fiercely over the sacrificial animal; indeed, if one of them took even a pound more than another, they would quarrel over it.
Thus, if a person makes a bequest of something without specifying how it is to be spent, the sound view is that it is valid, and it should be spent in the customary ways of the locality—or, more correctly, in whatever the executor considers best.
His statement, “which the testator owns”: if he does not own it, the executorship is invalid. What the testator does not own is of two kinds:
The first is that which he does not own under the Sacred Law: namely, where he appoints someone to carry out a forbidden act. For example, he may say, “I appoint so-and-so as executor and direct him to spend one hundred dirhams on such-and-such a grave, to light lamps at it or offer sacrifices there.” This executorship is invalid.
The second is that which he is prevented from disposing of due to another person’s right. For example, he may say, “I appoint so-and-so as executor to sell my house while it is mortgaged.” This is not valid, because he does not have the right to sell it without the mortgage holder’s permission.
His statement, “such as settling his debt,” means that if this man appoints so-and-so as executor to settle his debt, the matter to be carried out is known. Even if the debt itself is unknown, this causes no problem.
His statement, “and distributing his third,” means that he bequeaths one-third of his estate and says, “So-and-so is the executor—that is, the person appointed as executor—and he is to distribute it in such-and-such ways.” This is a known disposition. It would have been preferable had the author not said, “and distributing his third,” but instead said, “distributing his fifth,” because earlier, in the chapter on bequests, he stated that bequeathing one-fifth is recommended. Since this is superior, it should have been used as the example, for one-third is permissible whereas one-fifth is better. If that is so, then we should mention what is better, so that people become accustomed to it. This is why most people nowadays say, “So-and-so has no