they have betrayed Allah, then they are even more likely to betray Allah’s servants. This is why, when Mu‘awiyah wrote to ‘Umar ibn al-Khattab concerning the appointment of a Christian to oversee the accounts of the public treasury, ‘Umar refused and said, “We cannot entrust a Christian with the accounts of the public treasury. How can we trust them when Allah has declared them treacherous?” Mu‘awiyah wrote back that the man was skilled and capable. ‘Umar then wrote to him: “Assume the Christian has died. Peace.” (1) This carries a profound meaning: would the public treasury cease to function if this Christian died?! Assume that he has died; the public treasury will not cease to function.

Therefore, it is not valid to appoint a disbeliever as executor, even if he is among the most trustworthy and strongest of disbelievers, for he cannot be trusted, whatever the circumstances.

His statement, “legally responsible,” means mature and of sound mind. The means by which maturity is attained are well known. Soundness of mind means that a person possesses what restrains him from foolishness and reckless conduct. The opposite of a mature person is a minor, and the opposite of a sound-minded person is an insane person.

The apparent meaning of his words is that a man may validly appoint a woman as his executor, because she is mature and of sound mind. Thus, if he appoints her to distribute one-third of his wealth among the poor or to any charitable project, this is permissible, because she may validly dispose of her own wealth; therefore, she may validly dispose of another person’s wealth.

His statement, “upright”: an upright person is the opposite of a sinful person. He is one who is upright in his religion and moral integrity: upright in his religion by not committing a major sin without repenting from it, by not persisting in a minor sin, and by fulfilling the obligatory duties. This is because one who