His words, “and appointment as an executor”: the author mentions appointment as an executor without qualification, whereas the author of al-Rawḍ restricted it to matters other than property (1). It may be argued that this restriction is understood from the author’s words, since he said, “It is neither property nor intended to secure property.” Accordingly, this refers to appointment as an executor in matters other than property—for example, appointing someone to oversee the affairs of one’s minor children. A person might say, “I appoint So-and-so to look after my minor children and undertake their upbringing.” Or he may appoint someone to arrange the marriage of his daughters, according to the view that guardianship in marriage may be acquired through such an appointment. We have previously discussed that there is a difference of opinion on this issue, and that the correct view is that when a marriage guardian dies, his guardianship lapses, both in its original and derivative forms; guardianship in marriage is not acquired through appointment as an executor.

Thus, the author’s words, “appointment as an executor,” mean appointment in matters other than property, such as appointment concerning marriage or the supervision of children. It requires two male witnesses. So, if someone comes to us after a man’s death and says, “Your deceased relative appointed me to marry off your sisters”—that is, his daughters—then, if we demand proof from him, we require two men. If he produces only one man, we do not accept it.

“And in matters of property, and matters intended to secure property—such as a sale, a deferred term, an option stipulated therein, and the like—two men, or one man and two women, or one man together with the claimant’s oath, are accepted …”

His words, “And in matters of property, and matters intended to secure property—such as a sale, a deferred term, an option stipulated therein, and the like,” mean matters similar to these, such as loans, pledges, usurpation, leasing, endowments, sharecropping, crop-sharing, and partnerships. All financial transactions, as well as all conditions or descriptions connected to them, are either called property or are intended to secure property. Their evidentiary requirements are therefore the broadest.