Chapter: The Executor of a Bequest

A Muslim’s bequest is valid when it appoints any legally accountable, sound-minded, upright Muslim—even if his uprightness is only outwardly apparent—whether that person is blind, a woman, or a slave; the slave, however, may not accept the appointment without his master’s permission. Likewise, a bequest made by a non-Muslim is valid if it is entrusted to an upright person of his own faith.

The presence of these qualifying traits is required both at the time the bequest is made and at the testator’s death.

The executor is free to accept the appointment or to resign from it whenever he wishes.

A bequest may be made conditional, as in: “when he reaches puberty,” “when he is present,” “when he becomes of sound judgment,” “when he repents of his sin,” or: “If Zayd dies, then ʿAmr will take his place.” It may also be time-limited, for example: “Zayd is my executor for one year, after which ʿAmr will assume the office.”