial. He is not the owner, but he acts in the owner’s stead.
The administrator is the one appointed over an endowment—that is, entrusted with its management. For example, a man may say, “This house is an endowment for the poor and needy, and its administrator is so-and-so, son of so-and-so.” His disposal of it is likewise valid, even though he is not its owner, because he acts in the owner’s stead. We call such a person an administrator. Umar (may Allah be pleased with him) endowed his property at Khaybar and said: “Hafsah shall administer it, then the prudent members of my family.” (1) Thus, Umar (may Allah be pleased with him) appointed Hafsah as the administrator of his endowment.
A guardian is one who disposes of another’s property by authorization of the Lawgiver.
Guardianship is of two types: general and particular.
General guardianship is the authority of rulers, such as judges. They have general authority over property whose owner is unknown, over the property of orphans who have no particular guardian, and over other such matters.
As for particular guardianship, it is guardianship over an orphan by a particular individual, such as the guardianship of an uncle over his orphaned nephew. We call him a guardian rather than an agent because his authority to dispose of the property derives from the Sacred Law, whereas an agent