because ordinarily the older person has experienced affairs and come to know people, and thus has sounder judgment than the younger.

Then his testamentary executor in this matter; then her paternal grandfather, however remote; then her son; then his sons, however remote; then her full brother; then her paternal half-brother; then their sons likewise; then her full paternal uncle; then her paternal half-uncle; then their sons likewise; then the closest agnatic relative by lineage, as in inheritance.

His statement, “Then his testamentary executor in this matter,” means that the guardian may have an agent and a testamentary executor. An agent is someone whom he appoints to act in his place during his lifetime, whereas a testamentary executor is someone who takes his place after his death. The scholars have differed as to whether guardianship in marriage is acquired through a testamentary appointment. The well-known position of the school is that it is acquired through such an appointment. On this view, the father’s testamentary executor takes precedence over all other guardians, even over the grandfather, son, and brother.

The correct view in this matter is that guardianship terminates upon death, and that a guardian has no right to appoint someone to act after his death. Even if he does so, the appointment is invalid, because this guardianship is granted by the Sacred Law, not by a person’s own act. This is unlike property: your property belongs to you, and you may, for example, appoint someone to administer one-third of it. But this is authority over another person. As long as you are alive, you have the greater right to exercise it; once you die, that authority ends, and the matter belongs to Allah and His Messenger, may Allah’s peace and blessings be upon him.

Accordingly, if a father appoints a certain person to marry off his daughters after his death, while they have brothers, then—according to the correct view—their brothers are the ones who marry them off after his death. The testamentary executor has no right in the matter. However, if someone wishes, as a precaution, to accommodate both views, the guardian may say to the executor, “Be present, and I appoint you as my agent.” This is permissible, and he then acts as the agent of the guardian who is present. In this way, the two views may be reconciled.

Taking precautions in such matters—especially in marriage—is more appropriate. Thus, we say to the guardian, “Be present,” and we say to her brother, who possesses the guardianship, “Appoint him as your agent to conclude the marriage.” Or we may say to the testamentary executor, “Revoke the appointment.” The testamentary executor may revoke it, because it is not binding. Once he revokes the appointment, the matter reverts to the guardians.