the marriage is valid, whereas according to the view we have chosen, the marriage is invalid, because guardianship in marriage is not acquired through appointment by will. Yet if their brother marries them off in this case, the marriage is invalid according to the school, while it is valid according to the preferred view. Thus, one of them should appoint the other as his agent: the brother may be told, “Appoint the executor as your agent,” or the executor may be told, “Appoint the brother as your agent.” If either one appoints the other as his agent, the problem is resolved. Otherwise, they should both attend before the marriage registrar and marry her off.

The guardian says, “I give you my sister, so-and-so, in marriage,” and the executor says, “I give you the daughter of so-and-so in marriage by virtue of my appointment by will.” Once these two have made the offer, the husband says, “I accept the marriage.” Thus, the offer proceeds from two persons, while the acceptance proceeds from one.

A bequest is not valid concerning that which the testator does not own, such as a woman’s appointing someone by will to oversee the affairs of her minor children and the like. Whoever is appointed by will for a particular matter does not become an executor in other matters. If, after the executor has distributed the estate, a debt appears against the deceased that exhausts his estate, the executor is not liable. And if he says, “Dispose of my one-third wherever you wish,” it is not permissible for the executor, nor for his children, to do so.

His statement, “A bequest is not valid concerning that which the testator does not own, such as a woman’s appointing someone by will to oversee the affairs of her minor children and the like”: a bequest is not valid regarding something the testator does not own. For example, a previously married woman whose husband has died and who has minor children is their guardian. When she senses that death is near, or fears it, she appoints someone by will to look after her minor children. The author says that this appointment by will is invalid, because the mother does not independently possess authority to oversee her minor children. Authority over children belongs to the father—that is, to the male relatives. When the mother dies, the matter is referred to the judge, who appoints whomever he considers suitable.

There is another view on the matter: that her guardianship, and consequently her appointment by will, is valid. Thus, if a man appoints his wife by will to oversee his minor children, this is permissible, because a woman is a Muslim, legally accountable, and mature of sound judgment, and appointment by will is valid for every