Chapter: The Appointed Executor

He—may Allah Most High have mercy on him—was asked:

About a guardian duly authorized to act for orphans: the orphans owned a house, which the guardian’s agent sold before viewing it. He received the price, but a higher offer was subsequently made for it. May he accept the higher offer or not?

He answered:

If the agent sold it at its fair market value and it had been viewed on his behalf, the sale is valid. If it had not been viewed on his behalf, there is a difference of opinion. If he sold it below its fair market value, he has been negligent in discharging his trust. He may be held liable for the resulting loss, or the sale may be rescinded if the full fair market value is not offered to him. And Allah knows best.

He was also asked:

About a man of high standing who had extensive dealings with people and left testamentary instructions concerning various matters. During the testator’s lifetime, a man came to his executor and said:

“So-and-so, I have come to you while so-and-so is still alive