He—may Allah Most High have mercy on him—was asked:
Concerning orphans under legal guardianship who have an executor and a caregiver, and whose mother has married an unrelated man: does he have any authority over them?
He replied:
Praise be to Allah, Lord of all worlds. Their mother’s husband has no authority over their persons or their property. Indeed, a mother married to an unrelated man has no right to custody, lest that man become their custodian. Since a wife is subject to her husband’s authority, the Lawgiver has removed her right to custody so that they will not be in the custody of an unrelated man. Rather, custody belongs to their maternal grandmother or another relative. Their property is entrusted to the executor, while guardianship in marriage belongs to their male agnatic relatives.
He was also asked:
Concerning a man who, as death approached him, made the following bequest in his presence: “Half of this house is for the Noble Sanctuary, and half is for my slave, ‘Sanuqirr,’ who has been manumitted and is free.” He had no heir other than his master’s son. The executor told his master’s son, “Muslims may not withhold this.” Yet he disregarded the executor’s words, sold it, and dealt with the house as its owner. Is his sale valid?
He replied:
If the bequest falls within one-third of the estate, it must be carried out, and the heirs have no right to invalidate it. If they deny it, the beneficiary may require them to swear an oath. Whenever a witness testifies in his favour to acceptance by the executor or someone else, he may supplement his witness’s testimony with his own oath and take his share.